California Natural Products v. Illinois Tool Works, Inc.

Filing 83

STIPULATION and ORDER signed by Judge John A. Mendez on 8/28/13: Designation of Expert Witnesses due by 12/11/2013. Discovery due by 2/7/2014. Dispositive Motions filed by 2/21/2014. Final Pretrial Conference set for 5/23/2014 at 11:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Jury Trial set for 7/14/2014 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Kaminski, H)

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Jeffrey W. Shopoff (Bar No. 46278)
Gregory S. Cavallo (Bar No. 173270)
Paul F. Kirsch (Bar No. 127446)
James M. Robinson (Bar No. 238063)
SHOPOFF CAVALLO & KIRSCH LLP
100 Pine Street, Suite 750
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
California Natural Products

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA NATURAL PRODUCTS
(d/b/a POWER AUTOMATION SYSTEMS),
a California corporation,

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Plaintiff,

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vs.
ILLINOIS TOOL WORKS, INC. (d/b/a
HARTNESS INTERNATIONAL, INC.), a
Delaware corporation,

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CASE NO. 2:12-cv-0593-JAM-CKD
STIPULATION AND ORDER TO
CONTINUE TRIAL AND PRE-TRIAL
SCHEDULE

AS MODIFIED BY THE COURT

Defendant.

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Plaintiff California Natural Products and Defendant Illinois Tool Works hereby stipulate and

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jointly request that the Court continue the current pre-trial and trial schedule to allow an additional 30-60

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days. Good cause for such a continuance is based on (1) unanticipated difficulties and delays in document

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production caused by technical issues with plaintiff’s email and electronic documents archives; and (2)

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unanticipated difficulties and delays with document discovery in Spain by defendants. Because of these

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difficulties and delays, to date very few technical documents related to plaintiff’s trade secret

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misappropriation claims have been exchanged between the parties in discovery. Although much of that

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document production is likely to occur in the coming two to three weeks, the parties’ technical experts

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have not yet had any opportunity to review key documents, and will not be able to do so and prepare
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STIPULATION AND ORDER TO
CONTINUE TRIAL AND PRETRIAL SCHEDULE
1565012

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expert reports by the current deadline of October 11, 2013. In addition, the delay in document exchange

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has also caused a delay in the scheduling of critical depositions, which may also be important in the

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formulation of expert opinions.

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To allow discovery to advance further prior to the completion of expert reports, the parties have

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cooperated in drafting a revised schedule for the Court’s consideration. This schedule adds approximately

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30-60 days to the calendar, with the case being ready for trial three weeks later than the present trial date.

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The revised schedule remains within the Court’s typical schedule.

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Event
Expert disclosure, including report

Current
Fri., Oct. 11, 2013

Proposed
Wed., Dec. 11, 2013

Mid-litigation statement to the court
(status of all motions already filed and
likelihood of future motions)
Rebuttal expert disclosure, including
report
Close of all fact and expert discovery

Fri., Nov. 1, 2013

Mon., Dec. 16, 2013

Fri., Nov. 8, 2013

Fri., Jan. 17, 2014

Fri., Dec. 6, 2013

Fri., Feb. 7, 2014

Dispositive motions

Fri., Dec. 20, 2013

Fri., Feb. 21, 2014

Dispositive motion responses

Wed., Jan. 15, 2014

Fri., Mar. 7, 2014

Dispositive motion replies

Wed., Jan. 29, 2014

Fri., Mar. 21, 2014

Hearing on dispositive motions

Wed., Feb. 5, 2014

Wed., Apr. 9, 2014 at
9:30 a.m.

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Joint pretrial statement (required)

Friday, May 16, 2014

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Final pretrial conference
Trial

Fri., Mar. 21, 2014 at
11:00 a.m.
Mon., April 28, 2014, at
9:00 a.m.

Fri., May 23, 2014 at
11:00 a.m.
Mon., July 14, 2014
at 9:00 a.m.

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Respectfully submitted,

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STIPULATION AND ORDER TO
CONTINUE TRIAL AND PRETRIAL SCHEDULE
1565012

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DATED: August 28, 2013

SHOPOFF CAVALLO & KIRSCH LLP
By

/s/ Gregory S. Cavallo
Gregory S. Cavallo
Attorneys for Plaintiff
CALIFORNIA NATURAL PRODUCTS
(d/b/a POWER AUTOMATION SYSTEMS)

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DATED: August 28, 2013

GRIPPO & ELDEN LLC
By

/s/ Lynn H. Murray______________________
Lynn H. Murray
Attorneys for Defendant
ILLINOIS TOOL WORKS, INC

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DATED: August 28, 2013

POOLE & SHAFFERY, LLP
By

/s/ David S. Poole ______________________
David S. Poole
Attorneys for Defendant
ILLINOIS TOOL WORKS, INC.

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ORDER

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IT IS SO ORDERED.

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DATED:

August 28, 2013

/s/ John A. Mendez___________
United States District Court Judge

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STIPULATION AND ORDER TO
CONTINUE TRIAL AND PRETRIAL SCHEDULE
1565012