California Natural Products v. Illinois Tool Works, Inc.

Filing 87

STIPULATION and ORDER signed by Judge John A. Mendez on 2/6/2014 ORDERING that the trial schedule is MODIFIED as follows: Designation of Expert Witnesses due by 8/26/2014; Discovery due by 9/11/2014; Dispositive Motions shall be filed by 10/29/2014; Final Pretrial Conference set for 2/20/2015 at 11:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez; Trial set for 4/20/2015 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
(AS MODIFIED BY THE COURT)

Plaintiff,

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

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

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following:

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As the parties indicated in their last request to extend the schedule (Docket No. 84), they

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have agreed to mediate this case. The mediation was set for January 22, 2014, with mediator Bill

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Hartgering of JAMS in Chicago. In advance of the mediation, the parties submitted extensive

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mediation briefs and fully prepared and planned to mediate the case in good faith.

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STIPULATION AND ORDER TO
CONTINUE TRIAL AND PRETRIAL SCHEDULE
1621120.1

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Unfortunately, only a couple of days prior to the mediation, Plaintiff’s principal and business

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person with extensive knowledge of the facts, who was scheduled to travel from California to

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Chicago for the mediation, became seriously ill, requiring a visit to the hospital and several doctors’

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appointments. The parties agree this person’s personal involvement is critical to the mediation. He

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will be undergoing surgery in the near term, with a several-week recovery period. As a result, the

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parties have rescheduled the mediation for March 11, 2014, the earliest possible date. As the parties

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previously indicated, they seek to focus their efforts on trying to resolve this matter at the mediation

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and avoid the costs associated with fact depositions and expert disclosures.

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To allow the parties to continue to focus on the upcoming mediation, the parties have

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

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adjusting the trial date by approximately 60 days, with interim dates adjusted as well by agreement.

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

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

Current
Fri., May 16, 2014

Proposed
Wed., July 16, 2014

Expert disclosure, including report

Thu., June 26, 2014

Tue., Aug. 26, 2014

Close of fact discovery

Fri., July 11, 2014

Thu., Sept. 11, 2014

Rebuttal expert disclosure, including report

Thu., July 17, 2014

Wed., Sept. 17, 2014

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Close of expert discovery

Fri., Aug. 8, 2014

Wed., Oct. 8, 2014

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Dispositive motions

Fri., Aug. 29, 2014

Wed., Oct. 29, 2014

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Dispositive motion responses

Fri., Sept. 19, 2014

Wed., Nov. 19, 2014

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Dispositive motion replies

Fri., Oct. 3, 2014

Wed., Dec. 3, 2014

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Hearing on dispositive motions

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Joint pretrial statement

Wed., Oct. 15, 2014
at 9:30 a.m.
Wed., Dec. 10, 2014

Wed., Dec. 17, 2014
at 9:30 a.m.
Tue., Feb. 13, 2015

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Final pretrial conference

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Trial

Wed., Dec. 17, 2014
at 3:00 p.m.
Mon., Feb. 9, 2015 at
9:00 a.m.

Tue., Feb. 20, 2015 at
11:00 a.m.
Mon. Apr. 20, 2015
at 9:00 a.m.

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STIPULATION AND ORDER TO
CONTINUE TRIAL AND PRETRIAL SCHEDULE
1621120.1

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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: February 6, 2014

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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: February 6, 2014

GRIPPO & ELDEN LLC
By

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

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DATED: February 6, 2014

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: 2/6/2014

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

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STIPULATION AND ORDER TO
CONTINUE TRIAL AND PRETRIAL SCHEDULE
1621120.1