Lift-U, a Division of Hogan MFG., Inc. v. Ricon Corp. et al

Filing 30

STIPULATION AND ORDER re 29 Stipulation and Proposed Order selecting Mediation filed by Ricon Corp., Westinghouse Air Brake Technologies Corporation. Signed by Judge Koh on 8/11/2010. (lhklc1, COURT STAFF) (Filed on 8/11/2010)

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1 2 3 4 5 6 7 8 9 10 A limited liability partnership formed in the State of Delaware Scott D. Baker (SBN 84923) Email: sbaker@reedsmith.com James A. Daire (SBN 239637) Email: jdaire@reedsmith.com REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, CA 94105-3659 Telephone: +1 415 543 8700 Facsimile: +1 415 391 8269 Maria N. Bernier (pro hac vice) Email: mbernier@reedsmith.com Barry J. Coyne (pro hac vice) Email: bcoyne@reedsmith.com REED SMITH LLP Reed Smith Centre 225 Fifth Avenue Pittsburgh, PA 15222-2716 Telephone: (412) 288-3131 Facsimile: (412) 288-3063 Attorneys for Defendants RICON CORP. and WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION dba VAPOR BUS INTERNATIONAL LARIVIERE, GRUBMAN & PAYNE, LLP Robert W. Payne, Esq. (Bar No. 073901) Email: rpayne@lgpatlaw.com Scott J. Allen, Esq. (Bar No. 178925) Email: sallen@lgpatlaw.com Post Office Box 3140 19 Upper Ragsdale Drive Monterey, CA 93942-3140 Telephone: (831) 649-8800 Facsimile: (831) 649-8835 Attorneys for Plaintiff/Counter-Defendant LIFT-U, A DIVISION OF HOGAN MFG., INC. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. C 10-01850-LHK (HRL) STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS REED SMITH LLP UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION LIFT-U, A DIVISION OF HOGAN MFG., INC., a California corporation, Plaintiff, vs. RICON CORP., a California corporation, and WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION dba VAPOR BUS INTERNATIONAL, a Delaware Corporation, Defendants. No.: C 10-01850-LHK (HRL) STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS 1 2 3 4 5 6 7 8 9 10 A limited liability partnership formed in the State of Delaware Counsel report that they have met and conferred regarding ADR and have reached the following stipulation pursuant to Civil L.R. 16-8 and ADR L.R. 3-5: The parties agree to participate in the following ADR process: Court Processes: Non-binding Arbitration (ADR L.R. 4) Early Neutral Evaluation (ENE) (ADR L.R. 5) X Mediation (ADR L.R. 6): Concurrent with this filing, the parties are submitting a list of five mutually-agreeable mediators from the Court's ADR Panel to the ADR Program. (Note: Parties who believe that an early settlement conference with a Magistrate Judge is appreciably more likely to meet their needs than any other form of ADR, must participate in an ADR phone conference and may not file this form. They must instead file a Notice of Need for ADR Phone Conference. See Civil Local Rule 16-8 and ADR L.R. 3-5) Private Process: Private ADR (please identify process and provider): The parties agree to hold the ADR session by: the presumptive deadline (The deadline is 90 days from the date of the order referring the case to an ADR process unless otherwise ordered.) X other requested deadline: The parties agree to hold the ADR session not later than 45 days following service of Defendants' Patent Local Rule 3-3 Invalidity Contentions. IT IS SO STIPULATED. Dated: August 6, 2010. LARIVIERE, GRUBMAN & PAYNE, LLP REED SMITH LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REED SMITH LLP By: /s/ Scott J. Allen * Scott J. Allen Attorneys for Plaintiff LIFT-U, A DIVISION OF HOGAN MFG., INC. By: /s/ James A. Daire James A. Daire Attorneys for Defendants RICON CORP. and WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION dba VAPOR BUS INTERNATIONAL . *Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, James A. Daire hereby attests that concurrence in the filing of this document has been obtained. Case No. C 10-01850-LHK (HRL) 1 STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS 1 2 3 4 5 6 7 8 9 10 A limited liability partnership formed in the State of Delaware [PROPOSED] ORDER Pursuant to the Stipulation above, the captioned matter is hereby referred to: Courtappointed mediation. Deadline for ADR session: The parties agree to hold the ADR session not later than 45 days following service of Defendants' Patent Local Rule 3-3 Invalidity Contentions. PURSUANT TO STIPULATION, IT IS SO ORDERED: DATED: August 11, 2010. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Hon. Lucy H. Koh United States District Court Judge REED SMITH LLP Case No. C 10-01850-LHK (HRL) 2 STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS

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