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Eakin Enterprises, Inc., A Washington Corporation v. Specialty Sales

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA -- FRESNO DIVISION


June 13, 2012

EAKIN ENTERPRISES, INC., A WASHINGTON CORPORATION PLAINTIFF,
v.
SPECIALTY SALES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY DEFENDANT.
SPECIALTY SALES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
COUNTER-PLAINTIFF,
v.
EAKIN ENTERPRISES, INC., A WASHINGTON CORPORATION, AND JOHN W. EAKIN, AN * INDIVIDUAL
COUNTER-DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

STIPULATION AND ORDER REGARDING DISCLOSURES AND DISCOVERY RELATED TO UNFAIR COMPETITION CLAIMS

Plaintiff and Counterdefendant Eakin Enterprises, Inc., Counterdefendant John W. Eakin 2 (collectively, "Counterdefendants"), and Defendant and Counterclaimant Specialty Sales, LLC 3 ("Defendant"), through their respective counsel, hereby stipulate as follows: 4

WHEREAS, the April 11, 2012 Scheduling Order in this case (ECF Docket No. 37) calls 5 for the parties to exchange initial disclosures related to unfair competition by June 25, 2012; and 6

WHEREAS the Scheduling Order includes a schedule for claims construction 7 culminating in a Markman claims construction hearing currently set for November 7, 2012; and 8

WHEREAS no trial date or general discovery cutoff date has yet been set; and 9

WHEREAS the parties desire to focus their efforts on the patent-related issues in the case 10 prior to the Markman claims construction hearing, and delay disclosures and discovery related to 11 the unfair competition issues in the case until after the Markman hearing. 12

NOW THEREFORE, the parties, through their respective counsel, hereby stipulate and 13 agree as follows: 14

1. That the June 25, 2012 deadline for initial disclosures related to the unfair 15 competition claims in this case be continued until thirty (30) days following a ruling by the court 16 on issues presented at the Markman claims construction hearing; and 17

2. That all discovery related to the unfair competition claims in this case be 18 suspended until thirty (30) days following a ruling by the court on issues presented at the Markman claims construction hearing. 20

Dated: June 12, 2012 STRATTON LAW & MEDIATION P.S. By /Rex B. Stratton Rex B. Stratton Attorneys for Plaintiff/Counter-Defendants Eakin Enterprises, Inc. and John W. Eakin Dated: June 13, 2012 SIERRA IP LAW, PC By /s/ Mark D. Miller Mark D. Miller Attorneys for Defendant/Counter-Plaintiff SPECIALTY SALES LLC

ORDER

Based on the Stipulation of Counsel and good cause being demonstrated through the 3 accompanying declaration of plaintiff's counsel,

IT IS HEREBY ORDERED: 5

1. That the June 25, 2012, deadline for initial disclosures related to the unfair 6 competition claims in this case be continued until thirty (30) days following a ruling by the court 7 on issues presented at the Markman claims construction hearing; and 8

2. That all discovery related to the unfair competition claims in this case be 9 suspended until thirty (30) days following a ruling by the court on issues presented at the 10

Markman claims construction hearing.

IT IS SO ORDERED.

20120613

© 1992-2012 VersusLaw Inc.



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