Solannex, Inc. v. MiaSole, Inc.

Filing 23

Order by Hon. Lucy H. Koh granting 22 Stipulation to Continue Case Management Conference.(lhklc3, COURT STAFF) (Filed on 6/12/2012)

Case5:12-cv-00832-LHK Document22 Filed06/12/12 Page1 of 3

1
2
3
4
5
6

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.

QUINN EMANUEL URQUHART &
SULLIVAN, LLP
Claude M. Stern (Bar No. 96737)
[e-mail]
Evette D. Pennypacker (Bar No. 203515)
[e-mail]
Ray Zado (Bar No. 208501)
[e-mail]
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, California 94065-2139
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant MiaSolé, Inc.

7
8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

SAN JOSE DIVISION

12
13
14
15
16

Plaintiff,

SECOND STIPULATED MOTION TO
CONTINUE CASE MANAGEMENT
CONFERENCE & [PROPOSED] ORDER

v.
MIASOLÉ, INC.,

District Judge Lucy H. Koh

Defendant.

17
18

Case No. 5:12-cv-00832-LHK

SOLANNEX, INC.,

Pursuant to Civil Local Rules 6-1(b) and 6-2, Plaintiff Solannex, Inc. (“Solannex”) and

19

Defendant MiaSolé, Inc. (“MiaSolé”) (collectively, the “parties”) respectfully request that the Court

20

grant this stipulation by which the parties AGREE AND STIPULATE to continue the date of Case

21

Management Conference currently scheduled in this case for Wednesday, June 13, 2012, at

22

2:00 p.m. to Wednesday, June 20, 2012 at 2:00 p.m., and to correspondingly extend the current

23

June 6, 2012, date for the parties to submit their Joint Case Management Statement to June 13,

24

2012. In support thereof, the parties state as follows.

25

1.

26

In 2011, Solannex filed Solannex, Inc. v. MiaSolé, Inc., No. 5:11-cv-00171-PSG and

27

stipulated to Magistrate Judge Grewal for all purposes (Solannex I). On May 23, 2012, Magistrate

28

Judge Grewal issued his Order Denying Defendant’s Motion to Consolidate, which was entered in

Procedural History

1
SECOND STIPULATED MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE & [PROPOSED] ORDER

Case5:12-cv-00832-LHK Document22 Filed06/12/12 Page2 of 3

1

this case (ECF No. 14), denying MiaSolé’s motion to consolidate this case with Case No. 11-cv-

2

00171-PSG on the grounds that Solannex had not stipulated to a Magistrate Judge in this action. On

3

May 30, 2012, MiaSolé filed its Answer and Counterclaims (ECF No. 15). On May 31, 2012 (ECF

4

No. 18) this case was reassigned to the Honorable Lucy H. Koh for all further proceedings. The

5

June 1, 2012, Clerk’s Notice Setting Case Management Conference (ECF No. 19) set a Case

6

Management Conference for Wednesday, June 13, 2012 at 2:00 p.m. The Case Management

7

Statements were set to be due no later than Wednesday, June 6, 2012. On June 6, 2012, the parties

8

filed their first Stipulated Motion to Continue Case Management Conference (ECF No. 20) which

9

was denied by the Court on June 12, 2012 (ECF No. 21). The Court’s order required the parties to

10

file their joint case management conference statement by June 12, 2012, at noon, or alternatively,

11

file a stipulation to continue the June 13th case management conference to June 20, 2012.

12

2.

13

Counsel for Solannex is unavailable on June 13, 2012 due to prior commitments which were

Reasons for the Requested Enlargement of Time

14

scheduled before this case management conference was set. Since the setting of this conference on

15

June 1, 2012 the parties have been in discussions about re-scheduling the conference to a mutually

16

agreeable date.

17

Defendant MiaSolé is prepared to move forward with the case management conference on

18

June 13, 2012, as set in the schedule proposed by the Court. MiaSolé submits that it is particularly

19

important for this Court to address case management issues in this matter given that the matter

20

pending before this Court is the second of two matters Solannex has filed against MiaSolé

21

involving the same accused products, the same parties, and patents in the same patent family.

22

Nevertheless, given Solannex’s lead counsel’s vacation schedule, MiaSolé will agree to continue

23

the case management conference to June 20, 2012.

24

3.

25

There have been no previous time modifications in this case.

26

4.

27

Solannex agrees and stipulates that it will not use MiaSolé’s agreement to continue this case

28

Previous Time Modifications

Effect of Requested Modification

management conference, or the fact or amount of any discovery taking place between the original
2
SECOND STIPULATED MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE & [PROPOSED] ORDER

Case5:12-cv-00832-LHK Document22 Filed06/12/12 Page3 of 3

1

date for the case management conference and the rescheduled case management conference,

2

including but not limited to depositions, as a basis to argue against any efforts by MiaSolé to

3

consolidate, relate or otherwise coordinate the schedules of Solannex I and this action. Since no

4

schedule has been entered in this case, there is no effect on any other dates.

5
6
7
8

So Stipulated.
Dated June 12, 2012
I, Case Collard, attest that concurrence in the filing of this document has been obtained from
the other signatory below.

9
10
11
12
13
14
15

/s/ Evette Pennypacker
Claude M. Stern
Evette D. Pennypacker
Ray Zado
QUINN EMANUEL URQUHART & SULLIVAN, LLP
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, California 94065-2139
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant MiaSolé, Inc.

/s/ Case Collard
Gregory S. Tamkin
Case Collard
DORSEY & WHITNEY, LLP
Email: [e-mail]
Email: [e-mail]
1400 Wewatta Street, Suite 400
Denver, CO 80202-5549
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff Solannex, Inc.

16
17
18 PURSUANT TO STIPULATION, IT IS SO ORDERED
19
12
20 Dated: June ___, 2012
21
22

UNITED STATES DISTRICT JUDGE LUCY H. KOH

23
24
25
26
27
28
3
SECOND STIPULATED MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE & [PROPOSED] ORDER