Bender v. International Business Machines Corporation

Filing 43

STIPULATION AND ORDER 40 to Continue Case Management Conference: Case Management Conference set for 2/26/2010 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 1/14/10. (jg, COURT STAFF) (Filed on 1/14/2010)

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Greg L. Lippetz (State Bar No. 154228) [e-mail] Cora L. Schmid (State Bar No. 237267) [e-mail] JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: 650-739-3900 Attorneys for Defendant International Business Machines Corporation

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 - 1/14/10*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Gregory Bender, Plaintiff, v. International Business Machines Corporation, Defendant. Pursuant to Civil L.R. 6-2, Defendant International Business Machines Corporation ("Defendant") and Plaintiff Gregory Bender ("Plaintiff") through their respective counsel, hereby jointly request that the Court change the time for the parties' Further Case Management Conference, currently scheduled on January 15, 2010, at 10:30 a.m., to February 26, 2010, at 10:30 a.m., or anytime thereafter. WHEREAS, pursuant to the October 30, 209, Order After Hearing in this action (D.I. 35), a Further Case Management Conference in this action is scheduled for January 15, 2010, to work out a schedule for the case. WHEREAS, the parties are currently attempting to resolve a dispute related to Plaintiff's amended infringement contentions, and this Court has ordered that Defendant file its discovery Case No. C09-01249-RMW STIPULATION AND [] ORDER RESCHEDULING FURTHER CASE MANAGEMENT CONFERENCE

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STIPULATION AND [] ORDER RESCHEDULING FURTHER CMC CASE NO. 09-cv-01249-RMW

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motion challenging Plaintiff's amended infringement contentions by January 13, 2010. (See D.I. 39.) WHEREAS, the outcome of the parties' discovery dispute will impact the schedule for this case, which is to be discussed at the Further Case Management Conference. WHEREAS, the parties believe that, in the interests of efficiency and of avoiding potentially unnecessary expenses, the Further Case Management Conference that is currently scheduled for January 15, 2010, should be continued until February 26, 2010. WHEREAS, the following time modifications have previously occurred in this case: · On October 29, 2009, the Court temporarily relieved Defendant of its obligations to produce technical information under the Federal Rules and its obligations to serve its Patent L.R. 3-3 and 3-4 disclosures. (D.I. 30.) The Court affirmatively left this stay in place on November 13, 2009. (D.I. 37.) · On December 28, 2009, the Court extended the deadline for Defendant to file its discovery motion pursuant to the Court's Order of November 13, 2009, (D.I. 37) from December 28, 20009, until January 13, 2010. (D.I. 39.) WHEREAS, the requested time modification would have no effect on the schedule for the case as no schedule has yet been entered in this case.

THE PARTIES HEREBY STIPULATE THAT: 1. The Further Case Management Conference that is currently scheduled for January 15, 2010, at 10:30 a.m., is continued to February 26, 2010, at 10:30 a.m.

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STIPULATION AND [ ORDER RESCHEDULING FURTHER CMC CASE NO. 09-cv-01249-RMW

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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. Dated: January 8, 2010 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. RONALD M. WHYTE United States District Court Judge

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STIPULATION AND ORDER RESCHEDULING FURTHER CMC CASE NO. 09-cv-01249-RMW