Livingston Hearing Aid Center, Inc. v. InSound Medical, Inc.

Filing 48

STIPULATION AND ORDER AS MODIFIED BY THE COURT Extending Deadline to Complete Mediation re #47 Stipulation. The deadline to engage in private mediation is extended through 4/18/2012. Signed by Judge Edward J. Davila on 1/12/2012. (ejdlc1, COURT STAFF) (Filed on 1/12/2012) Modified text on 1/13/2012 (ecg, COURT STAFF).

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WILLIAM J. GOINES (SBN 61290)
email: [e-mail]
KAREN ROSENTHAL (SBN 209419)
email: [e-mail]
CINDY HAMILTON (SBN 217951)
email: [e-mail]
GREENBERG TRAURIG, LLP
1900 University Avenue, Fifth Floor
East Palo Alto, California 94303
Telephone: [phone]
Facsimile: [phone]

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UNIT
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MICHAEL H. CARPER (Admitted Pro Hac Vice)
email: [e-mail]
ROBERT N. NEBB (Admitted Pro Hac Vice)
email: [e-mail]
LAW OFFICE OF MICHAEL H. CARPER, P.C.
1102 Main Street
Lubbock, Texas 79401
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff and Counter-defendant
LIVINGSTON HEARING AID CENTER, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LIVINGSTON HEARING AID CENTER,
INC.,

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Plaintiff,
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Case No. CV11-01965 EJD
STIPULATION EXTENDING DEADLINE TO
COMPLETE MEDIATION AND
[PROPOSED] ORDER

v.
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INSOUND MEDICAL, INC.,
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Defendant.
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AND RELATED COUNTERCLAIM

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WHEREAS, on October 18, 2011, this Court entered its Order Selecting ADR Process [Dock.

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#44], requiring the parties in the above-entitled action to complete private mediation within 90 days

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of the date of said Order (by January 17, 2012); and
STIPULATION EXTENDING DEADLINE TO COMPLETE
MEDIATION AND [PROPOSED] ORDER

CV11-01965 EJD
SV 346,809,122v1

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WHEREAS, the parties are in the process of undertaking discovery in order to determine the
factual bases for their respective claims; and
WHEREAS, the parties believe that an extension of the mediation deadline would be in the

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best interest of the parties and a potential resolution of this action, in order to allow the parties to

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undertake additional discovery, including exchanging documents and conducting initial depositions

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pursuant to Federal Rule of Civil Procedure 30(b)(6), prior to engaging in meaningful mediation,

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IT IS HEREBY STIPULATED by and between Plaintiff and Counter-defendant Livingston

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Hearing Aid Center, Inc. and Defendant and Counterclaimant InSound Medical, Inc., through their

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respective counsel, that the deadline to engage in private mediation be extended for a period of 90

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days from January 17, up to and including April 18, 2011. 2012.
IT IS SO STIPULATED.
Dated: January 11, 2012.

GREENBERG TRAURIG, LLP

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By:

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and

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MICHAEL H. CARPER (Admitted Pro Hac Vice)
ROBERT N. NEBB (Admitted Pro Hac Vice)
LAW OFFICE OF MICHAEL H. CARPER, P.C.
1102 Main Street
Lubbock, Texas 79401

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Attorneys for Plaintiff and Counter-defendant
Livingston Hearing Aid Center, Inc.

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/s/ William J. Goines
William J. Goines
Cindy Hamilton

Dated: January 11, 2012.

RUTAN TUCKER LLP

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By: /s/ Gerard M. Mooney, Jr.
Gerard M. Mooney, Jr., Esq.

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and

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KIRK CRUTCHER, ESQ.
MAYFIELD CRUTCHER & SHARPEE
1001 Main St., Ste. 504
Lubbock,TX 79401

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Attorneys for Defendant and Counterclaimant
InSound Medical, Inc.

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- 2 - STIPULATION EXTENDING DEADLINE TO COMPLETE
MEDIATION AND [PROPOSED[ ORDER

CV11-01965 EJD
SV 346,809,122v1

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ATTESTATION CLAUSE

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I, William J. Goines, am the ECF User whose ID and password are being used to file this

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STIPULATION EXTENDING DEADLINE TO COMPLETE MEDIATION AND [PROPOSED]

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ORDER. In compliance with General Order 45, X.B., I hereby attest that Gerard M. Mooney, Jr., has

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concurred in this filing.

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Date: January 11, 2012.

GREENBERG TRAURIG LLP

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By: /s/ William J. Goines

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[PROPOSED] ORDER
IT IS SO ORDERED.

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Honorable Edward J. Davila
Judge, United States Bankruptcy Court

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STIPULATION EXTENDING DEADLINE TO COMPLETE
MEDIATION AND [PROPOSED] ORDER

CV11-01965 EJD
SV 346,809,122v1