Jardin v. Datallegro, Inc. et al

Filing 57

ORDER granting Plaintiff's 37 Motion to Stay Proceedings Based on Pending Reexamination of the Patents-in-Suit. Granting 56 Joint Motion to Stay Proceedings. Dfts may serve up to eight third party subpoenas for the limited purpose of ensurin g that the third parties to produce requested documents pending the stay. All other litigation activities, deadlines or obligations under FRCP or Local Rules, with exception to the limited subpoenas, are stayed pending the conclusion of the reexamination proceeding in US Patent and Trademark Office. Signed by Judge Irma E. Gonzalez on 2/20/2009. (jah) (jrl).

1 2 3 4 5 6 7 8 9 10 CARY A. JARDIN, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW COME plaintiff Cary Jardin ("Plaintiff") and defendants Stuart Frost and Datallegro, Inc. ("Defendants") and, pursuant to the agreement of their counsel as indicated by their signatures below, hereby make and file this Joint Proposed Consent Order on Plaintiff's Motion to Stay Proceedings. [Dk. No. 37]. WHEREAS, on August 12, 2008, Plaintiff filed this case against Defendants for infringement of Plaintiff's U.S. Patent No. 7,177,874 (the "'874 Patent"); WHEREAS, on August 25, 2008, Defendants filed a Request for Re-examination of the '874 Patent with the United States Patent and Trademark Office; WHEREAS, on December 19, 2008, Plaintiff filed a Motion to Stay Proceedings Pending Reexamination [Dk. No. 37]; and WHEREAS on February 9, 2009, Defendants filed a Joint Response to Plaintiff's Motion to Stay Proceedings Based on Pending Reexamination of Patent-in-Suit [Dk. No. 47], stating that they UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) Plaintiff, ) ) vs. ) ) DATALLEGRO, INC. and STUART FROST, ) ) Defendants. ) ) No. 08-CV-1462-IEG-RBB ORDER ON PLAINTIFF'S MOTION TO STAY [Doc. Nos. 37, 56]

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08-CV-1462-IEG-RBB

1 did not oppose the proposed stay but wished to serve limited third party subpoenas seeking 2 documents prior to the stay. 3 4 NOW THEREFORE, the COURT hereby ORDERS as follows: Within twenty-one (21) days of entry of this Order, Defendants may serve up to eight (8)

5 third party subpoenas for the limited purpose of ensuring that the subpoenaed third parties produce 6 the requested documents pending the stay of these proceedings. Nothing herein shall serve to limit 7 any party's right to object to the subpoena on any ground, nor seek leave for good cause to serve 8 additional third party subpoenas. 9 The Court hereby GRANTS Plaintiff's Motion to Stay Proceedings. Accordingly, with the

10 exception of the limited subpoenas described above, all other litigation activities, deadlines 11 or obligations under the Federal Rules of Civil Procedure or the Local Rules are hereby stayed 12 pending the conclusion of the reexamination proceeding in the United States Patent and Trademark 13 Office. 14 IT IS SO ORDERED 15 Dated: February 20, 2009 16 17 18 19 20 21 22 23 24 25 26 27 28 -208-CV-1462-IEG-RBB ________________________________ Irma E. Gonzalez, Chief Judge United States District Court