Dioptics Medical Products, Inc. v. Ideavillage Products Corp

Filing 277

ORDER Approving 275 Stipulation To Continue Dates Scheduled in February 15, 2011 case Management Order. Signed by Judge Paul S. Grewal on June 17, 2011. (psglc2, COURT STAFF) (Filed on 6/17/2011)

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Jay L. Raftery, Jr. (State Bar No. 264114)
General Counsel,
Live Eyewear, Inc.
3490 Broad Street
San Luis Obispo, California 93401
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Roger A. Colaizzi (Admitted Pro hac vice)
Venable LLP
575 7th Street, NW
Washington, DC 20004
Telephone: [phone]
Facsimile. [phone]
Email: [e-mail]
Tamany Vinson Bentz (State Bar No. 258600)
Venable, LLP
2049 Century Park East, #2100
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

Attorney for Plaintiff
Live Eyewear, Inc.

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Attorneys for Defendants Ideavillage Products
Corp. and Anand Khubani

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LIVE EYEWEAR, INC.,

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CASE NO. CV 08-03538 (PSG)

Plaintiff and Counter-Defendant,

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VS.

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

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JOINT STIPULATION TO CONTINUE THE
COURT’S FEBRUARY 15, 2011 CASE
MANAGEMENT ORDER

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Defendants and Counter-Plaintiffs.

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WHEREAS, Plaintiff LIVE EYEWEAR, INC. and Defendants IDEAVILLAGE

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PRODUCTS CORP. and ANAND KHUBANI have agreed that the schedule contained in the

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Court’s February 15, 2011 Case Management Order (ECF 222) should be continued until after the

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Court rules on the four pending motions ("Pending Motions").1 Three of the Pending Motions

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The currently pending motions are (1) Live Eyewear’s Motion to Dismiss Ideavillage’s Counterclaim Three (ECF 235);
(2) Live Eyewear’s Motion to Bifurcate Ideavillage’s Counterclaim Three (ECF 237); (3) Live Eyewear’s Motion for
(Footnote continued)

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JOINT STIPULATION TO CONTINUE THE COURT’S
FEBRUARY 15, 2011 CASE MANAGEMENT ORDER; CASE NO. 08-03538

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scheduled for oral argument on June 28, 2011, at 10:00 a.m., before the Hon. Paul S. Grewal, and the

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fourth Pending Motion was taken under submission by the Court. The parties agree that the Court's

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ruling on the Pending Motions may affect a number of claims in this case and, consequently,

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drastically affect the schedule;

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WHEREAS, Plaintiff LIVE EYEWEAR, INC. and Defendants IDEAVILLAGE

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PRODUCTS CORP. and ANAND KHUBANI continue to engage in amicable settlement

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discussions in a joint effort to finalize terms of a settlement agreement that would result in the

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dismissal of this litigation. The parties believe that it would promote the interests of efficiency and

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judicial economy if the currently scheduled dates were continued to allow the parties an opportunity

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to finalize settlement without further litigation;
WHEREAS, Plaintiff LIVE EYEWEAR, INC. has not before asked the Court to continue the

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deadlines in the Court’s February 15, 2011 Case Management Order (ECF 222). Defendants

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IDEAVILLAGE PRODUCTS CORP. and ANAND KHUBANI have only requested that the Court

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continue deadlines in the Court’s February 15, 2011 Case Management Order (ECF 222) with

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respect to deadlines that applied to Dioptics Medical Products Inc. (ECF 225). Defendants

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IDEAVILLAGE PRODUCTS CORP. and ANAND KHUBANI have settled with Dioptics Medical

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Products, Inc. and its claims were dismissed on April 11, 2011 (ECF 243).

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IT IS HEREBY STIPULATED AND AGREED by and between the attorneys for Plaintiff

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LIVE EYEWEAR, INC. and Defendants IDEAVILLAGE PRODUCTS CORP. and ANAND

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KHUBANI that the schedule contained in the Court’s February 15, 2011 Case Management Order

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(ECF 222) should be continued until after the Court rules on the Pending Motions.

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IT IS HEREBY FURTHER STIPULATED AND AGREED by and between the attorneys for

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Plaintiff LIVE EYEWEAR, INC. and Defendants IDEAVILLAGE PRODUCTS CORP. and

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ANAND KHUBANI that the parties will submit a joint proposed case management schedule to the

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Court seven (7) days after the Court rules on the Pending Motions.

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Leave to Re-Depose Anand Khubani (ECF 244); and (4) Plaintiff Live Eyewear’s Unopposed Motion for Issuance of
Letter of Request to Depose a Foreign Third-Party (ECF 260).

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JOINT STIPULATION TO CONTINUE THE COURT’S
FEBRUARY 15, 2011 CASE MANAGEMENT ORDER; CASE NO. 08-03538

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Respectfully submitted,

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Dated: June 16, 2011
By: /s/ Jay L. Raftery, Jr.
Jay L. Raftery, Jr.
Attorney for Plaintiff
Live Eyewear, Inc.

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Dated: June 16, 2011

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By: /s/ Tamany Vinson Bentz
Roger A. Colaizzi
Tamany Vinson Bentz
Attorneys for Defendants
Ideavillage Products, Corp. and Anand
Khubani

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Venable LLP

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The trial
date, however, shall remain unchanged. See Civ. L.R. 40-1 ("No
continuance of a scheduled trial date will be granted except by

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Dated: June 17, 2011
The Hon. Paul S. Grewal
United States Magistrate Judge

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order of the Court issued in response to a motion made in accordance
with the provisions of Civil L.R. 7.").

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JOINT STIPULATION TO CONTINUE THE COURT’S
FEBRUARY 15, 2011 CASE MANAGEMENT ORDER; CASE NO. 08-03538

SIGNATURE ATTESTATION

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I am the ECF User whose identification and password are being used to file the foregoing

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Joint Stipulation to Continue the Court’s February 15, 2011 Case Management Order. In

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compliance with General Order 45.X.B., I hereby attest that the other signatories to this filing have

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concurred in this filing.

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Dated: June 16, 2011
By: /s/ Jay L. Raftery
Attorney for Plaintiff

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JOINT STIPULATION TO CONTINUE THE COURT’S
FEBRUARY 15, 2011 CASE MANAGEMENT ORDER; CASE NO. 08-03538

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CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that on this 16th day of June, 2011, a copy of the foregoing JOINT
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STIPULATION TO CONTINUE THE COURT’S FEBRUARY 15, 2011 CASE
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MANAGEMENT ORDER was served electronically via the United States District Court –
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Northern District of California's CM/ECF electronic system:
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Roger A. Colaizzi (Admitted Pro hac vice)
Venable LLP
575 7th Street, NW
Washington, DC 20004
Telephone: [phone]
Facsimile. [phone]
Email: [e-mail]
Tamany Vinson Bentz (State Bar No. 258600)
Venable, LLP
2049 Century Park East, #2100
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants Ideavillage Products
Corp. and Anand Khubani

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By: /s/ Jay L. Raftery
Attorney for Plaintiff

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JOINT STIPULATION TO CONTINUE THE COURT’S
FEBRUARY 15, 2011 CASE MANAGEMENT ORDER; CASE NO. 08-03538