The opinion of the court was delivered by: Judge William B. Shubb
STIPULATION AND ORDER TO CONTINUE DATE FOR HEARING ON DEFENDANTS' MOTION FOR ATTORNEYS' FEES PURSUANT TO 35 U.S.C. § 285 Date: September 27, 2010 Time: 2:00 p.m. Courtroom 5, 14th Floor
Pending before this Court is Defendants' Motion for Attorneys' Fees Pursuant to 35 U.S.C. § 285 (the "Fee Motion"), set for hearing on September 27, 2010. Plaintiff's counsel has requested a continuance of the hearing date. Accordingly, the parties stipulate as follows:
(a) In compliance with Local Rule 144 (Fed. R. Civ. P. 6), this is the second request for continuance of the hearing date for Defendants' Fee Motion.
(b) The first continuance was upon Defendants' unopposed Ex Parte application to continue the hearing date from July 19, 2010 to September 27, 2010 at 2:00 p.m.
(c) Plaintiff's local counsel, Kathleen Gilbert, is presently on maternity leave.
Furthermore, Plaintiff's counsel, John W. Carpenter, recently has become aware that he will be unavailable for the hearing on the scheduled date because of medical reasons involving his family, and Plaintiff's newly-hired co-counsel, Davis & Leonard, LLP, has just been hired and needs time to review the file and prepare for the hearing.
WHEREFORE, the parties respectfully request that the date for the hearing on the "Fee Motion" be continued from September 27, 2010 to October 25, 2010, at 2:00 p.m.
Based on the stipulation of the parties, it is so ORDERED.
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