Opinion
Case No. 1:10-cv-02371 OWW DLB
08-12-2011
CHAMPION LABORATORIES, INC., a Delaware Corporation, Plaintiff, v. PARKER-HANNIFIN CORPORATION, including its Racor Division, and PARKER INTANGIBLES, LLC, Defendants.
MARK D. MILLER (California Bar No. 116349) MARCUS N. DiBUDUO (California Bar No. 258684) SIERRA IP LAW, PC A Professional Corporation BRIAN W. LEWIS (Illinois Bar No. 6190792) PAUL OLSZOWKA (Illinois Bar No. 6291267) MARK NAHNSEN (Illinois Bar No. 6271361) BARNES & THORNBURG LLP Attorneys for Plaintiff CHAMPION LABORATORIES, INC.
MARK D. MILLER (California Bar No. 116349)
MARCUS N. DiBUDUO (California Bar No. 258684)
SIERRA IP LAW, PC
A Professional Corporation
BRIAN W. LEWIS (Illinois Bar No. 6190792)
PAUL OLSZOWKA (Illinois Bar No. 6291267)
MARK NAHNSEN (Illinois Bar No. 6271361)
BARNES & THORNBURG LLP
Attorneys for Plaintiff
CHAMPION LABORATORIES, INC.
JOINT MOTION TO (1) ADJOURN HEARING ON MOTION TO DISMISS
AND (2) THE DATE OF SCHEDULING CONFERENCE AND ORDER
THEREON
WHEREAS, on July 18, 2011, Plaintiff CHAMPION LABORATORIES, INC. ("Champion") and Defendants PARKER-HANNIF IN CORPORATION, and PARKER INTANGIBLES, LLC (collectively "Parker") conducted a mediation of another action between the parties pending in the Court of Appeal for the Federal Circuit;
WHEREAS, as part of that settlement, the Champion and Parker have also tentatively resolved this action;
WHEREAS, Champion and Parker are presently finalizing the settlement and anticipate completing the agreement no later than September 12, 2011, and in that event shall file a joint motion to dismiss this action;
WHEREAS, a hearing on Parker's Motion to Dismiss is currently scheduled for August 22, 2011 and a Scheduling Conference is set for August 25, 2011;
WHEREAS, Champion's Opposition to Parker's Motion is currently due on August 8, 2011 and Parker's Reply is due on August 15, 2011; and
WHEREAS, Champion and Parker have agreed to extend these dates in the event that the parties are unable to reach a final settlement; and
WHEREAS, Champion and Parker request that the August 22, 2011 Hearing and August 25, 2011 Scheduling Conference be continued to a later date.
NOW, THEREFORE, IT IS HEREBY STIPULATED, CONSENTED, AND AGREED TO by and between the parties through their respective counsel, as follows:
(1) that the time for Champion to file its opposition to Parker's motion to dismiss shall be extended until and including September 30, 2011; and
(2) That the time for Parker to file a reply to Champion's opposition shall be extended until and including October 14, 2011.
(3) IT IS FURTHER STIPULATED, CONSENTED, AND AGREED TO by and between the parties, that with the Court's permission, the Motion to Dismiss shall be rescheduled until October 21, 2011 or as soon as it may be heard thereafter by the Court and that the Scheduling Conference shall be rescheduled to October 24, 2011 or as soon thereafter as it may be conducted by the Court.
Respectfully submitted,
SIERRA IP LAW, PC
Mark D. Miller
Marcus N. DiBuduo
BARNES & THORNBURG LLP
Brian W. Lewis
Paul Olszowka
Mark Nahnsen
Paul Olszowka
Attorneys for Plaintiff,
CHAMPION LABORATORIES, INC.
Attorneys for Defendants
-and
CONNOLLY BOVE LODGE & HUTZ LLP
Francis DiGiovanni (Pro Hac Vice)
Attorneys for Defendants
Parker-Hannifin Corporation and
Parker Intangibles LLC
IT IS SO ORDERED.
Oliver W. Wanger
UNITED STATES DISTRICT JUDGE