Camsoft Data Systems Inc v. Southern Electronics Supply Inc et al

Filing 66

ORDER DENYING WITHOUT PREJUDICE 65 Joint Stipulation to Participate in Settlement Conference Before Magistrate Judge. Signed by Judge Edward J. Davila on 12/20/2011. (ejdlc1, COURT STAFF) (Filed on 12/20/2011)

S

NO

4

RT

5

J

6
7

. D av i l a

A

H

ER

w a rd J
u d ge E d

R NIA

3

UT
WITHO
D
DENIE UDICE
PREJ

FO

2

LI

UNIT
ED

[ATTORNEYS IDENTIFIED ON SIGNATURE PAGE]

RT
U
O

1

ISTRIC
ES D
TC
T
TA

N

F
D IS T IC T O
R

C

8
9
10

MOUNTAIN VIEW

ATTORNEYS AT LAW

UNITED STATES DISTRICT COURT

12
F ENWICK & W EST LLP

11

NORTHERN DISTRICT OF CALIFORNIA

13

SAN JOSE DIVISION

14
15

CAMSOFT DATA SYSTEMS, INC.,
Plaintiff,

16
17
18
19

v.
TROPOS NETWORKS INC., RON SEGE,
ALLEN CARR, and DAVE HANNA,

Case No.: 5:10-cv-03725 EJD (PSG)

JOINT STIPULATION TO
PARTICIPATE IN SETTLEMENT
CONFERENCE BEFORE MAGISTRATE
JUDGE
[CIV. L.R. 7-12; ADR L.R 7-2]

Defendants.

20
21
22
23
24
25
26
27
28
JOINT STIP. TO PARTICIPATE IN SETTLEMENT
CONFERENCE BEFORE MAGISTRATE JUDGE

CASE NO.: 5:10-cv-03725 EJD (PSG)

1

WHEREAS, on October 4, 2011, the Court ordered plaintiff CamSoft Data Systems, Inc.

2

(“CamSoft”) and defendants Tropos Networks, Inc., Ron Sege and Dave Hanna (collectively,

3

“Defendants”) to participate in a second mediation through the Court’s ADR Program, which is to

4

be completed by January 3, 2012, per Local ADR Rule 3-6 (Dkt. No. 63).

5
6
7
8
9
10

WHEREAS, on November 9, 2011, the Court’s ADR Unit appointed Mr. Robert Ebe as
mediator (Dkt. No. 64).
WHEREAS, because of a trial commitment, Mr. Ebe is not able to participate in
mediation or any form of ADR until January 13, 2012, which is after the deadline.
WHEREAS, the parties have significant discovery, including depositions, and motion
practice to begin and believe that additional ADR would be beneficial.

MOUNTAIN VIEW

ATTORNEYS AT LAW

WHEREAS, the parties have agreed to jointly petition the Court to refer this case

12
F ENWICK & W EST LLP

11

pursuant to ADR Local Rule 7-2 to a settlement conference before a Magistrate Judge (other than

13

the Honorable Howard R. Lloyd who is the parties’ assigned Magistrate Judge and who is not

14

available) in San Jose or the San Francisco/Oakland divisions of the Northern District of

15

California.

16

WHEREAS, Plaintiff has retained new California counsel, who could participate in a

17

settlement conference during the week of December 19, 2011, but is otherwise unavailable to

18

participate prior to the January 3, 2012 deadline.

19

IT IS HEREBY STIPULATED, CONSENTED, AND AGREED TO by and between

20

the parties that the Court may order the parties, through their attorneys of record, to participate in

21

a settlement conference before a Magistrate Judge in the San Jose, or San Francisco/Oakland

22

divisions of the Northern District of California, on December 20, 21, 22 or 23, 2011.

23
24

IT IS SO STIPULATED.
Dated: December 19, 2011

25

MELANCON RIMES
By:

26

/s/ Jason L. Melancon
Jason L. Melancon

Attorneys for Plaintiff
CAMSOFT DATA SYSTEMS, INC.

27
28
JOINT STIP. TO PARTICIPATE IN SETTLEMENT
CONFERENCE BEFORE MAGISTRATE JUDGE

1

CASE NO.: 5:10-cv-03725 EJD (PSG)

1

Dated: December 19, 2011

FENWICK & WEST LLP

2

By:

3

Attorneys for Defendants
TROPOS NETWORKS INC., RON SEGE AND
DAVE HANNA

4
5

ATTORNEY ATTESTATION

6
7
8

/s/ Patrick E. Premo
Patrick E. Premo

Pursuant to General Order 45, I, Patrick E. Premo, hereby attest that concurrence in the
filing of this document has been obtained from the above-listed counsel and individual.

9
10

Dated: December 19, 2011

By:

11

MOUNTAIN VIEW

ATTORNEYS AT LAW

12
F ENWICK & W EST LLP

FENWICK & WEST LLP
/s/ Patrick E. Premo
Patrick E. Premo

Attorneys for Defendants
TROPOS NETWORKS INC., RON SEGE AND
DAVE HANNA

13
14

ORDER

15
16

PURSUANT TO STIPULATION, IT IS SO ORDERED. The case shall be referred to

17

a settlement conference before Magistrate Judge ___________ to be held on ____________ in the

18

Magistrate Judge’s chambers. The parties shall lodge with the Magistrate Judge and exchange

19

confidential settlement conference statements by 5 pm Pacific time on December 19, 2011.

20
21

DATED: _____________________

22

________________________________________
THE HONORABLE EDWARD J. DAVILLA
UNITED STATES DISTRICT JUDGE

23
24
25
26
27
28
JOINT STIP. TO PARTICIPATE IN SETTLEMENT
CONFERENCE BEFORE MAGISTRATE JUDGE

2

CASE NO.: 5:10-cv-03725 EJD (PSG)