Opinion
CASE NO. CV11-0077 PJH
11-16-2011
VIA TECHNOLOGIES, INC., a California corporation, and VIA TECHNOLOGIES, INC., a Taiwan corporation, Plaintiffs, v. VIZIO, INC., a Delaware corporation, Defendant.
DAVID N. MAKOUS, SB# 082409 JOSHUA S. HODAS, SB# 250802 LEWIS BRISBOIS BISGAARD & SMITH LLP Attorneys for Vizio, Inc., a California Corporation
DAVID N. MAKOUS, SB# 082409
JOSHUA S. HODAS, SB# 250802
LEWIS BRISBOIS BISGAARD & SMITH LLP
Attorneys for Vizio, Inc., a California Corporation
Honorable Judge Phyllis J. Hamilton
JOINT STIPULATED REQUEST FOR AN ORDER FURTHER EXTENDING
DATE FOR COMPLETION OF MEDIATION; [PROPOSED] ORDER
Whereas, the Court referred this case for court mediation on July 5, 2011 and subsequently, on joint stipulated motion of the parties, referred it to private mediation on July 11, 2011; and
Whereas, Local Rule ADR 37 requires that mediation be held within 90 days of referral to a mediator; and
Whereas the parties held a private mediation before Hon. Daniel Weinstein (ret.) of JAMS on September 28, 2011; and
Whereas the parties previously stipulated to, and the Court ordered, an extension of the deadline to complete mediation until November 15, 201; and
Whereas, at that mediation an agreement in principal was achieved on the terms of settlement of this case, and since then the parties have diligently pursued settlement, with several draft settlement agreements having since been circulated among the parties; and
Whereas, the parties believe that a final settlement will be achieved soon;
The parties hereby respectfully request that any deadline to complete mediation be further extended until December 15, 2011 in order to allow time for a final agreement to be completed.
Respectfully submitted,
DAVID N. MAKOUS
JOSHUA S. HODAS
LEWIS BRISBOIS BISGAARD & SMITH LLP
Joshua S. Hodas
Attorneys for VIZIO, INC., a Delaware Corporation
J. DAVID HADDEN
JEDEDIAH WAKEFILED
TYLER G. NEWBY
SEBASTIAN KAPLAN
FENWICK & WEST LLP
Jedediah Wakefield
Attorneys for Plaintiffs VIA TECHNOLOGIES, INC.
(Taiwan) and VIA TECHNOLOGIES, INC. (California)
[Proposed] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Honorable Phyllis J. Hamilton
United States District Court Judge
Nonthern District of California
ATTESTATION PURSUANT TO GENERAL ORDER NO. 45
Pursuant to General Order No. 45 of the Northern District of California, I, Joshua S. Hodas, attest that concurrence in the filing of this document has been obtained from each of the other signatories to this document.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 15th day of November, 2011 at Los Angeles, California.
By: Joshua S. Hodas