The opinion of the court was delivered by: The Hon. Susan Illston United States District Judge
KILPATRICK TOWNSEND & STOCKTON LLP ROGER L. COOK (State Bar No. 55208) ROBERT D. TADLOCK (State Bar No. 238479) Two Embarcadero Center, Eighth Floor San Francisco, CA 94111 Telephone: (415) 576-0200 Facsimile: (415) 576-0300 Email: firstname.lastname@example.org email@example.com ERIC M. HUTCHINS (State Bar No. 245462) 1080 Marsh Road Menlo Park, CA 94025 Telephone: (650) 326-2400 Facsimile: (650) 326-2422 Email: firstname.lastname@example.org LAW OFFICES OF JORDAN TRENT JONES JORDAN TRENT JONES (State Bar No. 166600) 100 Spear Street, 18th Floor San Francisco, CA 94105 Telephone: (415) 357-8940 Facsimile: (415) 371-0500 Email: jtjones@JordanJonesIPLaw.com Attorneys for Defendant SIDENSE CORP.
JOINT STIPULATION REGARDING MEDIATION
Pursuant to Civil L.R. 6-2 and 7-12, Plaintiff Kilopass Technology, Inc. ("Kilopass") and Defendant Sidense Corp. ("Sidense") hereby stipulate as follows:
WHEREAS, the Corrected Pretrial Preparation Order (Dkt. No. 155) mandates that the 5 mediation session for both this case and the related action of Sidense Corp. v. Kilopass Tech., Inc., Case No. CV 11-4112 SI (the "Sidense lawsuit") shall be completed by the end of 2011; 7
WHEREAS, the Corrected Pretrial Order states the "mediator selected for this case may 8 also be appointed to the related case" but does not command the parties to conduct a joint 9 mediation session for both cases;
WHEREAS, Sidense and Kilopass, in consultation with the ADR Program Staff Attorneys 11 and the assigned mediator, have agreed to mediate both cases at the same time;
WHEREAS, Sidense's original Complaint was dismissed after Sidense filed a First Amended Complaint adding new allegations, and Kilopass has filed a Second Motion to Dismiss 14 Sidense's First Amended Complaint and does not believe the scope of that case will be sufficiently 15 clear to effectively mediate by the end of 2011; 16
WHEREAS, the extension requested herein would not impact the remaining schedule;
ACCORDINGLY, Kilopass and Sidense hereby request that the Court extend the 18 deadline to complete a joint mediation for both this action and the Sidense Lawsuit until Wednesday, February 29, 2012.
Pursuant to General Order No. 45(X)(B), I hereby attest that I have obtained the 3 concurrence in the filing of this document from all the signatories for whom a signature is 4 indicated by a "conformed" signature (/s/) within this e-filed document and I have on file records 5 to support this concurrence for subsequent production for the court if so ordered or for inspection 6 upon request. 7
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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