Opinion
Case No. 3:95-cv-02377-WHA
03-15-2013
UTHE TECHNOLOGY CORPORATION, Plaintiff, v. AETRIUM, INC., HARRY ALLEN, et al., Defendants.
HEATHER H. HARRISON (admitted pro hac vice) EDWARDS WILDMAN PALMER LLP CLINTON J. McCORD (SBN 204749) EDWARDS WILDMAN PALMER LLP Attorneys for Plaintiff UTHE TECHNOLOGY CORPORATION OPPENHEIMER WOLFF & DONNELLY LLP David B. Potter Archana Nath Attorneys for Defendants AETRIUM, INC. AND HARRY ALLEN Michael Dockterman Clinton J. McCord Heather H. Harrison Attorneys for Plaintiff UTHE TECHNOLOGY CORPORATION
MICHAEL DOCKTERMAN (admitted pro hac vice)
HEATHER H. HARRISON (admitted pro hac vice)
EDWARDS WILDMAN PALMER LLP
CLINTON J. McCORD (SBN 204749)
EDWARDS WILDMAN PALMER LLP
Attorneys for Plaintiff
UTHE TECHNOLOGY CORPORATION
JOINT REPORT OF RESOLUTION OF
DISCOVERY DISPUTE AND REQUEST
FOR CONTINUANCE OF DISCOVERY
MEET AND CONFER AND HEARING
COME NOW Plaintiff Uthe Technology Corporation ("Uthe") and Defendants Aetrium, Inc. and Harry Allen, through undersigned counsel, and hereby notify the Court that while Defendants continue to object to the relevancy of the documents Uthe seeks in its Motion for Order Compelling Defendants to Produce Documents, filed on March 8, 2013 (ECF No. 155), Defendants have agreed to produce the documents sought by that Motion.
Defendants have agreed to produce all such documents by Monday, March 25, 2013.
Once the documents are produced, the motion will become moot. Accordingly, the parties jointly request that the Court continue the discovery meet-and-confer and hearing, currently set for Monday, March 18, 2013, two weeks, to Monday, April 1, 2013, or any other date that is convenient for the Court.
Once the documents are produced, Uthe will file a notice of withdrawal of its motion.
Respectfully submitted this 15th day of March, 2013, OPPENHEIMER WOLFF & DONNELLY LLP _____________
David B. Potter
Archana Nath
Attorneys for Defendants AETRIUM, INC. AND
HARRY ALLEN
EDWARDS WILDMAN PALMER LLP ________________
Michael Dockterman
Clinton J. McCord
Heather H. Harrison
Attorneys for Plaintiff UTHE TECHNOLOGY
CORPORATION
[PROPOSED] ORDER
The parties' request for a continuance of the discovery meet and confer and hearing is granted. The meet and confer and hearing, currently set for Monday, March 18, 2013, at 9:00 a.m. and 11:30 a.m., respectively, are hereby continued to April 1, 2013, at the same times. Plaintiff is ordered to file a notice of withdrawal of its motion upon completion of the production of documents by Defendants.
IT IS SO ORDERED.
Judge William Alsup