Bittel Technology, Inc v. Bittel USA, Inc

Filing 19

STIPULATION AND ORDER re 17 Stipulation filed by Bittel Technology, Inc. The Case Management Conference is continued until 7/20/2010 at 1:30 p.m. in Courtroom 2, 5th Floor, at the United States Courthouse, 280 South First Street, San Jose, California. Signed by Magistrate Judge Howard R. Lloyd on 6/9/2010. (hrllc1, COURT STAFF) (Filed on 6/9/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14

RANDALL S. FARRIMOND (CSB No. 95281) FARRIMOND LAW OFFICES, a Professional Corporation 44 Montgomery Street, Suite 3850 San Francisco, CA 94104 Telephone: [phone] Facsimile: 415-362-4901 [e-mail] Attorneys for Plaintiff BITTEL TECHNOLOGY, INC, & Third Party defendants DEAN COMPOGINIS and SHANDONG BITTEL ELECTRONICS COMPANY, LTD

** E-filed on June 9, 2010 ** ** E-filed on XXX **

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA BITTEL TECHNOLOGY, INC., a California corporation Plaintiff, vs. BITTEL USA INC., a California corporation Defendant AND RELATED COUNTERCLAIM AND THIRD PARTY COMPLAINT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C-10-00719 HRL

15 16 17 18 19 20 21 22 23 24

STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO FIRST AMENDED THIRD PARTY COMPLAINT AND COUNTERCLAIM AND TO CONTINUE CASE MANAGEMENT CONFERENCE

On June 1, 2010, Bittel USA Inc. and Lennart Thornros filed their First Amended Third Party Complaint in this matter. Pursuant to Civil Local Rule 6-1, the parties, through their respective counsel, hereby stipulate to extend the time for Bittel Technology, Inc., Dean Compoginis and Shandong Bittel Electronics Company, Ltd. to respond to the First Amended Third Party Complaint

25 26 27 28

and related Counter-Claim in this matter to June 30, 2010, so that the parties can evaluate the amended third party complaint and continue their efforts to meet and confer to resolve this dispute informally. STIPULATION AND ORDER Case No. C-10-00719 HRL

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

The parties further request that the Court continue the Case Management Conference presently set for June 15, 2010, to a Tuesday on or after July 20, 2010, excluding August 10 and August 17, 2010, when counsel will be unavailable. The parties have previously stipulated to and received a similar extension of time and continuance of the Case Management Conference in response to the initial Third Party Complaint and Counter-Claim filed in this action. The parties do not believe that this continuance will have an appreciable impact on the schedule for this case and that it may expedite the resolution of this case to the extent that the case, or some of the issues therein, may be resolved informally. This Stipulation and Order does not constitute a general appearance by Third Party Defendants and does not waive any jurisdictional defense they may have to the First Amended Third Party Complaint or to the Counter-Claim. Third Party Plaintiffs dispute that Third Party Defendants have any jurisdictional or other defense to the Third Party Complaint or Counter-Claim. This 3rd day of June, 2010 FARRIMOND LAW OFFICES, a Professional Corporation

/s/ RANDALL S. FARRIMOND Attorneys for Plaintiff BITTEL TECHNOLOGY, INC, & Third Party defendants DEAN COMPOGINIS and SHANDONG BITTEL ELECTRONICS COMPANY, LTD This 3rd day of June, 2010 STOEL RIVES LLP

/s/ MICHAEL B. BROWN Attorneys for Defendant, CounterClaimant and Third Party Plaintiffs BITTEL USA INC. AND LENNART THORNROS

- 2 --

STIPULATION AND ORDER Case No. C-10-00719 HRL

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ATTESTATION OF SIGNATURE: I attest under penalty of perjury under the laws of the United States of America that I have received the concurrence in the filing of this document from the listed signatory as required by General Order No. 45 (X)(B). Dated: June 3, 2010 /s/ Randall S. Farrimond RANDALL S. FARRIMOND

ORDER

GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED that: 1. The time for Bittel Technology, Inc., Dean Compoginis, and Shandong Bittel Electronics Company Ltd. to plead or otherwise respond to the Counter-Claim and the First Amended Third Party Complaint filed herein is extended to June 30, 2010. 2. The Case Management Conference currently set for June 15, 2010, is continued to July 20 _______________, 2010, at 1:30 p.m., in Courtroom 2, 5th Floor, located at 280 South 1st Street, San Jose, California.

June 9, 2010 DATED: _________________

__________________________________ UNITED STATES DISTRICT COURT HOWARD R. LLOYD United States Magistrate Judge

- 3 --

STIPULATION AND ORDER Case No. C-10-00719 HRL