Aerielle Technologies Inc v. Belkin International Inc et al

Filing 179

ORDER re 177 Stipulation filed by Aerielle Technologies Inc. Signed by Judge Lucy H. Koh on 12/22/2011. (lhklc2, COURT STAFF) (Filed on 12/22/2011)

1
2
3
4
5
6
7
8
9
10

MARK FOWLER (Bar No. 124235)
[e-mail]
BRENT YAMASHITA (Bar No. 206890)
[e-mail]
CHRISTINE CORBETT (Bar No. 209128)
[e-mail]
CARRIE WILLIAMSON (Bar No. 230873)
[e-mail]
CHANG KIM (Bar No. 273393)
[e-mail]
DLA PIPER LLP (US)
2000 University Avenue
East Palo Alto, CA 94303-2215
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs

11

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14
16

SAN JOSE DIVISION
AERIELLE TECHNOLOGIES, INC.; AERIELLE
IP HOLDINGS, LLC,

17
18
19
20
21

24
25
26
27
DICKSTEIN
SHAPIRO LLP

28

CASE NO. C 10-01301 LHK (HRL)
FURTHER STIPULATION AND
[PROPOSED] ORDER EXTENDING
CERTAIN DATES SET AT CASE
MANAGEMENT CONFERENCE

Plaintiff,
v.
BELKIN INTERNATIONAL, INC.; BEST BUY
CO., INC.; BESTBUY.COM, LLC; BEST BUY
STORES, L.P.; and RADIOSHACK
CORPORATION,
Defendants.

22
23

JEFFREY A. MILLER (State Bar No. 160602)
[e-mail]
DICKSTEIN SHAPIRO LLP
700 Hansen Way
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants

12

15

ROBERT W. DICKERSON (State Bar No. 89367)
[e-mail]
YASSER EL-GAMAL (State Bar. No. 189047)
[e-mail]
DAVID A. RANDALL (State Bar. No. 156722)
[e-mail]
DICKSTEIN SHAPIRO LLP
2049 Century Park East, Suite 700
Los Angeles, California 90067-3109
Telephone: [phone]
Facsimile: [phone]

WHEREAS, all of the parties with the exception of newly added Aerielle IP Holdings,
LLC attended a Further Case Management Conference on November 22, 2011;
WHEREAS, at the Further Case Management Conference, the Court ordered Plaintiff
Aerielle Technologies, Inc. (“Aerielle Tech”) to file a declaration on November 29, 2011
confirming that certain documents requested by Defendants’ counsel during the Further Case
-1-

STIPULATION AND [PROPOSED] EXTENDING CERTAIN DATES SET AT CASE MANAGEMENT CONFERENCE

WEST\225463982.1

1

Management Conference were produced and, if such documents were not previously produced, to

2

produce such documents by December 6, 2011;

3

WHEREAS, at the parties’ request, the Court extended the November 29, 2011 and

4

December 6, 2011 dates by two weeks to allow the parties to finalize the terms of their tentative

5

settlement, and since then the parties have been diligently doing so;

6

WHEREAS, at the parties’ request, the Court further extended the December 13, 2011 and

7

December 20, 2011 dates by one week (to December 20, 2011 and December 27, 2011,

8

respectively) to allow the parties to finalize a settlement;

9
10

WHEREAS, all parties have now finalized and approved their respective settlement
agreements and the agreements are in the process of being signed;

11
12

WHEREAS, the global settlement is not effective until all settlement agreements as to all
parties have been fully executed;

13
14

WHEREAS, Plaintiffs Aerielle Tech and Aerielle IP Holdings, LLC have signed all three
settlement agreements with the Defendants;

15

WHEREAS, Defendants Radio Shack Corporation and Belkin International Inc. (“Belkin”)

16

have signed their respective settlement agreements with Aerielle, thus completing the RadioShack

17

and Belkin settlement agreements;

18

WHEREAS, counsel for Best Buy Co., Inc., Best Buy.Com LLC, and Best Buy Stores,

19

L.P. expects to receive the three Best Buy signatures on the Best Buy settlement agreement by no

20

later than Friday, December 23, 2011;

21

WHEREAS, while counsel for the parties expect to file a dismissal with prejudice of the

22

entire action shortly after Friday December 23, 2011, because of the holidays and other possible

23

delays that are beyond the control of counsel, counsel is requesting that the due date for the

24

dismissals be set at twenty-one (21) days from today so as to avoid having to burden the Court

25

with additional requests; as no further requests for continuance are anticipated or desired by the

26

parties.

27
DICKSTEIN
SHAPIRO LLP

WHEREAS, counsel will file the motion to dismiss this case at the earliest possible date.

28
-2-

STIPULATION AND [PROPOSED] EXTENDING CERTAIN DATES SET AT CASE MANAGEMENT CONFERENCE

WEST\225463982.1

Case5:10-cv-01301-LHK Document177

1

Filed12/19/11 Page3 of 3

NOW THEREFORE, having shown good cause, the parties respectfully request the Court

2

to extend the December 20, 2011 and December 27, 2011 dates by three weeks to allow the parties

3

to finalize execution of all settlement agreements and file the Dismissal.

4
5
6

IT IS SO STIPULATED.
DATED: December 19, 2011

7

By: /s/ Robert W. Dickerson
Robert W. Dickerson
Attorneys for Defendants

8
9
10
11

DICKSTEIN SHAPIRO LLP

DATED: December 19, 2011

12

DLA PIPER LLP (US)
By: /s/ Christine Corbett
Christine Corbett
Attorneys for Plaintiffs

13
14
15
16
17
18
19

PURSUANT TO STIPULATION, IT IS SO ORDERED.

20
21

December 22
DATED: __________________, 2011

22
23

LUCY H. KOH
United States District Court Judge

24
25
26
27
DICKSTEIN
SHAPIRO LLP

28
-3-

STIPULATION AND [PROPOSED] EXTENDING CERTAIN DATES SET AT CASE MANAGEMENT CONFERENCE

WEST\225463982.1