UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION
September 20, 2012
WAL-MART STORES, INC., DEFENDANT.
The opinion of the court was delivered by: Judge: The Hon. Morrison C. England, Jr.
JOINT STIPULATION AND ORDER TO CHANGE DATES
IT IS HEREBY STIPULATED, by and between Plaintiff Worldslide, LLC ("Plaintiff") and Defendant Wal-Mart Stores, Inc. ("Defendant") (hereinafter referred to collectively as "the Parties"), by and through their counsel of record as follows:
WHEREAS, this action, which was filed on July 8, 2011, alleges infringement of U.S. Patent No. 7,309,302 ("the patent-in-suit);
WHEREAS, plaintiff in this action alleges that Walmart sold products that infringe the patent-in-suit ("the Accused Products");
WHEREAS, an action known as AquaWood, LLC v. Worldslide, LLC and Forest B. Phillips, Case No. CV11-5611-JFW ("the AquaWood Case"), was filed on July 7, 2011, is pending in the United States District Court for the Central District of California, and seeks a declaratory judgment that the patent-in-suit in this action is invalid and not infringed by AquaWood;
WHEREAS, the Accused Products in this action are a subset of the products at issue in the AquaWood case;
WHEREAS, the AquaWood case was set for trial on July 31, 2012 but the dates in the AquaWood Case have been continued, such that the new trial date is November 27, 2012;
WHEREAS, the Parties to the Action agree that it is in the interest of judicial efficiency to continue all dates set in the Court's January 19, 2012 Pretrial Scheduling Order in this action by six months so that the AquaWood case precedes this action;
The resolution of the AquaWood Case may eliminate the need to continue to litigate this action;
NOW, THEREFORE, pursuant to Civil Local Rule 144(a), the undersigned parties hereby stipulate and respectfully request the Court order as follows: that all dates set in the Court's January 19, 2012 Pretrial Scheduling Order be continued by six months, as follows:
Event Date in 01/19/2012 Proposed New
Pretrial Scheduling Order Date
Close of Fact Discovery October 19, 2012 April 19, 2013 Designation of Experts December 19, 2012 June 19, 2013 Last Day to Hear April 18, 2013 October 18, 2013 Dispositive Motions Joint Final Pretrial June 6, 2013 December 6, 2013 Conference Statement Evidentiary and Procedural June 6, 2013 December 6, 2013 Motions Trial Briefs June 13, 2013 December 13, 2013 Oppositions to Evidentiary June 13, 2012 December 13, 2013 and Procedural Motions Reply Evidentiary and June 20, 2013 December 20, 2013 Procedural Motions Final Pretrial Conference June 27, 2013 December 27, 2013 Trial August 19, 2013 February 19, 2014
IT IS SO STIPULATED.
DATED: August 30, 2012 FOLEY & LARDNER, LLP By: /s/ Laura L. Chapman Laura L. Chapman Victor de Gyarfas Attorneys for Defendant Wal-Mart Stores, Inc. DATED: August 30, 2012 BERNHEIM, GUTIERREZ & MCCREADY By: /s/ William S. Bernheim William S. Bernheim Attorneys for Plaintiff Worldslide, LLC
The parties' Request to Change Dates is GRANTED. The Court's January 19, 2012 Pretrial Scheduling Order [ECF No. 11] is vacated. An amended Pretrial Scheduling Order will issue.
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE
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