UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
September 1, 2010
ABSTRAX INC., PLAINTIFF,
SUN MICROSYSTEMS, INC., DEFENDANT.
The opinion of the court was delivered by: Judge: Hon. Phyllis J. Hamilton
STIPULATED REQUEST TO RESCHEDULE THE DEADLINE FOR MEDIATION AND [PROPOSED] ORDER
Pursuant to Civil L.R. 6-2, Defendant Sun Microsystems, Inc. ("Sun") respectfully requests that the Court reschedule the deadline for the parties to conduct mediation to October 29, 2010.
Plaintiff Abstrax, Inc. ("Abstrax") stipulates to this request.
In Pretrial Order No. 1, the Court specified that mediation "should take place within 30 days of the Court's ruling on the discovery-related motions." See Pretrial Order No. 1, Doc. No. 190. On August 3, 2010, the Court ruled on these discovery-related motions and granted Abstrax's motion to compel production from Sun. See Order re Discovery Motions, Doc. No. 207.
In light of the Court's order, the parties are now conducting additional discovery related to Sun's CDT software tool including, an inspection of source code, document production, and depositions. However, the parties do not foresee completing this additional discovery prior to the Court's current deadline for mediation. The parties strongly believe that any mediation would be much more effective if the parties complete this additional discovery prior to the mediation.
Thus, Sun requests that the Court reschedule the deadline for conducting mediation to October 29, 2010.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
CERTIFICATION BY STEPHANIE WOOD PURSUANT TO GENERAL RULE. NO. 45, SECTION X, RE E-FILING ON BEHALF OF MULTIPLE SIGNATORIES
1. I am an attorney licensed to practice law in the state of California, and an associate in the law firm of Novak Druce Quigg LLP, counsel for defendant Sun Microsystems, Inc. The statements herein are made on my personal knowledge and if called as a witness I could and would testify thereto.
2. The above e-filed document contains multiple signatures. I declare that concurrence has been obtained from each of the other signatories to file this jointly prepared document with the Court.
Pursuant to General Rule No. 45, I shall maintain records to support this concurrence for subsequent production for the Court if so ordered, or for inspection upon request by a party until one year after final resolution of the action (including appeal, if any).
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
Executed this 1st day of September, 2010, at San Francisco, California.
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