Solannex, Inc. v. MiaSole, Inc.

Filing 90

STIPULATION AND ORDER ENLARGING TIME FOR PRIVATE ADR SESSION, re 89 Stipulation filed by MiaSole, Inc. Signed by Judge Paul S. Grewal on 11/1/2011. (ofr, COURT STAFF) (Filed on 11/1/2011)

1 Gregory S. Tamkin (State Bar No. 175009)
Case Collard (State Bar No. 245834)
DORSEY & WHITNEY LLP
1400 Wewatta Street, Suite 400
Denver, CO 80202-5549
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff
SOLANNEX, INC.

Claude M. Stern (Bar No. 96737)
Ray Zado (Bar No. 208501)
Anna T. Neill (Bar No. 270858)
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, California 94065-2139
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant and Counterclaim
Plaintiff MIASOLÉ, INC.

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
CASE NO. 11-CV-0171 (PSG)
SOLANNEX, INC.,
Plaintiff,

STIPULATION AND [PROPOSED]
ORDER ENLARGING TIME FOR
PRIVATE ADR SESSION
[Civil L.R. 6-1, 6-2]

vs.

Honorable Paul S. Grewal
United States District Judge

MIASOLÉ
Defendant.

Case No. 11-CV-0171 (PSG)
STIPULATION AND [PROPOSED] ORDER ENLARGING TIME
FOR PRIVATE ADR SESSION

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Pursuant to Civil Local Rules 6-1 and 6-2, Plaintiff Solannex, Inc. (“Solannex”) and
Defendant MiaSolé respectfully request that the Court enter the below stipulation Enlarging Time
for the parties to engage in a private mediation session pursuant to the Court’s April 20, 2011
Order Selecting ADR Process. The parties AGREE AND STIPULATE to extend the deadline for
such mediation session from Monday, October 31, 2011 until Monday, March 9, 2012.
1. Reason for the Request
On April 20, 2011, the Court issued an order setting the deadline for the parties mandatory
ADR session of October 31, 2011, which date was set approximately four weeks after the Claim
Construction Hearing date set by the Court’s April 4, 2011 Case Management Order. Since that
time, plaintiff Solannex has substituted counsel, and the parties have agreed to extensions to the
claim construction process such that the Claim Construction Hearing is now set for January 17,
2012. In view of these changes to the claim construction schedule, the parties believe that
additional time to engage in the mediation process would be beneficial. The parties at this time
are in the process of discussing the selection of an agreed upon third party JAMS mediator for
such session.
2. Prior Time Modifications
The time for MiaSolé to answer or otherwise respond to the Complaint was previously
extended by 30 days. The Initial Status Conference was previously extended by 15 days from
February 28 to March 15. Solannex was allowed to supplement its May 10, 2011 infringement
contentions 48 days later, on June 27, 2011. MiaSolé’s invalidity contention deadline was
previously extended by 17 days from June 24, 2011 to July 11, 2011. On August 19, 2011,
pursuant to a stipulated scheduled agreed to by the parties, the Court entered a Second Amended
Case Management Order that, inter alia, extended the claim construction deadlines such that the
claim construction hearing was extended by approximately three and one half months. The
subsequent dates were also extended such that the trial date was extended by approximately two
and one half months. The parties stipulated and the court granted a two-day extension for the
Patent L.R. 4-2 Exchange of Preliminary Claim Constructions from September 19, 2011 to
Case No. 11-CV-0171 (PSG)
-1STIPULATION AND [PROPOSED] ORDER ENLARGING TIME
FOR PRIVATE ADR SESSION

1 September 21, 2011. The parties stipulated and the court granted n extension of the deadline for
2 the exchange of preliminary claim constructions by one court day from October 11, 2011 to
3 October 12, 2011.
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3. Effect of Requested Modification

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These extension currently under discussion will have no effect on the dates for claim

6 construction briefing or any subsequent deadlines in this case.
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So Stipulated.

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9 DATED: October 31, 2011

DORSEY & WHITNEY LLP

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By

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/s/ ¨Case Collard

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Gregory S. Tamkin (State Bar No. 175009)
Case Collard (State Bar No. 245834)
1400 Wewatta Street, Suite 400
Denver, CO 80202-5549
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff SOLANNEX, INC.

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DATED: October 31, 2011

QUINN EMANUEL URQUHART &
SULLIVAN, LLP

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By

/s/ Ray Zado

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Claude M. Stern (Bar No. 96737)
Ray Zado (Bar No. 208501)
Anna T. Neill (Bar No. 270858)
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, California 94065-2139
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for MIASOLÉ

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Case No. 11-CV-0171 (PSG)
-2STIPULATION AND [PROPOSED] ORDER ENLARGING TIME
FOR PRIVATE ADR SESSION

1 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED:
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, 2011

________________________________
Honorable Paul S. Grewal
United States

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Case No. 11-CV-0171 (PSG)
-3STIPULATION AND [PROPOSED] ORDER ENLARGING TIME
FOR PRIVATE ADR SESSION

1

ATTESTATION
I hereby attest pursuant to General Order 45.X.B that concurrence in the electronic filing of
this document has been obtained from the signatories.
Dated: October 31, 2011

/s/ Ray R. Zado______
Ray R. Zado

Case No. 11-CV-0171 (PSG)
-1STIPULATION AND [PROPOSED] ORDER ENLARGING TIME
FOR PRIVATE ADR SESSION

1

CERTIFICATE OF SERVICE
The undersigned hereby certifies that all counsel of record who are deemed to have
consented to electronic service are being served with a copy of this document via the Court’s ECF
System.
Dated: October 31, 2011

/s/ Ray R. Zado________
Ray R. Zado

Case No. 11-CV-0171 (PSG)
-1STIPULATION AND [PROPOSED] ORDER ENLARGING TIME
FOR PRIVATE ADR SESSION