Bel Conor International, LTD. v. Solta Medical, Inc., No. 3:2009cv04391 - Document 37 (N.D. Cal. 2010)
Court Description: ORDER GRANTING 35 Stipulation to Continue CMC. Case Management Statement due by 2/4/2011. Case Management Conference set for 2/11/2011 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 11/24/10. (jjoS, COURT STAFF) (Filed on 11/24/2010)
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Bel Conor International, LTD. v. Solta Medical, Inc. Doc. 37 Case3:09-cv-04391-JSW Document35 1 2 3 4 5 6 7 8 9 10 Filed11/18/10 Page1 of 6 MICHAEL BARNES (State Bar No. 121314) IAN R. BARKER (State Bar No. 240223) SNR DENTON US LLP 525 Market Street, 26th Floor San Francisco, CA 94105-2708 Telephone: (415) 882-5000 Facsimile: (415) 882-0300 Emails: michael.barnes@snrdenton.com ian.barker@snrdenton.com ROBERT W. HAYES (admitted pro hac vice) COZEN O’CONNOR 1900 Market Street Philadelphia, PA 19107 Telephone: (215) 665-2000 Facsimile: (215) 665-2013 Email: rhayes@cozen.com Attorneys for Plaintiff BEL CONOR INTERNATIONAL, LTD. SNR DENTON US LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 (415) 882-5000 11 12 13 14 15 TOD L. GAMLEN (State Bar No. 83458) KEITH L. WURSTER (State Bar No. 198918) BAKER & McKENZIE LLP 660 Hansen Way Palo Alto, CA 94304-1044 Telephone: (650) 856-2400 Facsimile: (650) 856-9299 Emails: tod.l.gamlen@bakernet.com keith.l.wurster@bakernet.com 16 17 Attorneys for Defendant SOLTA MEDICAL, INC. 18 UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA 20 SAN FRANCISCO DIVISION 21 22 BEL CONOR INTERNATIONAL, LTD., a foreign corporation incorporated in Hong Kong, 23 24 25 Plaintiff, Case No. CV 09-4391-JSW STIPULATION AND [PROPOSED] ORDER STAYING ACTION AND CONTINUING INITIAL CASE MANAGEMENT CONFERENCE vs. SOLTA MEDICAL, INC., a Delaware Corporation, 26 Defendant. Current Initial Case Management Conference Date: December 3, 2010 Time: 1:30 p.m. Place 9th Floor, Courtroom 11 Before: Hon. Jeffrey S. White 27 28 No. CV 09-4391-JSW STIPULATION TO STAY ACTION AND CONTINUE INITIAL CASE MANAGEMENT CONFERENCE Dockets.Justia.com Case3:09-cv-04391-JSW Document35 1 Filed11/18/10 Page2 of 6 Pursuant to the Court’s Order, dated August 31, 2010, and Civil Local Rules 6-1(b) and 2 6-2, the parties submit this Joint Stipulation requesting that this action remain stayed, and the 3 parties’ Initial Case Management Conference currently scheduled for December 3, 2010 be 4 continued for approximately sixty (60) days. The parties, accordingly, by and through their 5 respective counsel, hereby stipulate and agree to the following: 6 On September 17, 2009, Plaintiff Bel Conor International, Ltd. (“Bel Conor”) filed a Complaint and Motion for a Preliminary Injunction against Defendant Solta Medical, Inc. 8 (“Solta”), arising out of a dispute concerning the parties’ International Distribution Agreement 9 (“Agreement”). Bel Conor sought to obtain preliminary injunctive relief prohibiting Solta from 10 interfering with its asserted rights under the Agreement to exclusively distribute the ThermaCool 11 SNR DENTON US LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 (415) 882-5000 7 System in China, granting any other party distribution rights to the ThermaCool System in the 12 territory and increasing the price of the ThermaCool System pending the resolution of an 13 arbitration between the parties. In accordance with the arbitration clause in the Agreement, Bel 14 Conor filed a Statement of Claim with the American Arbitration Association on or about 15 September 23, 2009, seeking specific performance of the Agreement and damages. 16 Solta responded by filing an opposition to Bel Conor’s Motion for Preliminary 17 Injunction and a Motion to Dismiss the Complaint, disputing, among other things, Bel Conor’s 18 asserted right to exclusively distribute the “ThermaCool System” in China, the issuance of an 19 injunction to enforce an exclusive distribution agreement under California law, as well as the 20 general scope and character of the rights asserted by Bel Conor in the Complaint, Motion for 21 Preliminary Injunction and notice of arbitration. 22 Thereafter, the parties reached an interim agreement that while in place, and is adhered 23 to, eliminates the need for Bel Conor to obtain injunctive relief. This interim agreement was 24 memorialized in a joint Stipulation which was filed with this Court on October 16, 2009. 25 [Docket 28]. By way of this Stipulation, the parties agreed that Bel Conor’s Motion for 26 Preliminary Injunction and Solta’s Motion to Dismiss will be taken off the Court’s calendar, and 27 this action stayed pending the resolution of the parties’ arbitration proceedings. The Stipulation 28 No. CV 09-4391-JSW 1 STIPULATION TO STAY ACTION AND CONTINUE INITIAL CASE MANAGEMENT CONFERENCE Case3:09-cv-04391-JSW Document35 Filed11/18/10 Page3 of 6 1 further provided, among other things, that: (a) Solta and Bel Conor would immediately reinstate 2 the Agreement from October 14, 2009 through the date that the parties reach a negotiated 3 agreement concerning the present dispute, or the date that the parties resolve their current 4 dispute in arbitration, which ever date shall come first (hereinafter referred to as the 5 “Reinstatement Period”); and, (b) that Solta and Bel Conor will notify the Court after the 6 Reinstatement Period has ended as to whether any further proceedings are necessary in this 7 action and/or this action shall be dismissed. 