Dong Ah Tire & Rubber Co., Ltd v. Glasforms Inc.,

Filing 174

STIPULATION AND ORDER re 173 to Vacate both the Pretrial Conference Scheduled for January 9, 2009 and Trial Date of January 20, 2009. Signed by Judge Jeremy Fogel on 12/10/08. (dlm, COURT STAFF) (Filed on 12/15/2008)

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J. Michael Fitzsimmons (SBN 132343) [e-mail] Lisa Jeong Cummins (SBN 118087) [e-mail] CAMPBELL, WARBURTON, FITZSIMMONS, SMITH, MENDELL & PASTORE 64 West Santa Clara Street San Jose, CA 95113-1806 Telephone: [phone] Facsimile: 408-295-1423 Attorneys for Defendant/Third Party Defendant CTG INTERNATIONAL (NORTH AMERICA) INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION DONG AH TIRE & RUBBER CO., LTD., a Korean Corporation, Plaintiff, v. GLASFORMS, INC., a California Corporation, Plaintiff/Defendant/ Third-Party Plaintiff, v. CTG INTERNATIONAL (NORTH AMERICA) INC., an Indiana Corporation; TAISHAN FIBERGLASS, INC., a corporation organized under the laws of the People's Republic of China, Defendants/ Third-Party Defendants. _______________________________ AND RELATED COUNTERCLAIMS _______________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. C 06-03359-JF
(Consolidated with Case No. C 06-00213-JF)

STIPULATION TO VACATE BOTH THE PRETRIAL CONFERENCE SCHEDULED FOR JANUARY 9, 2009 AND TRIAL DATE OF JANUARY 20, 2009 (JANUARY 19, 2009 BEING COURT HOLIDAY) -----------------AND [PROPOSED] ORDER THEREON

This Stipulation is entered into between Plaintiff/Defendant/Third-Party Plaintiff Glasforms, Inc. ("Glasforms"), Third-Party Defendant CTG International (North America) Inc. ("CTG"), and
STIPULATION TO VACATE TRIAL DATE AND [PROPOSED] ORDER THEREON Case No. C 06-03359-JF

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Third-Party Defendant Taishan Fiberglass, Inc. ("Taishan"), by and through their respective counsel of record. RECITALS WHEREAS, the Pretrial Conference in this matter is presently set for January 9, 2009; WHEREAS, Trial in this matter is presently scheduled to commence on January 20, 2009 (January 19, 2009 being a Court holiday); WHEREAS, all parties have agreed to mediate before Justice Walter P. Capaccioli (Retired) on January 9, 2009; WHEREAS, in view of the pending Mediation on January 9, 2009 all parties have agreed and stipulated that all litigation activity and deadlines have been tolled effective October 31, 2008 effectively rendering all parties unprepared for Trial on January 19, 2009; WHEREAS, if this matter does not resolve at Mediation on January 9, 2009, all parties are to appear for a Status Conference on January 16, 2009 at 10:30 A.M. in Department 3 at which time all affected deadlines shall be rescheduled as expeditiously as reasonably possible; WHEREAS, to alleviate any ambiguity and concerns as to surprise, the parties agree that the phrase "all litigation activities and deadlines", includes both the Pretrial Conference and the Trial of this matter; NOW THEREFORE, IT IS HEREBY AGREED AND STIPULATED by and between Glasforms, CTG and Taishan, through their respective counsel of record, and subject to Court approval, that: The Pretrial Conference previously scheduled for January 9, 2009 and the previously scheduled Trial date of January 20, 2009 (January 19, 2009 being a Court holiday) shall be vacated and, failing settlement, will be among the affected deadlines to be rescheduled as expeditiously as reasonably possible at the Status Conference on January 16, 2009. IT IS RESPECTFULLY REQUESTED that the Court vacate both the Pretrial Conference presently set for January 9, 2009 and the Trial date currently scheduled for January 20, 2009 //// ////
STIPULATION TO VACATE TRIAL DATE AND [PROPOSED] ORDER THEREON Case No. C 06-03359-JF

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(January 19, 2009 being a Court holiday). IT IS SO STIPULATED.

DATED: December 9, 2008

HOPKINS & CARLEY

By:____________/s/ Robert A. Christopher Robert A. Christopher Eugene Ashley Noelle E. Dunn Attorneys for Plaintiff/Defendant/Third-Party Plaintiff GLASFORMS, INC.

DATED: December 9, 2008

CAMPBELL, WARBURTON, FITZSIMMONS, SMITH, MENDELL & PASTORE

By:____________/s/ J. Michael Fitzsimmons J. Michael Fitzsimmons Lisa Jeong Cummins Attorneys for Third-Party Defendant CTG INTERNATIONAL (NORTH AMERICA) INC.

DATED: December 9, 2008

BURROW & SHIMANE By:____________/s/ Lance Burrow Lance Burrow Attorneys for Third-Party Defendants TAISHAN FIBERGLASS, INC.

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STIPULATION TO VACATE TRIAL DATE AND [PROPOSED] ORDER THEREON Case No. C 06-03359-JF

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 Dated: December ____, 2008 B. IT IS ORDERED THAT: A.

ORDER

The previously scheduled Pretrial Conference date of January 9, 2009 is hereby vacated; and The previously scheduled Trial date of January 20, 2009 (January 19, 2009 being a Court holiday) is hereby vacated.

_________________________________________ HONORABLE JEREMY FOGEL Judge of the United States District Court

STIPULATION TO VACATE TRIAL DATE AND [PROPOSED] ORDER THEREON Case No. C 06-03359-JF

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By:_____________/s/ Lisa Jeong Cummins Lisa Jeong Cummins Attorneys for Third-Party Defendant CTG INTERNATIONAL (NORTH AMERICA) INC. PURSUANT TO GENERAL ORDER 45, I, Lisa Jeong Cummins, the ECF User transmitting and filing this STIPULATION TO VACATE BOTH THE PRETRIAL CONFERENCE SCHEDULED FOR JANUARY 9, 2009 AND TRIAL DATE OF JANUARY 20, 2009 (JANUARY 19, 2009 BEING A COURT HOLIDAY) AND [PROPOSED] ORDER THEREON, attest that I have obtained the concurrence of Robert A. Christopher and Lance Burrow on this filing. I declare the foregoing under the penalty of perjury.

DATED: December 9, 2008

CAMPBELL, WARBURTON, FITZSIMMONS, SMITH, MENDELL & PASTORE