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

Filing 72

STIPULATION AND ORDER re 71 Stipulation, filed by Ricon Corp., Westinghouse Air Brake Technologies Corporation. Signed by Judge Lucy H. Koh on 9/16/11. (mpb, COURT STAFF) (Filed on 9/16/2011)

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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Scott D. Baker (SBN 84923)
Email: [e-mail]
Furqan A. Nanji (SBN 250972)
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]

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
LIFT-U, A DIVISION OF HOGAN MFG., INC.,
a California corporation,
Plaintiff,

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Attorneys for Plaintiff/Counter-Defendant
LIFT-U, A DIVISION OF HOGAN MFG.,
INC.

Attorneys for Defendants
RICON CORP. and WESTINGHOUSE AIR
BRAKE TECHNOLOGIES CORPORATION
dba VAPOR BUS INTERNATIONAL

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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]

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 ALLOWING PARTIES TO BRING
EQUIPMENT INTO THE COURTHOUSE
FOR TUTORIAL AND CLAIM
CONSTRUCTION AND SUMMARY
JUDGMENT HEARING
[CIV. L.R. 7-12]
Honorable Lucy H. Koh

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Case No. C 10-01850 -LHK (HRL)
STIPULATION AND [PROPOSED] ORDER ALLOWING PARTIES TO BRING EQUIPMENT INTO THE
COURTHOUSE FOR TUTORIAL AND CLAIM CONSTRUCTION AND SUMMARY JUDGMENT HEARING

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Pursuant to Civil Local Rules 7-12, Plaintiff Lift-U, a division of Hogan Mfg., Inc.

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(“Plaintiff”) and Defendants Ricon Corp. and Westinghouse Air Brake Technologies Corporation

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(collectively, “Defendants”), through their respective counsel of record, hereby state as follows:
1.

By Order dated June 22, 2011 (Doc # 55), the Honorable Lucy H. Koh entered a

Minute Order and Case Management Order (“Case Management Order”).
2.

That Case Management Order scheduled a tutorial for the Court for September 19,

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2011 at 1:30 p.m. and a related patent claim construction and summary judgment hearing for

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September 23, 2011 at 12:00 p.m., both to be held at the courtroom of Judge Koh.

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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3.

In order to make appropriate presentations at both events, the parties anticipate

making visual presentations which will necessitate bringing into the courthouse and through the
building’s security inspection certain equipment, including but not limited to laptop computers,
projectors and screens, and related demonstrative exhibits.
Accordingly, the parties hereby stipulate to and jointly request the Court to order as
follows:

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Plaintiff and Defendants are hereby given permission to bring audio-

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visual equipment consisting of laptop computers, one flat panel

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monitor, one projector, one projection screen, and one Elmo projector,

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along with control/power devices and cables relating to the same, and

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a projector table and technician table for such equipment into the

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Federal courthouse and up to the courtroom of the Honorable Lucy H.

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Koh on September 19, 2011 and on September 23, 2011.

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*

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Plaintiff and Defendants are further given permission to bring

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demonstrative exhibits consisting of one gas strut and one spring by
Case No. C 10-01850 – LHK (HRL)
STIPULATION AND [PROPOSED] ORDER ALLOWING PARTIES TO BRING EQUIPMENT INTO THE
COURTHOUSE FOR TUTORIAL AND CLAIM CONSTRUCTION AND SUMMARY JUDGMENT HEARING

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Defendants and one gas spring, one spring, and one damper by

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Plaintiff, and demonstrative boards and an easel for same, into the

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Federal courthouse and up to the courtroom of the Honorable Lucy H.
Koh on September 19, 2011 and on September 23, 2011.

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IT IS SO STIPULATED.
Dated: September 15, 2011.

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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REED SMITH LLP

LARIVIERE, GRUBMAN & PAYNE, LLP

By: /s/ Barry J. Coyne
Barry J. Coyne
Attorneys for Defendants
RICON CORP. and WESTINGHOUSE AIR
BRAKE TECHNOLOGIES CORPORATION
dba VAPOR BUS INTERNATIONAL

By: /s/ Scott J. Allen *
Scott J. Allen
Attorneys for Plaintiff
LIFT-U, A DIVISION OF HOGAN MFG., INC.

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*Filer’s Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, Barry J.
Coyne hereby attests that concurrence in the filing of this document has been obtained.

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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DATED: __9/16/, 2011.

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Hon. Lucy H. Koh
United States District Court Judge

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Case No. C 10-01850 – LHK (HRL)
STIPULATION AND [PROPOSED] ORDER ALLOWING PARTIES TO BRING EQUIPMENT INTO THE
COURTHOUSE FOR TUTORIAL AND CLAIM CONSTRUCTION AND SUMMARY JUDGMENT HEARING

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CERTIFICATE OF SERVICE
I hereby certify that on September 15, 2011, I electronically filed the foregoing document
with the clerk of court for the U.S. District Court, Northern District of California, using the
electronic case filing system of the court. The electronic case filing system will send notification of
such filing to all counsel of record. Counsel may access such document using the Court’s system.
By /s/ Barry J. Coyne
Barry J. Coyne

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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Case No. C 10-01850 – LHK (HRL)
STIPULATION AND [PROPOSED] ORDER ALLOWING PARTIES TO BRING EQUIPMENT INTO THE
COURTHOUSE FOR TUTORIAL AND CLAIM CONSTRUCTION AND SUMMARY JUDGMENT HEARING