WebQuest.com Inc. v. Hayward Industries

Filing 53

STIPULATION and ORDER To Extend Case Schedule, signed by Judge Oliver W. Wanger on 12/21/2010. (Discovery Cut-Off: 2/28/2011, Non-Dispositive Motion Filing Deadline: 3/11/2011, Last date to hear Non-Dispositive Motions 4/14/2011, Dispositive Moti on Filing Deadline: 4/11/2011, Last date to hear Dispositive Motions 5/16/2011, Settlement Conference set for 3/2/2011 at 09:30 AM in Bakersfield at Truxtun (JLT) before Magistrate Judge Jennifer L. Thurston, Pretrial Conference set for 6/20/2011 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, Jury Trial set for 7/26/2011 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) (Gaumnitz, R)

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Don A. Hernandez, Esq. (SBN 125119) HERNANDEZ SCHAEDEL & ASSOCIATES, LLP 2 North Lake Avenue, Suite 930 Pasadena, California 91101 Telephone: [phone] Facsimile: [phone] E-mail address: [e-mail] Scott S. Christie (admitted pro hac vice) Mark H. Anania (admitted pro hac vice) McCARTER & ENGLISH, LLP Four Gateway Center 100 Mulberry Street Newark, NJ 07102 Attorneys for Defendant and Counterclaimant HAYWARD INDUSTRIES, INC. [See Signature Page for Additional Counsel] UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ____________________________________ ) ) ) Plaintiff, ) ) v. ) ) HAYWARD INDUSTRIES, INC., ) ) Defendant. ) ____________________________________) ) AND RELATED CROSS-ACTION ) ____________________________________) WEBQUEST.COM, INC. Case No. 1:10-cv-00306-OWW-JLT [Assigned to Hon. Oliver W. Wanger] STIPULATION AND ORDER TO EXTEND CASE SCHEDULE; Filed concurrently with Declarations of Scott S. Christie and Brett E. Lewis Discovery Cut-Off: January 13, 2011 Pretrial Conference: May 2, 2011 Trial Date: June 7, 2011

Plaintiff WebQuest.com, Inc. ("WebQuest") and Defendant Hayward Industries, Inc. ("Hayward") jointly submit the following Joint Stipulation to Extend Case Schedule for approval by this Court. A. The Parties' Diligent Pursuit of Discovery WHEREAS, on January 27, 2010 Plaintiff WebQuest.com, Inc. ("WebQuest") brought this action against Defendant Hayward Industries, Inc. ("Hayward") (collectively, the "Parties"), seeking, 1
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inter alia, declaratory judgment that WebQuest is the rightful registrant of certain domain names; and on April 24, 2010, Hayward filed an Answer denying Plaintiff's allegations and Counterclaims asserting, inter alia, trademark and trade name infringement and unfair competition; WHEREAS, the Parties have diligently pursued discovery and motion practice in this action within the time frames set by this Court in its July 1, 2010 Scheduling Order including the following: 1. 26(a); 2. 3. 4. On June 30, 2010, WebQuest served Supplemental Initial Disclosures; On July 1, 2010, Hayward served Supplemental Initial Disclosures; On July 16, 2010, WebQuest propounded Requests for Production of Documents and On June 25, 2010, the Parties exchanged Initial Disclosures pursuant to Fed. R. Civ. P.

Interrogatories to Hayward; 5. WebQuest; 6. On August 19, 2010, Hayward served its responses and objections to WebQuest's On August 16, 2010, Hayward propounded Requests for Production of Documents to

Requests for Production of Documents and Interrogatories; 7. On September 7, 2010, WebQuest served its responses and objections to Hayward's

Requests for Production and produced documents; 8. From September 22, 2010 to September 30, 2010, the Parties exchanged

correspondence and held a meet and confer to resolve discovery disputes; 9. On October 29, 2010, Hayward produced documents pursuant to WebQuest's

discovery requests; 10. On November 22, 2010, Hayward produced additional documents pursuant to

WebQuest's discovery requests; 11. On November 26, 2010, WebQuest produced additional documents pursuant to

Hayward's discovery requests; and 12. On December 20, 2010, Hayward produced its final production of documents pursuant

to WebQuest's discovery requests.

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B.

Grounds For The Parties' Requested Extension WHEREAS, Hayward anticipates additional discovery as follows: 1. Rule 30(b)(1) Deposition of Chad Wright and Rule 30(b)(6) Deposition of WebQuest

in early February 2011 in Modesto, CA; 2. Subpoenas to third parties, including website content providers, website hosting

providers, and website archiving depositories in the event the Parties cannot resolve certain discovery issues by stipulation; and

3.

