West v. Quality Gold, Inc.

Filing 91

STIPULATION AND ORDER to Reschedule the Case Management Conferences and Hearings on Pending Motions re (88 in 5:10-cv-03124-EJD), (27 in 5:11-cv-02531-EJD) Stipulation. Set/Reset Deadlines as to (73 in 5:10-cv-03124-EJD) MOTION to Dismiss, (11 in 5:1 1-cv-02531-EJD) MOTION to Dismiss , Stay, or Transfer. Motion Hearing set for 3/23/2012 09:00 AM before Hon. Edward J. Davila. Joint Case Management Statement due by 3/16/2012. Case Management Conference set for 3/23/2012 10:00 AM. Signed by Judge Edward J. Davila on 12/15/2011. (ecg, COURT STAFF) (Filed on 12/15/2011)

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Ian K. Boyd (SBN 191434)
Matthew A. Stratton (SBN 254080)
HARVEY SISKIND LLP
Four Embarcadero Center, 39th Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Clement H. Luken, Jr. (admitted pro hac vice)
John Paul Davis (admitted pro hac vice)
WOOD, HERRON & EVANS, L.L.P.
2700 Carew Tower, 441 Vine Street
Cincinnati, Ohio 45202-2917
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant
and Counterclaimant
QUALITY GOLD, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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Plaintiff,

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Case Nos. 5:10-cv-03124-EJD

TRENT WEST,

5:11-cv-02531-EJD

v.
QUALITY GOLD, INC.,
Defendant.

STIPULATION AND [PROPOSED]
ORDER TO RESCHEDULE THE CASE
MANAGEMENT CONFERENCES AND
HEARINGS ON PENDING MOTIONS

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AND RELATED CLAIMS

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STIPULATION AND [PROPOSED] ORDER TO
RESCHEDULE THE CMC AND PENDING MOTIONS

Case Nos. 5:10-cv-03124-EJD
5:11-cv-02531-EJD

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All parties in the above captioned cases, by and through their respective counsel, hereby
stipulate and request that the Court amend the schedule as follows:

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1. The Case Management Conferences in both cases are currently scheduled for March

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9, 2012, as are the hearings on the pending Motion to Dismiss filed by Third-Party

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Defendant Glenn A. Miller in Case No. 5:10-cv-03124-EJD (the “Miller Motion”)

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(Docket #73 in that action), and the pending Motion for Summary Judgment filed by

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Third-Party Defendant Jewelry Innovation, Inc. (the “JI Motion”) (Docket #83 in that

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action). Further, in light of the reassignment of these cases from Hon. Jeremy Fogel,

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Quality Gold, Inc. (“Quality Gold”) must re-notice its pending Motion to Dismiss in

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Case No. 5:11-cv-02531-EJD (the “Quality Gold Motion”) (Docket #11 in that

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action).

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2. Lead trial counsel for Quality Gold has a matter set for trial in another jurisdiction on

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March 9, 2012.

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To address the scheduling conflict and to promote judicial economy by consolidation of

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all applicable conference and hearing dates, the parties stipulate and request that the Court

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reschedule the Case Management Conferences, the hearing on the Miller Motion, the hearing on

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the JI Motion, and the hearing on the Quality Gold Motion, to March 23, 2012. The parties

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further stipulate that this request is made in good faith and not for any purposes of delay.

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Counsel for Quality Gold has confirmed with the Court the availability of March 23, 2012

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regarding this request.

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This stipulation will not affect the overall schedule of the cases. In Case No. 5:10-cv-

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03124-EJD, Quality Gold and plaintiff Trent West previously stipulated to extend the time for

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Defendant and Counterclaimant Quality Gold, Inc. to respond to the Complaint, and later

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stipulated to reschedule elements of the claim construction process.

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///

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-1STIPULATION AND [PROPOSED] ORDER TO
RESCHEDULE THE CMC AND MOTION HEARINGS DATES

Case Nos. 5:10-cv-03124-EJD
5:11-cv-02531-EJD

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Date: December 14, 2011

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Respectfully submitted,
HARVEY SISKIND LLP
IAN K. BOYD
MATTHEW A. STRATTON

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WOOD, HERRON & EVANS, L.L.P.
CLEMENT H. LUKEN, JR.
JOHN PAUL DAVIS

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By:

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/s/
Ian K. Boyd

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Attorneys for Defendant and Counterclaimant
QUALITY GOLD, INC.

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KING & KELLEHER, LLP
EDWARD VINCENT KING, JR.

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By:

/s/
Edward Vincent King, Jr.

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Attorneys for Plaintiff and Counterdefendant
TRENT WEST

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MCPHARLIN SPRINKLES & THOMAS LLP
ROBERT E. CAMORS, JR.

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By:

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/s/
Robert E. Camors, Jr.

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Attorneys for Third-Party Defendants
GLENN A. MILLER and GMA, INC.

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INVICTUS LAW PC
BLAIR R JACKSON

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By:

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/s/
Blair R. Jackson

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Attorneys for Third-Party Defendant
JEWELRY INNOVATIONS, INC.

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I, Ian K. Boyd, am the ECF User whose identification and password are being used to file
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this document. Pursuant to General Order 45.X.B, I hereby attest that all counsel listed above
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have concurred in this filing.
-2STIPULATION AND [PROPOSED] ORDER TO
RESCHEDULE THE CMC AND MOTION HEARINGS DATES

Case Nos. 5:10-cv-03124-EJD
5:11-cv-02531-EJD

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/s/

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Ian K. Boyd

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Date: December ___, 2012

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The Honorable Edward J. Davila
United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO
RESCHEDULE THE CMC AND MOTION HEARINGS DATES

Case Nos. 5:10-cv-03124-EJD
5:11-cv-02531-EJD