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Solannex, Inc v. Miasole

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


April 3, 2012

SOLANNEX, INC.,
PLAINTIFF,
v.
MIASOLE, INC.,
DEFENDANT.

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

Gregory S. Tamkin (State Bar No. 175009) Claude M. Stern (State Bar No. 96737) Case Collard (State Bar No. 245834) Ray Zado (State Bar No. 208501) 2 DORSEY & WHITNEY LLP Anna T. Neill (State Bar No. 270858) 1400 Wewatta Street, Suite 400 QUINN E U & 3 MANUEL RQUHART SULLIVAN, LLP Denver, CO 80202-5549 555 Twin Dolphin Drive, 5th Floor 4 Telephone: (303) 629-3400 Redwood Shores, California 94065-2139 Facsimile: (303) 629-3450 Telephone: (650) 801-5000 5 Email: tamkin.greg@dorsey.com Facsimile: (650) 801-5100 Email: collard.case@dorsey.com Email: claudestern@quinnemanuel.com

Counsel for Plaintiff Solannex, Inc. ("Solannex") has a personal conflict with the current trial date and has conferred with Defendant MiaSole, Inc. ("MiaSole, Inc.") regarding an 19 amendment to the Case Management Order to extend the trial date. The parties ultimately agreed 20 to the dates as listed below.

22 at that time. MiaSole indicate a 14 week delay with a trial date of December 3, 2012 would be 23 acceptable; Solannex agreed.1

Cases Should Be Related (E.C.F. No. 109)-it intends to move for the Court to consolidate or coordinate this case with the recently filed 12-cv-00832-PSG case (between the same parties on related patents and the same technology).

Should the consolidation or coordination be ordered MiaSole would request that the trial on both cases be either the same (if there is consolidation) or coordinated, and likely rescheduled to some time in late 2013 (to accommodate

compliance with local patent rules, including time for a new Markman proceeding and discovery in the more recently filed case). Nothing in this stipulation prejudices MiaSole's arguments or positions regarding consolidation or a further delay of trial in this case.

03996.51801/4682899.2 1

STIPULATED MOTION FOR AMENDED CASE MANAGEMENT ORDER

Attorneys for Plaintiff Solannex, Inc. Email: rayzado@quinnemanuel.com Email: annaneill@quinnemanuel.com Attorneys for Defendant MiaSole, Inc.

ORDER GRANTING STIPULATED MOTION FOR AMENDED CASE MANAGEMENT ORDER

Solannex initially sought a five week extension, but counsel for MiaSole was not available 1 MiaSole wishes to emphasize that-as discussed in its Response to Administrative Motion to Consider Whether 2 an Amended Case Management Order modifying the schedule set forth in the Court's Second 3 Amended Case Management Order (ECF No. 79, filed August 19, 2011) as follows: 4 5

Report construction ruling construction ruling 7

Advice of Counsel Disclosure 50 days after claim 50 days after claim construction ruling construction ruling 8Fact Discovery Cutoff May 4, 2012 July 13, 2012 By and through their respective undersigned counsel, the parties hereby move the Court for

EVENT CURRENT DEADLINE PROPOSED DEADLINE

Further Joint Case Management within 30 days of claim within 30 days of claim 6 Designation of Opening Experts May 11, 2012 July 27, 2012 10 with Reports 11 Expert Discovery Cutoff June 8, 2012 August 31, 2012 13 Deadline(s) for Filing Discovery See Civil Local Rule 37-3 See Civil Local Rule 37-3Motions 14 Dispositive Motions 16 Final Pretrial Conference 2:00 p.m. on August 14, 2012 2:00 P.M. on November 27, 18 2012 Trial 9:30 a.m. on Aug. 27, 2012 9:00 A.M. December 3, 2012 Designation of Rebuttal Experts May 25, 2012 August 17, 2012 with Reports 12 Deadline for Filing and Serving See Civil Local Rule 7-2 September 14, 2012 15 Last Day for Dispositive Motion 10:00 a.m. on July 10, 2012 10:00 A.M. on November 6, Hearing 2012 17

I, Case Collard, attest that concurrence in the filing of this document has been obtained

/s/ Case Collard /s/ Ray Zado

IT IS SO ORDERED.

U.S. Magistrate Judge

AMENDED CASE MANAGEMENT ORDER, to be electronically filed with the court, which will 15 cause a Notice of Electronic Filing to be automatically generated by the court's electronic filing 16 system and sent to all parties in this case. Pursuant to General Order No. 45, Sections II.G. and IX, the Notice of Electronic Filing when e-mailed to the email addresses of record for counsel in 18 the case constitutes service on the receiving parties.

CERTIFICATE OF SERVICE

On April 2, 2012, I caused the foregoing document, titled STIPULATED MOTION FOR

/s/ Case Collard Case Collard

20120403

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