Hiraide v. Vast Systems Technology Corporation et al

Filing 53

STIPULATION AND ORDER 52 Extending Deadline to Hold ADR Session. Signed by Judge Ronald M. Whyte on 7/16/09. (jg, COURT STAFF) (Filed on 7/16/2009)

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DEREK G. HOWARD (#118082) GILMUR R. MURRAY (#111856) MURRAY & HOWARD, LLP 900 Larkspur Landing Circle, Suite 103 Larkspur, California 94939 T: [phone] F: [phone] [e-mail] Attorneys for Plaintiff RYUICHI HIRAIDE

*E-FILED - 7/16/09*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

RYUICHI HIRAIDE Plaintiff, v. VAST SYSTEMS TECHNOLOGY CORPORATION, ALAIN LABAT and KYLE PARK, MDV VII, L.P. as nominee for: MDV VII, L.P., MDV VII Leaders Fund, L.P., MDV Entrepreneurs Network Fund VII (A) LP. And MDV Entrepreneurs, Network Fund VII (B) L.P., MDV Partners L.L. and Seventh MDV Partners L.L.C. Defendant.

Case No. C08-04714 RMW (PVT) STIPULATION AND [] ORDER EXTENDING DEADLINE TO HOLD ADR SESSION

STIP. AND [] ORDER EXTENDING DEADLINE TO HOLD ADR SESSION CASE NO. C08-04714

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WHEREAS, on April 16, 2009, Plaintiff filed his ADR Certification by Parties and Counsel (Docket No. 40) pursuant to ADR L.R. 3-5 b; and WHEREAS, on April 17, 2009, Defendants filed their ADR Certification by Parties and Counsel (Docket No. 41) pursuant to ADR L.R. 3-5 b; and WHEREAS, on April 16, 2009, the parties filed a Stipulation and Proposed Order Selecting Private ADR Process (Docket No. 39); and WHEREAS, on April 20, 2009, the Court entered a Stipulation and Order Selecting Private ADR Process (Docket No. 43); and WHEREAS, the Court's April 20, 2009 Order Selecting Private ADR Process set the deadline to hold the ADR session on July 20, 2009. WHEREAS, despite the best efforts of the parties to select a mutually agreed upon mediator and to arrange a mutually convenient time for private mediation, the earliest possible date to hold the ADR session was July 28, 2009; and WHEREAS, after agreeing on July 28, 2009 as a suitable date, additional scheduling difficulties have since arisen and Plaintiff's Counsel has asked for the mediation to commence in early- to mid-August 2009 THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and between the parties through their counsel of record: The deadline to hold the ADR session shall be extended to August 15, 2009. IT IS SO STIPULATED. Dated: July 2, 2009 MURRAY & HOWARD, LLP By: /s/ Derek G. Howard DEREK G. HOWARD

Attorney for Plaintiff RYUICHI HIRAIDE

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STIP. AND [] ORDER EXTENDING DEADLINE TO HOLD ADR SESSION CASE NO. C08-04714

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Dated: July 2, 2009

O'MELVENY MYERS LLP By: /s/ Dhaivat H. Shah DHAIVAT H. SHAH

Attorney for Defendants VAST SYSTEMS TECHNOLOGY CORPORATION, ALAIN LABAT, KYLE PARK, MDV VII, L.P., and SEVENTH MDV PARTNERS L.L.C. ORDER Pursuant to Stipulation, and Good Cause having been shown, IT IS SO ORDERED.

Dated:

7/16 ______________, 2009

HON. RONALD M. WHYTE UNITED STATES DISTRICT JUDGE

I, Derek G. Howard, am the ECF User whose ID and password are being used to file this Stipulation and Proposed Order Setting Briefing Schedule. In compliance with General Order 45, X.B., I hereby attest that Dhaivat H. Shah has concurred in this filing.

By:

/s/ Derek G. Howard DEREK G. HOWARD

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STIP. AND [] ORDER EXTENDING DEADLINE TO HOLD ADR SESSION CASE NO. C08-04714

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CERTIFICATE OF SERVICE Re: Hiraide v. VaST Systems Technology Corporation et al. Case No. 08-04714 RMW I certify and declare under penalty of perjury that I: am a citizen of the United States and employed in the County of Alameda, State of California, am over eighteen (18) years of age and my business address is Murray & Howard, LLP, 900 Larkspur Landing Circle, Suite 103, Larskpur, California 94939, whose members are members of the State Bar of California. I am not a party to or interested in the cause entitled upon the document to which this Certificate of Service is affixed; and that I served a true and correct copy of the following document(s) in the manner indicated below: STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO HOLD ADR SESSION By USDC ECF: by USDC Live System-Document Filing System on all interested parties registered for e-filing.

I declare under the penalty of perjury that the foregoing is true and correct. Executed on July 2, 2009 at Larkspur, California.

By:

/s/ Amanda L. Arnall AMANDA L. ARNALL

CERTIFICATE OF SERVICE CASE NO. C08-04714