Bender v. International Business Machines Corporation

Filing 39

ORDER re 38 ; Stipulation and Order Extending Deadline for IBM to File its Discovery Motion Related to Bender's Amended Infringement Contentions. Signed by Judge Seeborg on 12/28/2009. (rslc1, COURT STAFF) (Filed on 12/28/2009)

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Gregory L. Lippetz (State Bar No. 154228) [e-mail] JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: 650-739-3900 Attorneys for Defendant INTERNATIONAL BUSINESS MACHINES CORP.

David N. Kuhn - State Bar No. 73389 Attorney-at-Law 144 Hagar Avenue Piedmont, CA 94611 Telephone: [phone] E-mail: [e-mail] Attorney for Plaintiff Gregory Bender **E-FILED 12/28/2009**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Gregory Bender, Plaintiff, v. International Business Machines Corporation, Defendant.

Case No. C 09-01249 RMW(RS) STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR IBM TO FILE ITS DISCOVERY MOTION RELATED TO BENDER'S AMENDED INFRINGEMENT CONTENTIONS

Plaintiff Gregory Bender ("Plaintiff") and Defendant International Business Machines Corporation ("Defendant"), through their respective counsel, hereby make the following stipulation with regards to Defendant's discovery motion related to Plaintiff's amended infringement contentions. Due to the parties' and counsels' limited availability due to the upcoming holidays, the parties have agreed, and hereby request that the deadline for Defendant to file its discovery motion pursuant to the Court's Order of November 13, 2009 (D.I. 37) be extended until Wednesday, January 13, 2010. The parties further stipulate that the Court's order granting Defendant temporary relief from its discovery obligations shall remain in place until the dispute is resolved.
STIPULATION EXTENDING FILING DEADLINE FOR DEFENDANT'S DISCOVERY MOTION CASE NO. C 09-01249 RMW(RS)

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Respectfully submitted, Jones Day

By:

/s/ Gregory Lippetz Greg L. Lippetz State Bar No. 154228 JONES DAY Silicon Valley Office 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: 650-739-3900

Counsel for Defendant International Business Machines Corporation

In accordance with General Order No. 45, Section X(B), the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below. By: /s/ David Kuhn David N. Kuhn Attorney-at-Law 144 Hagar Avenue Piedmont, California 94611 Telephone: [phone]

Counsel for Plaintiff Gregory Bender

PURSUANT TO STIPULATION, IT IS SO ORDERED:

By:

THE HON. RICHARD SEEBORG United States Magistrate Judge

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STIPULATION EXTENDING FILING DEADLINE FOR DEFENDANT'S DISCOVERY MOTION CASE NO. C 09-01249 RMW(RS)