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)

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1 2 3 4 5 6 7 8 9 10 MARK FOWLER (Bar No. 124235) BRENT YAMASHITA (Bar No. 206890) CHRISTINE CORBETT (Bar No. 209128) CARRIE WILLIAMSON (Bar No. 230873) CHANG KIM (Bar No. 273393) DLA PIPER LLP (US) 2000 University Avenue East Palo Alto, CA 94303-2215 Tel: 650.833.2000 Fax: 650.833.2001 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) DICKSTEIN SHAPIRO LLP 700 Hansen Way Palo Alto, CA 94304 Telephone: (650) 632-4308 Facsimile: (650) 632-4333 Attorneys for Defendants 12 15 ROBERT W. DICKERSON (State Bar No. 89367) YASSER EL-GAMAL (State Bar. No. 189047) DAVID A. RANDALL (State Bar. No. 156722) 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 -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

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