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Live Eyewear, Inc v. Ideavillage Products Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


June 17, 2011

LIVE EYEWEAR, INC.,
PLAINTIFF AND COUNTER-DEFENDANT,
v.
IDEAVILLAGE PRODUCTS CORP., DBA HD VISION, AND ANAND KHUBANI,
DEFENDANTS AND COUNTER-PLAINTIFFS.

The opinion of the court was delivered by: The Hon. Paul S. Grewal United States Magistrate Judge

JOINT STIPULATION TO CONTINUE THE COURT'S FEBRUARY 15, 2011 CASE MANAGEMENT ORDER

WHEREAS, Plaintiff LIVE EYEWEAR, INC. and Defendants IDEAVILLAGE PRODUCTS CORP. and ANAND KHUBANI have agreed that the schedule contained in the Court's February 15, 2011 Case Management Order (ECF 222) should be continued until after the Court rules on the four pending motions ("Pending Motions").*fn1 Three of the Pending Motions scheduled for oral argument on June 28, 2011, at 10:00 a.m., before the Hon. Paul S. Grewal, and the 2 fourth Pending Motion was taken under submission by the Court. The parties agree that the Court's 3 ruling on the Pending Motions may affect a number of claims in this case and, consequently, 4 drastically affect the schedule;

WHEREAS, Plaintiff LIVE EYEWEAR, INC. and Defendants IDEAVILLAGE PRODUCTS CORP. and ANAND KHUBANI continue to engage in amicable settlement 7 discussions in a joint effort to finalize terms of a settlement agreement that would result in the 8 dismissal of this litigation. The parties believe that it would promote the interests of efficiency and 9 judicial economy if the currently scheduled dates were continued to allow the parties an opportunity 10 to finalize settlement without further litigation;

WHEREAS, Plaintiff LIVE EYEWEAR, INC. has not before asked the Court to continue the deadlines in the Court's February 15, 2011 Case Management Order (ECF 222). Defendants IDEAVILLAGE PRODUCTS CORP. and ANAND KHUBANI have only requested that the Court 14 continue deadlines in the Court's February 15, 2011 Case Management Order (ECF 222) with 15 respect to deadlines that applied to Dioptics Medical Products Inc. (ECF 225). Defendants 16

IDEAVILLAGE PRODUCTS CORP. and ANAND KHUBANI have settled with Dioptics Medical Products, Inc. and its claims were dismissed on April 11, 2011 (ECF 243).

IT IS HEREBY STIPULATED AND AGREED by and between the attorneys for Plaintiff LIVE EYEWEAR, INC. and Defendants IDEAVILLAGE PRODUCTS CORP. and ANAND KHUBANI that the schedule contained in the Court's February 15, 2011 Case Management Order (ECF 222) should be continued until after the Court rules on the Pending Motions.

IT IS HEREBY FURTHER STIPULATED AND AGREED by and between the attorneys for Plaintiff LIVE EYEWEAR, INC. and Defendants IDEAVILLAGE PRODUCTS CORP. and ANAND KHUBANI that the parties will submit a joint proposed case management schedule to the Leave to Re-Depose Anand Khubani (ECF 244); and (4) Plaintiff Live Eyewear's Unopposed Motion for Issuance of Letter of Request to Depose a Foreign Third-Party (ECF 260).

Respectfully submitted,

Dated: June 16, 2011 4 By: /s/ Jay L. Raftery, Jr. Jay L. Raftery, Jr. Attorney for Plaintiff Live Eyewear, Inc. Dated: June 16, 2011 Venable LLP By: /s/ Tamany Vinson Bentz Roger A. Colaizzi Tamany Vinson Bentz Attorneys for Defendants Ideavillage Products, Corp. and Anand Khubani Dated: June 16, 2011 By: /s/ Jay L. Raftery Attorney for Plaintiff

PURSUANT TO STIPULATION, IT IS SO ORDERED. The trial date, however, shall remain unchanged. See Civ. L.R. 40-1 ("No 13 continuance of a scheduled trial date will be granted except by order of the Court issued in response to a motion made in accordance with the provisions of Civil L.R. 7.").

SIGNATURE ATTESTATION

I am the ECF User whose identification and password are being used to file the foregoing Joint Stipulation to Continue the Court's February 15, 2011 Case Management Order. In 4 compliance with General Order 45.X.B., I hereby attest that the other signatories to this filing have 5 concurred in this filing.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 16th day of June, 2011, a copy of the foregoing JOINT STIPULATION TO CONTINUE THE COURT'S FEBRUARY 15, 2011 CASE MANAGEMENT ORDERwas served electronically via the United States District Court -- Northern District of California's CM/ECF electronic system: Roger A. Colaizzi (Admitted Pro hac vice) Venable LLP 575 7th Street, NW Washington, DC 20004 Telephone: (202) 344-4000 Facsimile. (202) 344-8300 Email: racolaizzi@venable.com Tamany Vinson Bentz (State Bar No. 258600) Venable, LLP 2049 Century Park East, #2100 Los Angeles, CA 90067 Telephone: (310) 229-9900 Facsimile: (310) 229-9901 Email: tbentz@venable.com Attorneys for Defendants Ideavillage Products Corp. and Anand Khubani By: /s/ Jay L. Raftery Attorney for Plaintiff


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