Beijing Tong Ren Tang (USA), Corp. v. TRT USA Corporation et al

Filing 67

STIPULATION AND ORDER 64 Extending Time for Beijing Tong Ren Tang (USA) Corp. to Respond to TRT USA Corporation's and Guangming Sun's Counter-Complaint. Signed by Judge Ronald M. Whyte on 8/11/09. (jg, COURT STAFF) (Filed on 8/11/2009)

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JENNIFER LEE TAYLOR (CA SBN 161368) [e-mail] MIMI YANG (CA SBN 229514) [e-mail] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: 415.268.7522 Attorneys for Plaintiff/Counter-Defendant BEIJING TONG REN TANG (USA) CORP. J. JAMES LI (CA SBN 202855) GREENBERG TRAURIG, LLP 1900 University Avenue, 5th Floor East Palo Alto, California 94303 Telephone: [phone] Facsimile: 650.328.8508

*E-FILED - 8/11/09*

Attorney for Defendants/Counter-Plaintiffs TRT USA CORPORATION, GUANGMING SUN, MEI XU, AND PENGTAO ZHANG UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION BEIJING TONG REN TANG (USA) CORP., a California corporation, Plaintiff, v. TRT USA CORPORATION, et al., Defendants. AND RELATED COUNTER-CLAIMS. Complaint Filed: Trial Date: February 27, 2009 July 26, 2010 Case No. 3:09-CV-00882-RMW

STIPULATION AND [] ORDER FURTHER EXTENDING TIME FOR BEIJING TONG REN TANG (USA) CORP. TO RESPOND TO TRT USA CORPORATION'S AND GUANGMING SUN'S COUNTERCOMPLAINT Judge: Hon. Ronald M. Whyte

STIPULATION AND [] ORDER FURTHER EXTENDING TIME TO RESPOND TO COUNTER-COMPLAINT CASE NO. 3:09-CV-00882-RMW sf-2723704

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Pursuant to Northern District Local Rules 6-1, 6-2, and 7-12, the parties, by and through their respective attorneys of record, have stipulated and agreed as follows: WHEREAS, the parties previously stipulated to an extension of time for Defendants to respond to Plaintiff's Complaint by July 10, 2009; WHEREAS, Defendants answered Plaintiff's Complaint and Counter-Claimants TRT USA Corporation and Guangming Sun filed a Counter-Complaint on July 10, 2009; WHEREAS, the parties previously stipulated to extend the time by which Counter Defendant Beijing Tong Ren Tang (USA) Corp. must respond to the Counter Complaint to August 14, 2009, in order to facilitate settlement at the mediation stage; WHEREAS, the parties did not settle this case at the July 31, 2009 mediation, which was held in front of retired federal judge Charles Legge (now of JAMS), but are in discussions with each other and Judge Legge about a second mediation session in the fall; and WHEREAS, Judge Legge issued an order on August 6, 2009, in which he stated that "substantial progress has been made" in resolving the dispute and that "[t]he mediation process is ongoing and has not reached an impasse." It is hereby STIPULATED that, in the event that the parties reach an impasse in the mediation process, Counter-Defendant Beijing Tong Ren Tang (USA) Corp.'s response to the Counter-Complaint shall be due two weeks from the date on which Judge Legge declares that the parties have reached such an impasse.

STIPULATION AND [] ORDER FURTHER EXTENDING TIME TO RESPOND TO COUNTERCOMPLAINT CASE NO. 3:09-CV-00882-RMW sf-2723704

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STIPULATION AND [] ORDER FURTHER EXTENDING TIME TO RESPOND TO COUNTERCOMPLAINT CASE NO. 3:09-CV-00882-RMW sf-2723704

Dated: August 7, 2009

MORRISON & FOERSTER LLP Jennifer Lee Taylor Mimi Yang By: /s/ Jennifer Lee Taylor Jennifer Lee Taylor

Attorneys for Plaintiff and Counter-Defendant BEIJING TONG REN TANG (USA) CORP. GREENBERG TRAURIG LLP J. James Li

Dated: August 7, 2009

/s/ J. James Li J. James Li

Attorney for Defendants and Counter-Claimants TRT USA CORPORATION, GUANGMING SUN, MEI XU, AND PENGTAO ZHANG

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

11 Dated: August ____, 2009
Hon. Ronald M. Whyte United States District Judge

STIPULATION AND [ ORDER FURTHER EXTENDING TIME TO RESPOND TO COUNTERCOMPLAINT CASE NO. 3:09-CV-00882-RMW sf-2723704

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GENERAL ORDER 45 ATTESTATION I, Jennifer Taylor, am the ECF User whose ID and password are being used to file this Stipulation and [PROPOSED] Order Further Extending Time For Beijing Tong Ren Tang (USA) Corp. To Respond To TRT USA Corporation's and Guangming Sun's Counter Complaint. In compliance with General Order 45, section X.B., I hereby attest that I have on file the concurrences for any signatures indicated by a "conformed" signature (/s/) within this efiled document. Dated: August 7, 2009 By: /s/ Jennifer Lee Taylor

Jennifer Lee Taylor

STIPULATION AND ORDER FURTHER EXTENDING TIME TO RESPOND TO COUNTERCOMPLAINT CASE NO. 3:09-CV-00882-RMW sf-2723704

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