Lift-U, a Division of Hogan MFG., Inc. v. Ricon Corp. et al
Filing
135
ORDER by Judge Lucy H. Koh granting in part and denying in part 134 Stipulation (lhklc4, COURT STAFF) (Filed on 8/1/2012)
<![CDATA[
1 LARIVIERE, GRUBMAN & PAYNE, LLP
Robert W. Payne, Esq. (Bar No. 073901)
2 Email: rpayne@lgpatlaw.com
3 Scott J. Allen, Esq. (Bar No. 178925)
Email: sallen@lgpatlaw.com
4 Post Office Box 3140
19 Upper Ragsdale Drive
5 Monterey, CA 93942-3140
Telephone: (831) 649-8800
6 Facsimile: (831) 649-8835
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Attorneys for Plaintiff/Counter-Defendant
8 LIFT-U, A DIVISION OF HOGAN MFG.,
INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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LIFT-U, A DIVISION OF HOGAN MFG., INC.,
a California corporation,
)
)
)
Plaintiff,
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vs.
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RICON CORP., a California corporation, and
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WESTINGHOUSE AIR BRAKE
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TECHNOLOGIES CORPORATION dba VAPOR )
BUS INTERNATIONAL, a Delaware corporation, )
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Defendants.
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AND RELATED COUNTERCLAIMS
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LIFT-U, A DIVISION OF HOGAN MFG., INC.,
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a California corporation,
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Plaintiff,
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vs.
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NORTH AMERICAN BUS INDUSTRIES, INC., )
an Alabama Corporation ,
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Defendant.
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)
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Case No: 5:10-cv-01850-LHK and 4:12-cv-01129-LHK
Stipulation and Order to Extend Pending Deadlines
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Case No: 5:10-cv-01850-LHK
STIPULATION AND ORDER TO
EXTEND PENDING DEADLINES
AS MODIFIED
Case No: 4:12-cv-01129-LHK
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The parties held a settlement conference on July 27, 2012 with Magistrate Judge Lloyd.
2 The presidents of the parties were in attendance at the request of the Court. Mark Hogan,
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president of Plaintiff Lift-U, Jim Marcotuli, president of defendant North American Bus
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Industries, and Al Neupaver, CEO of defendant Westinghouse Air Brake Technologies (the
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parent company of defendant Ricon Corporation) were present at the conference.
The settlement conference lasted the entire day, from 9:30 a.m. until after 5:00 p.m.. The
8 parties believe they are close to reaching a settlement, and exchanged a term sheet outlining a
9 possible settlement. Defendants’ counsel is drafting a proposed definitive agreement for review
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by Plaintiff.
At the time of the settlement conference, the parties had pending dates for depositions of
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four expert witnesses, and other outstanding discovery matters. In light of the discussions during
the settlement conference, the parties agreed to postpone the pending discovery.
In order to have time to finalize a settlement, the parties, acting by and through their
16 counsel of record, request a brief continuance of current deadlines in the case.
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NOW, THEREFORE, THE PARTIES STIPULATE AND AGREE AS FOLLOWS:
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The discovery cutoff of August 1, 2012 should be continued for a period of
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approximately 3 weeks, until August 17, 2012 to complete the postponed expert depositions and
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other outstanding discovery matters;
2.
The August 9, 2012 deadline for filing dispositive motions should be postponed
23 until August 30, 2012;
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3.
The last day to hear dispositive motions and case management conference now
25 scheduled for September 13, 2012, should be postponed until October 5, 2012; p.m.;
is continued to October 11, 2012, at 1:30
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Case No: 5:10-cv-01850-LHK and 4:12-cv-01129-LHK
Stipulation and Order to Extend Pending Deadlines
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4.
The pretrial conference currently scheduled for October 31, 2012, should be
is
2 rescheduledto November 15, 2012, at 1:30 p.m.; and as the Court is available;
continued until November 19, 2012, or as seen thereafter
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5.
The trial of this case, remains as setstart November 26, 2012. should be
currently set to on on November 26, 2012,
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rescheduled to December 10, 2012, or as soon thereafter as the Court is available.
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AGREED TO BY THE PARTIES THROUGH THEIR RESPECTIVE COUNSEL OF
7 RECORD.
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9 Dated: July 31, 2012
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LARIVIERE, GRUBMAN & PAYNE, LLP
Dated July 31, 2012
REED SMITH LLP
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12 By: __/s/ Scott J. Allen_________________
Scott J. Allen
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Attorneys for Plaintiff
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LIFT-U, A DIVISION OF HOGAN MFG.,
15 INC.
By: _/s/ Kevin S. Katona (as authorized on
7/31/12)________________________
Kevin S. Katona
Attorneys for Defendants
RICON CORP., WESTINGHOUSE AIR
BRAKE TECHNOLOGIES CORPORATION
dba VAPOR BUS INTERNATIONAL, and
NORTH AMERICAN BUS INDUSTRIES,
INC.
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PURSUANT TO STIPULATION, IT IS SO ORDERED. AS MODIFIED.
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August 1, 2012
Dated: _______________
______________________________________
Hon. Lucy H. Koh
United States District Court Judge
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Case No: 5:10-cv-01850-LHK and 4:12-cv-01129-LHK
Stipulation and Order to Extend Pending Deadlines
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