Vendio Services, Inc v. P.S. Products, Inc et al

Filing 34

STIPULATION AND ORDER AS MODIFIED BY THE COURT SETTING CASE MANAGEMENT CONFERENCE re 33 Stipulation. On or before 4/1/2011, the parties shall file a Joint Statement including, inter alia, a detailed explanation of the need for an exceptional schedu le, a good faith proposed schedule, and the specifics of this case with warrant such an exception. Case Management Conference set for 4/11/2011 10:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 3/10/2011. (ecg, COURT STAFF) (Filed on 3/10/2011)

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F ENWICK & W EST LLP
ATTORNEYS AT LAW SAN FRANCISCO

Attorneys for Plaintiff Vendio Services, Inc.

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C F D I S T I C T O 3/10/2011 R

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION VENDIO SERVICES, INC., a Delaware corporation, Plaintiffs, v. P.S. PRODUCTS, INC., an Arkansas corporation, and BILLY PENNINGTON, an individual, Defendants. WHEREAS, Plaintiff Vendio Services, Inc. ("Vendio") filed this declaratory judgment action on October 1, 2010; WHEREAS, a Case Management Conference was scheduled by the Court for February 14, 2011; WHEREAS, pursuant to the Court's Order, on February 4, 2011, the parties submitted their Joint Case Management Conference Statement (Dkt. No. 30); WHEREAS, as explained in more detail in the Joint Case Management Conference Statement, the parties agree that this is not a traditional patent case warranting many of the procedures and/or disclosures otherwise required by the Patent Local Rules; WHEREAS, on February 9, 2011, the Court vacated the Case Management Conference Case No. 5:10-cv-04455 JW STIPULATION JOINTLY REQUESTING A CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

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STIPULATION AND [PROPOSED] ORDER

CASE NO. 5:10-CV-04455 JW

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DARRYL M. WOO (CSB NO. 100513) [e-mail] RYAN J. MARTON (CSB NO. 223979) [e-mail] LESLIE A. KRAMER (CSB NO. 253313) [e-mail] FENWICK &WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile:[phone]

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F ENWICK & W EST LLP
ATTORNEYS AT LAW SAN FRANCISCO

and issued a Scheduling Order (Dkt No. 31); WHEREAS, the parties have conferred and agree that the current Scheduling Order includes various procedures and/or disclosures unnecessary in this litigation; WHEREAS, the parties agree that it would be useful to have Case Management Conference with the Court to discuss the case, said procedures and/or disclosure requirements and the schedule. NOW THEREFORE, the parties jointly request that the Court schedule a Case Management Conference in this matter on a date and time convenient to the Court and the parties. SO STIPULATED. Dated: February 15, 2011 FENWICK & WEST LLP By: /s/ Ryan J. Marton Ryan J. Marton Attorneys for Plaintiff Vendio Services, Inc.

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STIPULATION AND [PROPOSED] ORDER

STEWART LAW FIRM By: /s/ Chris H. Stewart Chris H. Stewart Attorneys for Defendants P.S. Products, Inc. and Billy Pennington

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CASE NO. 5:10-CV-04455 JW

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F ENWICK & W EST LLP
ATTORNEYS AT LAW SAN FRANCISCO

ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Ryan J. Marton, attest that concurrence in the filing of this document has been obtained from any signatories indicated by a "conformed" signature (/s/) within this e-filed document. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 15th day of February 2011, at San Francisco, California. FENWICK & WEST LLP By: /s/ Ryan J. Marton Ryan J. Marton Attorneys for Plaintiff Vendio Services, Inc.

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STIPULATION AND [PROPOSED] ORDER

[PROPOSED] ORDER PURSUANT TO STIPULATION, a Case Management Conference is hereby scheduled for April 11, 2011 at 10:00 AM. On or before April 1, 2011, the parties shall file a Joint _______________________________. Statement including, inter alia, a detailed explanation of the need for an exceptional schedule, a good faith proposed schedule, and the specifics of this case with warrant such an exception.

March 10 Dated: February ___, 2011

By: Honorable James Ware

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CASE NO. 5:10-CV-04455 JW