Opinion
Case No. C 11-01655 EJD
11-01-2011
OLYMPIC DEVELOPMENTS AG, LLC, Plaintiff, v. BARNESANDNOBLE.COM, LLC, Defendant.
Steven Ritcheson, Esq. (SBN 174062) WHITE FIELD, INC. Attorneys for Plaintiff OLYMPIC DEVELOPMENTS AG, LLC Krista M. Carter (State Bar No. 225229) DICKSTEIN SHAPIRO LLP Attorneys for Defendant BARNESANDNOBLE.COM LLC.
Steven Ritcheson, Esq. (SBN 174062)
WHITE FIELD, INC.
Attorneys for Plaintiff
OLYMPIC DEVELOPMENTS AG, LLC
Krista M. Carter (State Bar No. 225229)
DICKSTEIN SHAPIRO LLP
Attorneys for Defendant
BARNESANDNOBLE.COM LLC.
Honorable Judge Edward J. Davila
STIPULATION FOR MODIFICATION OF CASE MANAGEMENT DATES
WHEREAS, by Order dated September 13, 2011 (Docket No. 141), the Court has ordered the parties to comply with certain case management dates, including: Infringement Contentions (September 30, 201); Invalidity Contentions (November 14, 2011); Joint Claim Construction and Prehearing Statement (January 13, 2012); Close of Claim Construction Discovery (February 13, 2012); Joint Case Management Statement for Interim Conference (March 6, 2012); Interim Case Management Conference (March 16, 2012); Last Day to Complete ADR Session (March 22, 2012); Case Tutorial (April 10, 2012); and Claim Construction Hearing (April 10, 2012) (collectively, the "Case Management Dates").
WHEREAS, Plaintiff Olympic Developments AG, LLC ("Olympic") and Defendant barnesandnoble.com, llc ("B&N"), are engaged in settlement discussions; and
WHEREAS, (a) B&N filed a motion to stay the above entitled action on October 17, 2011 (Docket No. 143), and (b) it appears from the Court's website that Plaintiff's counsel was inadvertently removed from the Court's email service list and Plaintiff did not receive notice of B&N's motion; and
WHEREAS, the parties wish to continue their settlement discussions and resolve the issues surrounding notice of B&N's motion;
The Parties, by and through their respective counsel, subject to the Court's approval, stipulate as follows:
1. The Case Management Dates shall be reset as follows:
a. Infringement Contentions (COMPLETED);
b. Invalidity Contentions: from November 14, 2011 to December 20, 2011;
c. Joint Claim Construction and Prehearing Statement: from January 13, 2012 to February 17, 2012;
d. Close of Claim Construction Discovery: from February 13, 2012 to March 19, 2012;
e. Joint Case Management Statement for Interim Conference: from March 6, 2012 to April 10, 2012;
f. Interim Case Management Conference: from March 16, 2012 to April 20, 2012;2. B&N agrees to withdraw its pending motion to stay (Docket No. 143) without prejudice and may re-notice and re-file such motion at its discretion.
g. Last Day to Complete ADR Session: from March 22, 2012 to April 26, 2012;
h. Case Tutorial: from April 10, 2012 to May 30, 2012 at 9:00 a.m .
i. Claim Construction Hearing: from April 10, 2012 to May 30, 2012 following Tutorial.
The Clerk shall terminate Docket Item No. 143.
SO STIPULATED.
Respectfully submitted,
WHITE FIELD, INC.
Steven W. Ritcheson
Attorneys for Plaintiff OLYMPIC DEVELOPMENTS AG, LLC
Respectfully submitted,
DICKSTEIN SHAPIRO LLP
Krista M. Carter
Attorney for Defendant BARNESANDNOBLE.COM LLC
SIGNATURE ATTESTATION
Pursuant to General Order 45.X(B), I hereby attest that concurrence has been obtained from the above-named counsel indicated by a "conformed" signature (/s/) within this e-filed document.
Steven W. Ritcheson
PURSUANT TO STIPULATION, IT IS SO ORDERED.
HONORABLE EDWARD J. DAVILA
United States District Court Judge