Additional written discovery, including Requests for Admissions, as may be necessary

following Hayward depositions of WebQuest deponents. WHEREAS, WebQuest anticipates additional discovery as follows: 1. 2. Rule 30(b)(6) Deposition of Hayward in February 2011 in New York, NY; and Subpoenas to third parties, including pool supply companies, online advertisers selling

pool products, consumers of pool products, website content providers, website registrars, website archiving depositories, and any current or former managers, officers, or employees of Hayward & Associates, Inc., including, but not limited to, Mr. Richard C. Hayward, in the event the Parties cannot resolve certain discovery issues by stipulation; and 3. Additional written discovery, including Requests for Admissions, as may be necessary

following WebQuest depositions of Hayward deponents. WHEREAS, the Parties anticipate that this discovery will facilitate resolution of some or all of the issues relating to WebQuest's claim for declaratory judgment and Hayward's counterclaims, including, but not limited to, Hayward's counterclaim for cybersquatting under the ACPA. WHEREAS, the current discovery cut-off date is January 13, 2011; a settlement conference is schedule for January 19, 2010; the non-dispositive motion filing deadline is January 28, 2011; the

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dispositive motion filing deadline is February 28, 2011; the pre-trial conference is scheduled for May 2, 2011; and the trial is scheduled to commence on June 7, 2011. WHEREAS, the Parties have already met and conferred regarding the availability of the party witnesses for depositions and come across a number of scheduling conflicts arising, in part, from the holiday season; WHEREAS, the Parties agree that a brief continuance of the discovery and motion cut-off dates and associated deadlines are necessary under the current circumstances; WHEREAS, the Parties warrant that this extension is not sought for an improper purpose or for the purpose of delaying the proceedings as set forth in the concurrently filed declarations of Scott S. Christie and Brett E. Lewis. C. Stipulation WHEREFORE, IT IS HEREBY STIPULATED by the Parties, through their counsel of record, that all case deadlines are extended as follows: 1. 28, 2011; 2. 2011; 3. The Court is respectfully requested to extend the deadline for filing non-dispositive The Court is respectfully requested to adjourn the settlement conference to March 2, The Court is respectfully requested to extend the discovery cut-off date to February

motions to March 11, 2011; 4. The Court is respectfully requested to extend the deadline for filing dispositive

motions to April 11, 2011; 5. The Court is respectfully requested to adjourn the final pre-trial conference to May 13,

2011 or as soon thereafter as is convenient for the Court; and 6. The Court is respectfully requested to adjourn the trial date to July 19, 2011 or as soon

thereafter as is convenient for the Court.

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SO STIPULATED on December 21, 2010, /s/Brett E. Lewis Mike Rodenbaugh (SBN 179059) RODENBAUGH LAW 548 Market Street San Francisco, CA 097104 [phone] Erin Dennis Vivion (SBN 262599) RODENBAUGH LAW 7740 North Fresno Street, Suite 104 Fresno, CA 93720 Brett E. Lewis (admitted pro hac vice) LEWIS & HAND, LLP 45 Main Street, Suite 608 Brooklyn, NY 11201 [phone] [e-mail] Attorneys for Plaintiff and Counter-Defendant WEBQUEST.COM, INC. /s/Don A. Hernandez Don A. Hernandez (SBN 125119) HERNANDEZ SCHAEDEL & ASSOCIATES, LLP 2 North Lake Avenue, Suite 930 Pasadena, CA 91011 Scott S. Christie (admitted pro hac vice) Mark H. Anania (admitted pro hac vice) McCARTER & ENGLISH, LLP Four Gateway Center 100 Mulberry Street Newark, NJ 07102 Attorneys for Defendant and Counterclaimant HAYWARD INDUSTRIES, INC.

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ORDER The Joint Stipulation by the Parties to extend the discovery cut-off dates hereby comes before the Court. The Court having considered the joint stipulation and accompanying declarations filed in support thereto, and for good cause appearing, the Court hereby orders as follows: 1. 2. 3. 4. 5. 6. 7. 8. The discovery cut-off date is extended to February 28, 2011; and The settlement conference is adjourned to March 2, 2011 at 9:30AM; The deadline for filing non-dispositive motions is extended to March 11, 2011; and The last day to hear non-dispositive motions is extended April 14,2011; and The deadline for filing dispositive motions is extended to April 11, 2011; and The last day to hear dispositive motions is extended to May 16, 2011 The final pre-trial conference is adjourned to June 20, 2011 at 11:00AM; and The trial date is adjourned to July 26, 2011 at 9:00AM.

December 21, 2010
DEAC_Signature-END:

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE emm0d64h

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