Bender v. International Business Machines Corporation

Filing 68

STIPULATION AND ORDER 63 Regarding Selected ADR Process, Case Removed From Court Mediation and Case Referred to Private ADR.. Signed by Judge Ronald M. Whyte on 5/6/10. (jg, COURT STAFF) (Filed on 5/6/2010)

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Greg L. Lippetz (State Bar No. 154228) [e-mail] Cora L. Schmid (State Bar No. 237267) 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 - 5/6/10*

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 (PVT) STIPULATION AND [] ORDER REGARDING SELECTED ADR PROCESS

Plaintiff Gregory Bender ("Plaintiff") and Defendant International Business Machines Corporation ("Defendant"), through their respective counsel, hereby make the following stipulation: WHEREAS, on August 17, 2009, the parties filed a Stipulation and Proposed Order Selecting ADR Process, which selected Court Mediation Process under ADR L.R. 6. (D.I. 14). WHEREAS, on September 3, 2009, the Court granted the proposed order and referred the parties to Court Mediation Process. (D.I. 16). WHEREAS, the parties now wish to change the designated ADR process to private mediation. THE PARTIES HEREBY STIPULATE THAT: (1) This case will be removed from the Court Mediation Process.
STIPULATION AND [ ORDER REGARDING SELECTED ADR PROCESS CASE NO. C 09-01249 RMW (PVT)

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(2) The parties instead stipulate to private mediation with mediator Randall Wulff of Wulff, Quinby & Sochynsky, or, if Mr. Wulff is unavailable and both parties agree on a different mediator, with a different mediator. (3) The private mediation will be completed by 90 days following the issuance of the claim construction order in this action. Respectfully submitted, Dated: April 2, 2010 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: April 2, 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:

5/6 DATED: ______________, 2010
SVI-79175v1

By:

THE HON. RONALD M. WHYTE United States District Court Judge
STIPULATION AND [] ORDER REGARDING SELECTED ADR PROCESS CASE NO. C 09-01249 RMW (PVT)

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