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Road Science, L.L.C., A Delaware Limited Liability Company v. Telfer Oil Company D/B/A Windsor Fuel Company Windsor

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


October 17, 2011

ROAD SCIENCE, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
TELFER OIL COMPANY D/B/A WINDSOR FUEL COMPANY WINDSOR FUEL COMPANY, A CALIFORNIA PARTNERSHIP, TELFER TANK LINES, INC., A CALIFORNIA CORPORATION, TELFER ENTERPRISES, INC., A CALIFORNIA CORPORATION AND ASPHALT SERVICE COMPANY, A CALIFORNIA CORPORATION, DEFENDANTS.

SEGAL & KIRBY LLP James P. Mayo, SBN 169897 770 L Street, Suite 1440 Sacramento, CA 95814 Telephone: (916) 441-0828 jmayo@segalandkirby.com HALL, ESTILL, HARDWICK, GABLE, GOLDEN & NELSON, P.C. John F. Heil, III, OBA #15904, pro hac vice Robert P. Fitz-Patrick, OBA #14713, pro hac vice 320 South Boston Avenue, Suite 200 Tulsa, Oklahoma 74103 Telephone (918) 594-0400 jheil@hallestill.com rfitzpatrick@hallestill.com ATTORNEYS FOR PLAINTIFF ROAD SCIENCE, LLC Please see continuation page for a complete list of the parties and their respective counsel.

STIPULATION AND ORDER REGARDING CLAIM CONSTRUCTION BRIEFING SCHEDULE

CONTINUATION SHEET: PARTIES AND THEIR RESPECTIVE COUNSEL NAGELEY, MEREDITH & MILLER, INC. Andrea M. Miller 8001 Folsom Boulevard, Suite 100 Sacramento, CA 95826 Telephone: (916) 386-8282 amiller@nmlawfirm.com LAW OFFICES OF DAVID A. MAKMAN David A. Makman 90 New Montgomery St., Ste. 600 San Francisco, CA 94105 Telephone: (415) 777-8572 dmakman@makmanlaw.com NOVAK DRUCE & QUIGG LLP Robert F. Kramer Gregory V. Novak Eric Shih Stephanie Wood 555 Mission Street, 34th Floor San Francisco, CA 94105 Phone: (415) 814-6161 robert.kramer@novakdruce.com greg.novak@novakdruce.com eric.shih@novakdruce.com stephanie.wood@novakdruce.com ATTORNEYS FOR DEFENDANTS TELFER OIL COMPANY D/B/A WINDSOR FUEL COMPANY, TELFER TANK LINES, INC., TELFER ENTERPRISES, INC. AND ASPHALT SERVICE COMPANY

Plaintiff Road Science, LLC ("Road Science") and Defendants Telfer Oil Company, d/b/a Windsor Fuel Company, Telfer Tank Lines, Inc., Telfer Enterprises, Inc., and Asphalt Service Company (collectively "Defendants"), submit the following stipulation and proposed order regarding the remaining two dates of the claim construction briefing schedule set by this Court's Scheduling Order of August 10, 2011 as amended September 16, 2011 (and as proposed to be amended by the Stipulation and Proposed Order of the parties of September 26, 2011).

Based on the unforeseen need of Plaintiff for a brief extension of the filing date for their Reply Claim Construction brief, Plaintiff and Defendants have agreed to modify (subject to the Court's approval) the remaining two dates of the claim construction briefing schedule. This stipulation is not intended to and if approved by the Court would not affect any other dates in the Court's scheduling order including the claim construction hearing. Accordingly, Plaintiff and Defendants hereby state, stipulate and agree, subject to the Court's approval, to modify the schedule for the remaining two dates of the claim construction briefing schedule as follows:

1. October 20, 2011-- Plaintiff's Reply Claim Construction Brief. (To be served by email and Federal Express for next day receipt.)

2. November 1, 2011 -- Defendants' Reply Claim Construction Brief. Defendants reserve the right to file a Reply Claim Construction Brief not to exceed 5-pages addressing newly raised arguments, if any, in Plaintiff's Reply Claim Construction Brief. Plaintiff reserves the right to object to such brief if no new arguments are presented in Plaintiff's Reply Claim Construction Brief. (To be served by email and Federal Express for next day receipt.)

IT IS SO STIPULATED.

IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE

20111017

© 1992-2011 VersusLaw Inc.



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