Dioptics Medical Products, Inc. v. Ideavillage Products Corp

Filing 228

ORDER re 225 Stipulation to Extend Time. Signed by Judge Paul S. Grewal on March 8, 2011. (psglc2, COURT STAFF) (Filed on 3/8/2011)

Dioptics Medical Products, Inc. v. Ideavillage Products Corp

Doc. 228

David S. Bloch (SBN: 184530) Andrew P. Bridges (SBN: 122761)
2 Nicole M. Norris (SBN: 222785)

Daniel S. Mount (State Bar No. 77517) Daniel H. Fingerman (State Bar No. 229683) Mount, Spelman & Fingerman, P.C.
RiverPark Tower, Suite 1650

Winston & Strawn, LLP
3 101 California St, Suite 3900 San Francisco , CA 9411 1

333 West San Carlos Street
San Jose, CA 95110-2711 Telephone: [phone]

4 Telephone: [phone]

Facsimile: 415-591-1400
5 Email: db1och(fwinston.com

Facsimile' 408-998-1473
Email: dmount(fmount.com Email: dfingerman(fmount.com

Email: abridges(fwinston.com
6 Email: nnorris(fwinston.com

7 Attorneys for Plaintif
Dioptics Medical Products, Inc.
8

Roger A. Colaizzi (Admitted Pro hac vice) Venable LLP 575 7th Street, NW Washington, DC 20004
Telephone: [phone]
Facsimile 202.344.8300

9

Email: racolaizzi(fvenable.com
10

Tamany Vinson Bentz (State Bar No. 258600)
11

Venable, LLP

12
13

2049 Century Park East, #2100 Los Angeles, CA 90067 Telephone: [phone]
Facsimile 310.229.9901 Email: tbentz(fvenable.com

14

Attorneys for Defendants Ideavilage Products
15

Corp. and Anand Khubani

16
17
18

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
DIOPTICS MEDICAL PRODUCTS, INC. and LIVE EYEWEAR, INC.,
Plaintiffs,
VS.

CASE NO. CV 08-03538 (PSG)

19

20
21

JOINT STIPULATION TO EXTEND TIME TO ANSWER AND FILE INVALIDITY CONTENTIONS

22
23

IDEAVILLAGE PRODUCTS CORP., dba HD VISION, and ANAND KHUBANI,
Defendants.

24
25

26 27
28
1

JOINT STIPULATION TO EXTEND TIME TO ANSWER AND FILE INY ALIDITY CONTENTIONS

Dockets.Justia.com

WHEREAS, Defendants IDEA VILLAGE PRODUCTS CORP. and ANAND KHUBANI,
2
3

and Plaintiffs DIOPTICS MEDICAL PRODUCTS, INC and LIVE EYEWEAR previously agreed
on November 12,2010, December 6, 2010, January 4,2011, and February 5,2011 to extend

4
5

Defendants' time to Answer the Second Amended Complaint to allow for settlement discussions
between the parties;

6 7
8

WHEREAS, Defendants IDEAVILLAGE PRODUCTS CORP. and ANAND KHUBANI,

and PlaintiffDIOPTICS MEDICAL PRODUCTS, INC. have engaged in mutual settlement
discussions and are close to finalizing a settlement agreement;

9

WHEREAS, Defendants IDEAVILLAGE PRODUCTS CORP. and ANAND KHUBANI,

10
11

and PlaintiffDIOPTICS MEDICAL PRODUCTS, INC. have agreed, pursuant to Local Rule 6-2(a),
to extend the Defendants' time to Answer the Second Amended Complaint by an additional thirty
(30) days;

12
13

WHEREAS, Defendants IDEA VILLAGE PRODUCTS CORP. and ANAND KHUBANI,

14
15

and PlaintiffDIOPTICS MEDICAL PRODUCTS, INC. have agreed, pursuant to Local Rule 6-2(a),

to extend the Defendants' time to fie Defendants' Invalidity Contentions by thirty (30) days;
WHEREAS, Defendants IDEAVILLAGE PRODUCTS CORP. and ANAND KHUBANI,

16 17
18

and PlaintiffDIOPTICS MEDICAL PRODUCTS, INC. do not expect that the requested extension wil have any effect on any other dates or deadlines set for the case. Defendants IDEA VILLAGE
PRODUCTS CORP. and ANAND KHUBANI are not seeking an extension to Answer the Second
Amended Complaint as to Plaintiff

