California Natural Products v. Illinois Tool Works, Inc.

Filing 85

STIPULATION and ORDER signed by Judge John A. Mendez on 12/5/2013 ORDERING that the Trial and Pre-Trial Schedule are modified as follows: Designation of Expert Witnesses due by 6/26/2014, Discovery due by 7/11/2014, Dispositive Motions filed by 8/29/2014, Final Pretrial Conference set for 12/17/2014 at 03:00 PM in Courtroom 6 (JAM) before Judge John A. Mendez, Jury Trial set for 2/9/2015 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Zignago, K.)

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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,

vs.

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STIPULATION AND ORDER TO
CONTINUE TRIAL AND PRE-TRIAL
SCHEDULE

Plaintiff,

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CASE NO. 2:12-cv-0593-JAM-CKD

(AS MODIFIED BY THE COURT)

ILLINOIS TOOL WORKS, INC. (d/b/a
HARTNESS INTERNATIONAL, INC.), a
Delaware corporation,
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 trial schedule to allow an additional approximately

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150 days, with the pre-trial dates adjusted as well. Good cause for such a continuance is based on

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the following:

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First, and most important, after substantial exchange of documents and letters discussing the

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parties’ positions, the parties have agreed to mediate this case in early 2014. In order to enhance the

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likelihood of settlement, the parties seek to focus their efforts on trying to resolve this matter at the

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mediation and avoid the costs associated with fact depositions and expert disclosures. Second, the

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parties’ document productions, including electronic discovery and production and translation of
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STIPULATION AND ORDER TO
CONTINUE TRIAL AND PRETRIAL SCHEDULE
1601615.1

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Spanish-language documents, has caused unanticipated difficulties and delays. The parties have

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produced close to 15,000 documents (over 50,000 pages) and are producing more. The parties’

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technical experts have not yet had an opportunity to review key documents, however, and will not

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be able to do so and prepare expert reports by the current deadline of December 11, 2013. In

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addition, the delay in document exchange has caused a delay in the scheduling of fact depositions,

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which may also be important in the formulation of expert opinions. The parties are working

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cooperatively and in good faith to resolve these issues but seek the extension to provide an

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opportunity to focus on settlement.

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

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

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proposes adjusting the trial date by approximately 150 days, with interim dates adjusted as well by

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

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Current
Mon., Dec. 16, 2013

Proposed
Fri., May 16, 2014

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Event
Mid-litigation statement to the court
(status of all motions already filed and
likelihood of future motions)

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Expert disclosure, including report

Wed., Dec. 11, 2013

Thu., June 26, 2014

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Close of fact discovery

Fri., Feb. 7, 2014

Fri., July 11, 2014

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Rebuttal expert disclosure, including
report

Fri., Jan. 17, 2014

Thu., July 17, 2014

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Close of expert discovery

Fri., Feb. 7, 2014

Fri., Aug. 8, 2014

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Dispositive motions

Fri., Feb. 21, 2014

Fri., Aug. 29, 2014

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Dispositive motion responses

Fri., Mar. 7, 2014

Fri., Sept. 19, 2014

Dispositive motion replies

Fri., Mar. 21, 2014

Fri., Oct. 3, 2014

Hearing on dispositive motions

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

Wed., Oct. 15, 2014
at 9:30 a.m.)

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Joint pretrial statement

Fri., May 16, 2014

Fri., Dec. 10, 2014

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Final pretrial conference

Fri., May 23, 2014 at
11:00 a.m.

Wed., Dec. 17, 2014
at 3:00 P.M.

Trial

Mon., July 14, 2014, at
9:00 a.m.

Mon. February 9,
2015 at 9:00 A.M.

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STIPULATION AND ORDER TO
CONTINUE TRIAL AND PRETRIAL SCHEDULE
1601615.1

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For the reasons set forth in this Stipulation, the parties respectfully request that the Court
enter the proposed schedule set forth above.

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Respectfully submitted,
DATED: December 5, 2013

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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: December 5, 2013

GRIPPO & ELDEN LLC
By

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

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DATED: December 5, 2013

POOLE & SHAFFERY, LLP
By

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

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ORDER (AS MODIFIED BY THE COURT)

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IT IS SO ORDERED.

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DATED: 12/5/2013

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

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STIPULATION AND ORDER TO
CONTINUE TRIAL AND PRETRIAL SCHEDULE
1601615.1