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Message: IBM addresses smart LED Lighting, IoT, and Watson at LPS

ANTON HANDAL (Bar No. 113812) [email protected] GABRIEL HEDRICK (Bar No. 220649) [email protected] LAUREN G. KANE (Bar No. 286212) [email protected] HANDAL & ASSOCIATES 750 B. Street, Suite 2510 San Diego, California 92101 Tel: 619.544.6400 Fax: 619.696.0323 Attorneys for Plaintiff E.DIGITAL CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION e.Digital Corporation, Plaintiff, v. iBaby Labs, Inc., doing business as iBABY, Defendants. Case No. 3:15-cv-05790-JST STIPULATION REQUESTING CONTINUANCE OF SEPTEMBER 30, 2016 ADR DEADLINE AND REQUESTING AN ORDER ADOPTING THE PARTIES’ STIPULATION TO MEDIATION UNDER ADR L.R. 6 Current ADR Deadline: September 30, 2016 Action Filed: December 17, 2015 Pursuant to Civil Local Rule 6-2, Plaintiff e.Digital Corporation (“e.Digital”) and Defendant iBaby Labs, Inc. (“iBaby”) (together, the “Parties”) jointly request a continuance of the Parties’ September 30, 2016 deadline for completion of ADR to November 18, 2016 so that the Court’s ADR Unit can appoint a mediator and to provide the Parties with time to schedule the mediation with the Court-appointed mediator. STIPULATION WHEREAS, on December 17, 2015, e.Digital filed a complaint for patent infringement against iBaby (“Original Complaint”) (ECF No. 1); WHEREAS, in accordance with the Stipulation selecting the ADR process of private Case 3:15-cv-05790-JST Document 54 Filed 09/20/16 619.544.6400 FAX: 619.696.0323 mediation, the Court entered an Order on March 4, 2016, which required the Parties to complete mediation on or before June 2, 2016 (ECF No. 27); WHEREAS, on May 27, 2016, the Parties stipulated to continue the mediation deadline to July 29, 2016, which stipulation was granted by the Court (ECF Nos. 39 and 42); WHEREAS, on July 27, 2016, the Parties filed a stipulation with the Court to continue the mediation deadline to September 30, 2016 in light of scheduling conflicts of the Parties and in light of a pending motion to dismiss filed by Defendant (ECF No. 49); WHEREAS, the Parties’ July 27, 2016 stipulation further contained an agreement by the Parties amending their original ADR stipulation to select Court mediation under ADR L.R. 6 and a request that the Court adopt the Parties’ stipulation (id.); WHEREAS, the Court entered an order on the Parties’ stipulation on July 28, 2016 (ECF No. 50); WHEREAS, as of September 15, 2016, the Court’s ADR Unit had not yet appointed a mediator for this case; WHEREAS, the undersigned counsel for Plaintiff contacted the ADR Unit on September 15, 2016 to inquire regarding the appointment of a mediator; WHEREAS, a representative from the ADR Unit informed counsel for Plaintiff that it was unaware of the amended stipulation of the Parties filed in the case and informed Plaintiff’s counsel that it was unlikely that a mediation could be scheduled before the current September 30, 2016; WHEREAS, the Parties are informed the ADR Unit has begun the process of appointing a mediator; and WHEREAS, once a mediator is appointed, the Parties and the mediator will need additional time to schedule a mediation at a time convenient to all parties. In light of the foregoing, the Parties respectfully request an order adopting the Parties’ stipulation selecting mediation under ADR L.R. 6 and continuing the July 29, 2016 ADR deadline to November 18, 2016. IT IS HEREBY STIPULATED, CONSENTED TO AND AGREED that the Parties will participate in mediation pursuant to ADR L.R. 6 instead of private mediation and that the September 30, 2016 mediation deadline should be continued to November 18, 2016 or such other date as set by the Court. IT IS SO STIPULATED. Dated: September 20, 2016 HANDAL & ASSOCIATES By: /s/ Gabriel Hedrick f Attorneys for Plaintiff E.DIGITAL CORPORATION INHOUSE CO. LAW FIRM Dated: September 20, 2016 By: /s/ Alexander Chen________ Attorneys for Defendant iBaby Labs, Inc. ATTESTATION I, Gabriel G. Hedrick, am the ECF user whose ID and password are being used to file this Stipulation. In compliance with Local Rule 5-1(3), I hereby attest that Alexander Chen has concurred in the content of the Stipulation and has authorized this filing. Respectfully submitted, HANDAL & ASSOCIATES DATED: September 20, 2016 By: /s/ Gabriel G. Hedrick______ Attorneys for Plaintiff e.Digital Corporation

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