Bay Sales, Inc. v. Tripod Technology Corporation

Filing 74

STIPULATION AND ORDER Vacating Pretrial Deadlines and Conference re 73 Stipulation filed by Tripod Technology Corporation. The deadlines to file the pretrial statement and the Pretrial Conference set for 12/1/2008 are VACATED. The Court to set a new date for the Pretrial Conference in its order on the Motion for Summary Judgment. Signed by Judge James Ware on 11/17/2008. (ecg, COURT STAFF) (Filed on 11/17/2008)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

BAY SALES INC., a California corporation

) ) Plaintiff, ) ) v. ) ) TRIPOD TECHNOLOGY CORPORATION, ) a Taiwanese corporation and DOES 1 to 10 ) ) Defendants. ) ) ) ) ) ) )

Case No. C 07 03702 JW (1) STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE; (2) [PROPOSED] ORDER

Complaint Filed: June 19, 2007 Pre Trial Conference: December 1, 2008 Trial Date: None Set

WHEREAS, on October 27, 2008, the Court heard oral argument on Defendant's Motion for Summary Judgment/Summary Adjudication and took the matter under submission; -1(1) STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE; (2) [PROPOSED] ORDER
CASE NO. 07 03702 JW

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Attorneys for Defendant TRIPOD TECHNOLOGY CORPORATION

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MAHER, RENZI & MAHER Michael K. Maher, Esq. (SBN 064355) 4175 E. La Palma Ave #205 Anaheim, CA 92807 [phone] [phone] Direct [phone] Fax [e-mail]

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WHEREAS, the Pre-Trial Conference in this matter is currently scheduled for December 1, 2008 and the parties are required to submit Pre-Trial Conference Statements on November 20, 2008; WHEREAS, until the Motion for Summary Judgment/Summary adjudication is decided by the Court, the parties do not know what issues will be left for trial and, therefore, what issues should be contained in the Pre-Trial Conference Statements; WHEREAS, the parties wish to avoid the burden and expense of preparing pre-trial documents until the Court has ruled on the pending motion; and WHEREAS, the parties have previously entered into a Stipulation, confirmed as an Order by Magistrate Trumbull on October 22, 2008, as Document 71 in this case, deferring a discovery issue until after the Court rules on the pending motion; IT IS HEREBY STIPULATED by and between the parties, subject to the approval of the Court, that the current dates for the Pre-Trial Conference and submission of Pre-Trial Conference Statements be vacated, and that, after the Court rules on the pending Motion for Summary Judgment/Summary Adjudication, and depending on the outcome thereof, that the Court set a new date for the Pre-Trial Conference .which is not less than 45 days from date of the Court's ruling and a date for the submission of Pre-Trial Statements in accordance therewith.

Dated: November 10, 2008

MAHER, RENZI & MAHER MICHAEL K. MAHER

_____/S/___________________ Michael K. Maher Attorneys for Defendant
TRIPOD TECHNOLOGY CORPORATION

-2(1) STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE; (2) [PROPOSED] ORDER
CASE NO. 07 03702 JW

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Dated: November 10, 2008

BERGESON LLP JOHN W. FOWLER

____/S/_______________________ John W. Fowler Attorneys for Plaintiff BAY SALES INC

ORDER Pursuant to the above Stipulation of the parties, IT IS SO ORDERED.

Dated: _____________

November 17, 2008

_______________________ Honorable James Ware United States District Judge

-3(1) STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE; (2) [PROPOSED] ORDER
CASE NO. 07 03702 JW