Cryotech International, Inc. v. Technifab Products, Inc.

Filing 158

STIPULATION AND ORDER re 157 Stipulation, filed by Technifab Products, Inc., Cryotech International, Inc. Signed by Magistrate Judge Howard R. Lloyd on 2/25/2010. (hrllc1, COURT STAFF) (Filed on 2/25/2010)

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ARTHUR J. CASEY, ESQ. (Bar No. 123273) CARRIE M. DUPIC, ESQ. (Bar No. 240252) ROBINSON & WOOD, INC. 227 North First Street San Jose, CA 95113-1016 Telephone: [phone] Facsimile: [phone] MARK D. HASSLER, ESQ. (Indiana Attorney No. 8102-84) HUNT, HASSLER & LORENZ LLP 100 Cherry Street Terre Haute, IN 47807 Telephone: [phone] Facsimile: [phone] Admitted Pro Hac Vice Attorneys for Defendant TECHNIFAB PRODUCTS, INC.

** E-filed February 25, 2010 **

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CRYOTECH INTERNATIONAL, INC., a ) Delaware Corporation f/k/a VBS ) INDUSTRIES INCORPORATED, ) ) Plaintiffs and ) Counter-Defendants ) ) vs. ) ) ) TECHNIFAB PRODUCTS, INC., an ) Indiana Corporation, and DOES I-50, ) inclusive, ) ) Defendants and ) Counterclaimant )

CASE NO. C08 02921 HRL JOINT STIPULATION AND REQUEST FOR ORDER CONTINUING HEARING ON PLAINTIFF'S MOTION TO EXCLUDE REPORT AND TESTIMONY OF O. EARL ELLIOTT

Judge: Magistrate Howard Lloyd

Plaintiff filed its Motion to Exclude the Report of O. Earl Elliott and Testimony of Mr. 23 Elliott; or in the Alternative, to Allow Plaintiff to File an Expert Report, to be heard on March 24 30, 2010, but counsel for defendant is unavailable for hearing on that date. Due to said 25 unavailability of defendant's counsel on March 30, 2010, plaintiff's and defendant's counsel 26 have agreed to continue the hearing of plaintiff's Motion to Exclude to April 6, 2010, at 10:00 27 28 1

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a.m., in Courtroom 2 of the United States District Court, 280 South First Street, San Jose, California. Good cause exists for this Court to exercise its discretion to continue the hearing. IT IS HEREBY STIPULATED that the hearing on plaintiff's Motion to Exclude is continued to April 6, 2010, at 10:00 a.m. HUNT, HASSLER & LORENZ LLP

By 9 10 Dated: February 24, 2010. 11 12 13 14 15 Dated: February 24, 2010. 16 17 18 19 20 21 22 23 24 25 26 27 28 By

/s/ Mark D. Hassler Mark D. Hassler (appearance pro hac vice)

JOHANSON BERENSON LLP

/s/ David R. Johanson David R. Johanson

ORDER Good cause thereby appearing, the hearing on plaintiff's Motion to Exclude the Report of O. Earl Elliott, and Testimony of Mr. Elliott; or in the Alternative, to Allow Plaintiff to File an Expert Report is set for April 6, 2010, at 10:00 a.m. 25 Dated: February ____, 2010.

_____________________________________ Howard R. Lloyd, U.S. Magistrate Judge

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