8 9 On October 19, 2009, the Court approved and entered the parties’ Stipulation, which resulted in the stay of this action pending the resolution of the parties’ arbitration proceedings or further order of the Court. [Docket 29]. Thereafter, the Court ordered that the parties’ Initial 11 SNR DENTON US LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 (415) 882-5000 10 Case Management Conference set for January 15, 2010 be continued to March 12, 2010, and 12 that the parties submit a Joint Case Management Conference Statement by March 5, 2010. 13 [Docket 30]. 14 On March 5, 2010, the parties filed a Joint Case Management Conference Statement 15 informing that there were currently no legal issues before the Court since this matter was stayed 16 pursuant to the parties’ joint Stipulation for interim relief and the arbitration proceedings 17 remained pending. [Docket 31]. Consequently, on March 8, 2010, the Court ordered that the 18 parties’ Initial Case Management Conference set for March 12, 2010 be continued to September 19 10, 2010, and that the parties submit a Joint Case Management Conference Statement on or 20 before September 3, 2010. [Docket 32]. 21 On August 30, 2010, the parties submitted a second Joint Case Management Conference 22 Statement informing the Court that the arbitration proceedings remain pending and the parties 23 had reached agreement as to the material terms of a settlement, which was in the process of 24 being finalized and executed. [Docket 33]. The parties, accordingly, requested that this action 25 remain open, but stayed, until the parties have finalized the form of the settlement agreement, 26 and Arbitration is closed. [Docket 33]. 27 28 No. CV 09-4391-JSW 2 STIPULATION TO STAY ACTION AND CONTINUE INITIAL CASE MANAGEMENT CONFERENCE Case3:09-cv-04391-JSW Document35 Filed11/18/10 Page4 of 6 1 On August 31, 2010, the Court entered a Case Management Order (hereinafter, “August 2 31st Order”) continuing the parties’ Initial Case Management Conference to December 3, 2010, 3 and ordering that this matter will remain open, but stayed pending resolution of the parties’ 4 arbitration proceedings and further Order of this Court. [Docket 34]. The Court’s August 31st 5 Order further instructed that: 6 7 If there will be further proceedings in this case, the parties shall submit a further case management conference statement by no later than November 24, 2010. If, however, the parties jointly request a further continuance and stay, they need only submit a stipulation and proposed order to that effect by November 24, 2010. 8 9 10 SNR DENTON US LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 (415) 882-5000 11 [Docket 34]. The parties are still in the process of finalizing the form of the settlement agreement. The 12 parties expect that a settlement agreement will be finalized and executed within the next sixty 13 (60) days. Therefore, in accordance with the procedure set forth in the Court’s August 31st 14 Order, the parties stipulate, agree and jointly request that this action remain stayed until the 15 parties have finalized the form of the settlement agreement, and Arbitration is closed. The 16 parties further request that the parties’ Initial Case Management Conference currently scheduled 17 for December 3, 2010 be continued for approximately sixty (60) days. 18 19 Dated: November 18, 2010 20 Respectfully submitted, SNR DENTON US LLP 21 By_______/s/ Ian R. Barker ______ IAN R. BARKER 22 23 Attorneys for Plaintiff BEL CONOR INTERNATIONAL, LTD. 24 25 26 27 28 No. CV 09-4391-JSW 3 STIPULATION TO STAY ACTION AND CONTINUE INITIAL CASE MANAGEMENT CONFERENCE Case3:09-cv-04391-JSW Document35 1 Dated: November 18, 2010 Filed11/18/10 Page5 of 6 BAKER & McKENZIE 2 By__________/s/ Keith L. Wurster______ KEITH L. WURSTER 3 4 Attorneys for Defendant SOLTA MEDICAL, INC. 5 6 7 8 ATTESTATION CLAUSE I attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories. 9 10 Dated: November 18, 2010 SNR DENTON US LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 (415) 882-5000 11 By: _______/s/ Ian R. Barker__________ IAN R. BARKER 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No. CV 09-4391-JSW 4 STIPULATION TO STAY ACTION AND CONTINUE INITIAL CASE MANAGEMENT CONFERENCE Case3:09-cv-04391-JSW Document35 Filed11/18/10 Page6 of 6 1 [PROPOSED] ORDER 2 Pursuant to the parties’ stipulation and Local Rule 6-1(b) and 6-2, it is hereby ordered that 3 this matter will remain open, but stayed, pending resolution of the parties’ arbitration 4 proceedings and further Order of this Court. It is further hereby ordered that the Case 5 Management Conference currently set for December 3, 2010 at 1:30 p.m. shall be continued for 6 7 a period of sixty (60) days. to February 11, 2011 at 1:30 p.m. A joint case management statement shall be due on or before February 4, 2011. IT IS SO ORDERED. 8 9 10 11 SNR DENTON US LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 (415) 882-5000 Dated: November 24, 2010 _______________ 12 __________________________________ Hon. Jeffrey S. White 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No. CV 09-4391-JSW 5 STIPULATION TO STAY ACTION AND CONTINUE INITIAL CASE MANAGEMENT CONFERENCE
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