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Acco Brands Usa LLC, Inc v. Comarco Wireless Technologies

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


July 25, 2012

ACCO BRANDS USA LLC, INC.,
PLAINTIFF AND COUNTERCLAIM DEFENDANT,
v.
COMARCO WIRELESS TECHNOLOGIES,
DEFENDANT AND COUNTERCLAIM PLAINTIFF.

The opinion of the court was delivered by: Judge: Hon. Richard Seeborg

JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING SINGLE DEADLINE IN AMENDED CASE MANAGEMENT SCHEDULING ORDER (DKT. ENTRY NO. 28)

Trial date: January 27, 2014

Pursuant to Civil Local Rules 6-1(b) and 7-12, plaintiff and counterclaim defendant ACCO BRANDS USA LLC and defendant and counterclaimant COMARCO WIRELESS 25 25

TECHNOLOGIES, INC. ("Comarco"), by and through their respective undersigned 26 26 counsel, hereby submit this joint stipulation, and respectfully request the Court enter the 27 27 following [proposed] order extending by one week the current August 1, 2012 deadline 28 28 under the Court's Amended Case Management Scheduling Order (Dkt. Entry No. 28) (the 2 "Order"), at 2:20-21, for the parties to exchange preliminary claim constructions and 3 extrinsic evidence. 4 6 action setting various deadlines in the proceedings, including claim construction 7 scheduling; 8

RECITALS

A. WHEREAS, on April 3, 2012, the Court entered the Order in the within

B. WHEREAS, among other deadlines, the Order set the following deadline:

"The parties shall exchange preliminary claim constructions and extrinsic evidence no later 10 10 than August 1, 2012" (Order, at 2:20-21 (emphasis in original)); 11 11 12 12 one week to allow them to devote additional time to their continued good faith meet and 13 13 confer efforts and disclosure obligations under Patent Local Rules 4-1(b) and 4-2(a); 14 14 15 15 the Order, and the only time modification requested (and granted by the Court) previously 16 16 concerned the time within which Comarco was to answer the complaint and the date on 17 17 which the Court would hold the Case Management Conference (see Order dated January 18 E. WHEREAS, the extension requested herein will have no impact on any other 20 20 deadlines or dates set forth in the Order. 21 21 23 23 counsel, hereby STIPULATE and AGREE to the following modification of the Order: The 24 24 August 1, 2012 deadline for the parties to exchange preliminary claim constructions and 25 25 26 26 27 27 28 28

C. WHEREAS, the parties desire to have the foregoing deadline extended by D. WHEREAS, there have been no modifications of any deadlines set forth in 10, 2012); and, 19 19

STIPULATION

NOW, THEREFORE, the parties, by and through their respective undersigned extrinsic evidence (see Order, at 2:20-21) is extended by one week-that is, the deadline is 2 now August 8, 2012. 3 4

Dated: July 25, 2012. KILPATRICK TOWNSEND & STOCKTON LLP 5 By //s// A. James Isbester 6 Attorneys for Plaintiff and Counterclaim Defendant 7 ACCO BRANDS USA LLC 8 9 Dated: July 25, 2012. PILLSBURY WINTHROP SHAW PITTMAN LLP 10 10 By //s// Colin T. Kemp 11 11 Attorneys for Defendant and Counterclaim Plaintiff 12 12 COMARCO WIRELESS TECHNOLOGIES, INC. 13 13 14 14 GENERAL ORDER 45 ATTESTATION 15 15 In accordance with General Order 45, X.B., I hereby attest that Mr. Isbester 16 16 concurred in this filing. 17 17 By //s// Colin T. Kemp 18 18 Attorneys for Defendant and Counterclaim Plaintiff COMARCO WIRELESS TECHNOLOGIES, INC.

PURSUANT TO STIPULATION, IT IS SO ORDERED. 24 24

United States District Court Judge Richard Seeborg

20120725

© 1992-2012 VersusLaw Inc.



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