Bay Sales, Inc. v. Tripod Technology Corporation

Filing 71

STIPULATION AND ORDER RE DISCOVERY DEADLINES re 69 Stipulation filed by Bay Sales, Inc. Signed by Judge Patricia V. Trumbull on October 22, 2008. (pvtlc2, COURT STAFF) (Filed on 10/22/2008)

Case 5:07-cv-03702-JW

Document 69

Filed 10/21/2008

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JOHN W. FOWLER, Bar No. 037463 [e-mail] COLIN MCCARTHY, Bar No. 191410 [e-mail] BERGESON, LLP 303 Almaden Boulevard, Suite 500 San Jose, CA 95110-2712 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff BAY SALES, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

BAY SALES, INC., a California corporation, Plaintiff, vs. TRIPOD TECHNOLOGY CORPORATION, a Taiwanese corporation, Defendant.

Case No. C 07 03702 JW (PVT)
XXXXXXXXXXX STIPULATION AND [PROPOSED] X ORDER RE DISCOVERY DEADLINES

WHEREAS, following July 24, 2008 order granting in part Bay Sales' motion to compel further discovery ("July 24 Order") Tripod produced further documents and supplemental interrogatory responses on August 15, 2008 and October 18, 2008; and WHEREAS, pursuant to a Stipulation and Order entered by Judge Ware on October 2, 2008, Bay Sales's deadline to make a motion with respect to Tripod's August 15, 2008 production and responses is October 24, 2008; and WHEREAS, the parties are still engaged in the meet and confer process and wish to further extend Bay Sales's time to make a motion until after the Court rules on Tripod's pending Motion
STIPULATION AND [PROPOSED] ORDER RE DISCOVERY DEADLINES C07-03702 JW (PVT)

Case 5:07-cv-03702-JW

Document 69

Filed 10/21/2008

Page 2 of 2

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X end XXX Sales's XXX X XXXX a XXXXXX until after the Court rules XX Tripod's XXXXXX XXXXXX extXXXXBayXXXXXXXtimeXtoXmakeXXmotion XXXXXXXXXXXXXXXXXXXXXon XXXXXXXXpendingXMotion

For Summary Judgment or, in the Alternative Summary Adjudication now set for hearing on October 27, 2008. IT IS HEREBY STIPULATED by and between Bay Sales and Tripod, subject to the approval of the Court, that: 1. Bay Sales's deadline to make a motion with respect to Tripod's August 15, 2008

production and responses shall be extended to 10 days after the Court's ruling on Tripod's Motion for Summary Adjudication or, in the Alternative Summary Adjudication. The parties agree to continue the meet and confer process with respect to the issues which may be the subject of this motion and Bay Sales agrees that it shall inform Tripod in writing, at least two business days prior to filing a motion to compel, that the meet and confer process has ended and that it intends to proceed with the filing of a motion to compel. DATED: October 21, 2008 _____________/s/__________________ John W. Fowler Attorneys for Plaintiff BAY SALES, INC. DATED: October 21, 2008 ___________/s/___________________ Michael K. Maher Attorneys for Defendant TRIPOD TECHNOLOGY CORPORATION PURSUANT TO STIPULATION, IT IS SO ORDERED:
October 22, 2008 DATED: ________________

_____________________________________ XXXXXXXXXXXXX Ware Honorable James XXXXX Patricia V. Trumbull XXXXX XX X United States DistrictXJudgeXXX
Magistrate Judge

STIPULATION AND [PROPOSED] ORDER RE DISCOVERY DEADLINES C07-03702 JW (PVT)

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