19

20
21

LIVE EYEWEAR'S claims or to serve Invalidity Contentions

with respect to Plaintiff LIVE EYEWEAR'S claims. Defendants IDEA VILLAGE PRODUCTS
CORP. and ANAND KHUBANI wil Answer Plaintiff

22
23

LIVE EYEWEAR'S claims in the Second
WEAR on March

Amended Complaint and wil serve Invalidity Contentions on Plaintiff LIVE EYE

24
25

7,2011 pursuant to the Court's Case Management Order.
IT IS HEREBY STIPULATED AND AGREED by and between the attorneys for Defendants

26

IDEAVILLAGE PRODUCTS CORP. and ANAND KHUBANI, and PlaintiffDIOPTICS

27
28

MEDICAL PRODUCTS, INC., that Defendants' Answer to Plaintiffs Second Amended Complaint
2 JOINT STIPULATION TO EXTEND TIME TO ANSWER AND FILE INY ALIDITY CONTENTIONS

1 and Defendants' Invalidity Contentions shall be due on or before April 6, 2011.
2
3 Respectfully submitted,

Winston & Strawn, LLP

4
5

Dated: March 7, 2011

6

7
8 Dated: March 7, 2011

By: lsi Nicole M. Norris David S. Bloch Nicole M. Norris Attorneys For Plaintiff Diopties Medical Products, Inc.

Venable LLP
By: lsi Tamany Vinson Bentz Roger A. Colaizzi
Tamany Vinson Bentz

9

10
11

12
13

Attorneys for Defendants Ideavilage Products, Corp. and Anand Khubani

PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated:MMaraMr 8, 2011 March
The Hon. Paul S. Grewal

14
15

16 17
18

United States Magistrate Judge

19

20
21

22
23

24
25

26

27
28
3

JOINT STIPULATION TO EXTEND TIME TO ANSWER AND FILE INY ALIDITY CONTENTIONS

1 SIGNATURE ATTESTATION
2 I am the ECF User whose identification and password are being used to file the foregoing
3 Joint Stipulation to Extend Time to Answer and File Invalidity Contentions. In compliance with

4 General Order 45.X.B., I hereby attest that the other signatories to this filing have concurred in this
5

fiing.

6 7
8

Dated: March 7, 2011
By: lsi Tamany Vinson Bentz

9

Attorney for Defendants

10
11

12
13

14
15

16 17
18

19

20
21

22
23

24
25

26 27
28
4 JOINT STIPULATION TO EXTEND TIME TO ANSWER AND FILE INY ALIDITY CONTENTIONS

1

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 7th day of March, 2011, a copy of the foregoing JOINT STIPULATION TO EXTEND TIME TO ANSWER AND FILE INVALIDITY CONTENTIONS was served electronically via the United States District Court - Northern District of California's CMIECF electronic system:
David S. Bloch, Esq. Nicole M. Norris, Esq. Winston & Strawn, LLP 101 California St, Suite 3900
San Francisco, CA 94111
Telephone: [phone] Facsimile: 415-591-1400

2
3

4
5

6 7
8

9

Email: dbloch~winston.com Email: nnorris~winston.com
Attorneys for Plaintif

10
11

Dioptics Medical Products, Inc.
Jay 1. Raftery, Esq.

12
13

Live Eyewear, Inc. 3490 Broad Street San Luis Obispo CA 93401 jraftery~liveeyewear.com
Attorneys for Plaintif

14
15

Live Eyewear, Inc.

Daniel S. Mount, Esq.
Daniel H. Fingerman, Esq,

16

Mount, Spelman & Fingerman, P.C.
RiverPark Tower, Suite 1650

17 18 19

333 West San Carlos Street San Jose, CA 95110-2711
Telephone: [phone] Facsimile: 408-998-1473

Email: dmount~mount.com
Email: dfingerman~mount.com

20
21

22
23

24
25

lsi Tamany Vinson Bentz Tamany Vinson Bentz

26 27
28
5

JOINT STIPULATION TO EXTEND TIME TO ANSWER AND FILE INY ALIDITY CONTENTIONS