Aerielle Technologies Inc v. Belkin International Inc et al
Filing
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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)
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MARK FOWLER (Bar No. 124235)
mark.fowler@dlapiper.com
BRENT YAMASHITA (Bar No. 206890)
brent.yamashita@dlapiper.com
CHRISTINE CORBETT (Bar No. 209128)
christine.corbett@dlapiper.com
CARRIE WILLIAMSON (Bar No. 230873)
carrie.williamson@dlapiper.com
CHANG KIM (Bar No. 273393)
changu.kim@dlapiper.com
DLA PIPER LLP (US)
2000 University Avenue
East Palo Alto, CA 94303-2215
Tel: 650.833.2000
Fax: 650.833.2001
Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
AERIELLE TECHNOLOGIES, INC.; AERIELLE
IP HOLDINGS, LLC,
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DICKSTEIN
SHAPIRO LLP
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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.
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JEFFREY A. MILLER (State Bar No. 160602)
millerj@dicksteinshapiro.com
DICKSTEIN SHAPIRO LLP
700 Hansen Way
Palo Alto, CA 94304
Telephone: (650) 632-4308
Facsimile: (650) 632-4333
Attorneys for Defendants
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ROBERT W. DICKERSON (State Bar No. 89367)
dickersonr@dicksteinshapiro.com
YASSER EL-GAMAL (State Bar. No. 189047)
elgamaly@dicksteinshapiro.com
DAVID A. RANDALL (State Bar. No. 156722)
randalld@dicksteinshapiro.com
DICKSTEIN SHAPIRO LLP
2049 Century Park East, Suite 700
Los Angeles, California 90067-3109
Telephone: (310) 772-8300
Facsimile: (310) 772-8301
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
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STIPULATION AND [PROPOSED] EXTENDING CERTAIN DATES SET AT CASE MANAGEMENT CONFERENCE
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Management Conference were produced and, if such documents were not previously produced, to
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produce such documents by December 6, 2011;
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WHEREAS, at the parties’ request, the Court extended the November 29, 2011 and
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December 6, 2011 dates by two weeks to allow the parties to finalize the terms of their tentative
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settlement, and since then the parties have been diligently doing so;
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WHEREAS, at the parties’ request, the Court further extended the December 13, 2011 and
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December 20, 2011 dates by one week (to December 20, 2011 and December 27, 2011,
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respectively) to allow the parties to finalize a settlement;
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WHEREAS, all parties have now finalized and approved their respective settlement
agreements and the agreements are in the process of being signed;
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WHEREAS, the global settlement is not effective until all settlement agreements as to all
parties have been fully executed;
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WHEREAS, Plaintiffs Aerielle Tech and Aerielle IP Holdings, LLC have signed all three
settlement agreements with the Defendants;
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WHEREAS, Defendants Radio Shack Corporation and Belkin International Inc. (“Belkin”)
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have signed their respective settlement agreements with Aerielle, thus completing the RadioShack
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and Belkin settlement agreements;
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WHEREAS, counsel for Best Buy Co., Inc., Best Buy.Com LLC, and Best Buy Stores,
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L.P. expects to receive the three Best Buy signatures on the Best Buy settlement agreement by no
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later than Friday, December 23, 2011;
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WHEREAS, while counsel for the parties expect to file a dismissal with prejudice of the
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entire action shortly after Friday December 23, 2011, because of the holidays and other possible
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delays that are beyond the control of counsel, counsel is requesting that the due date for the
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dismissals be set at twenty-one (21) days from today so as to avoid having to burden the Court
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with additional requests; as no further requests for continuance are anticipated or desired by the
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parties.
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DICKSTEIN
SHAPIRO LLP
WHEREAS, counsel will file the motion to dismiss this case at the earliest possible date.
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Case5:10-cv-01301-LHK Document177
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Filed12/19/11 Page3 of 3
NOW THEREFORE, having shown good cause, the parties respectfully request the Court
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to extend the December 20, 2011 and December 27, 2011 dates by three weeks to allow the parties
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to finalize execution of all settlement agreements and file the Dismissal.
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IT IS SO STIPULATED.
DATED: December 19, 2011
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By: /s/ Robert W. Dickerson
Robert W. Dickerson
Attorneys for Defendants
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DICKSTEIN SHAPIRO LLP
DATED: December 19, 2011
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DLA PIPER LLP (US)
By: /s/ Christine Corbett
Christine Corbett
Attorneys for Plaintiffs
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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December 22
DATED: __________________, 2011
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LUCY H. KOH
United States District Court Judge
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DICKSTEIN
SHAPIRO LLP
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STIPULATION AND [PROPOSED] EXTENDING CERTAIN DATES SET AT CASE MANAGEMENT CONFERENCE
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