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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A limited liability partnership formed in the State of Delaware

Scott D. Baker (SBN 84923) Email: [e-mail] James A. Daire (SBN 239637) Email: [e-mail] REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, CA 94105-3659 Telephone: [phone] Facsimile: [phone] Maria N. Bernier (pro hac vice) Email: [e-mail] Barry J. Coyne (pro hac vice) Email: [e-mail] REED SMITH LLP Reed Smith Centre 225 Fifth Avenue Pittsburgh, PA 15222-2716 Telephone: [phone] Facsimile: [phone] 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: [e-mail] Scott J. Allen, Esq. (Bar No. 178925) Email: [e-mail] Post Office Box 3140 19 Upper Ragsdale Drive Monterey, CA 93942-3140 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff/Counter-Defendant LIFT-U, A DIVISION OF HOGAN MFG., INC.

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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

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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

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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

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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.

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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