Copart, Inc. v. Lightmaker USA, Inc.

Filing 54

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 6/11/2015 ORDERING that the deadlines in the Scheduling Order previously set forth by the Court are revised as follows: Discovery cut off date: 10/29/2015; Designation of Expert Witnes ses due by 12/10/2015; Dispositive Motion hearing cut off: 3/10/2016; Final Pretrial Conference set for 6/16/2016 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley; Jury Trial set for 8/15/2016 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Zignago, K.)

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A PROFESSIONAL CORPORATION
Chad S. Tapp, SBN 214898
Kevin M. Kreutz, SBN 264654
Kevin M. Ortiz, SBN 296615
350 University Ave., Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]
Attorneys for Defendant/Counter-Claimant
LIGHTMAKER USA, INC.

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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COPART, INC.,

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Plaintiff,

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v.

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LIGHTMAKER USA, INC.,

Case No.: 2:12-CV-02943-TLN-CKD
Assigned for All Purposes to:
The Hon. Troy L. Nunley
Assigned for Discovery Purposes to:
The Hon. Carolyn K. Delaney

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Defendant.

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STIPULATION AND ORDER THEREON
TO AMEND SCHEDULING ORDER

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18 AND RELATED COUNTERCLAIM.
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Complaint Filed:
Discovery Cutoff:
Pretrial Conf.:
Trial:

December 4, 2012
July 2, 2015
February 25, 2016
April 25, 2016

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Plaintiff/Counter-Defendant COPART, INC. (“Copart”) and Defendant/Counter-Claimant

22 LIGHTMAKER USA, INC. (“Lightmaker”), by and through their respective attorneys of record,
23 and pursuant to USDC EDCA Local Rules 143 and 144(d) and FRCP 16(b), hereby stipulate and
24 agree as follows:
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WHEREAS, on or about June 12, 2014, this Court, pursuant to the Federal Rule of Civil

26 Procedure (“FRCP”) 16(b) and the FRCP 26(f) Conference Statement of the parties, issued a
27 Scheduling Order setting the case for trial and establishing an initial February 8, 2016 trial date;
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{01416825.DOCX}

WHEREAS, due to the complexity of the case and extensive discovery and voluminous

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Case No.: 2:12-CV-02943-TLN-CKD

STIPULATION AND ORDER THEREON TO AMEND SCHEDULING ORDER

1 document production involved, on December 31, 2014 the Court, pursuant to a joint stipulation
2 submitted by the parties, issued an Amended Pretrial Scheduling Order which extended various
3 pretrial deadlines and reset the trial date to April 25, 2016;
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WHEREAS, this is a complex case involving multiple claims and counter-claims, dozens

5 of potential fact witnesses and experts, and which will require each side to spend significant time
6 analyzing a voluminous amount of information before trial, including source code and other
7 electronic materials;
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WHEREAS, since the issuance of the Amended Pretrial Scheduling Order, the parties

9 have worked diligently towards completing written discovery, which has enabled them to engage
10 in a good faith settlement effort. The parties participated in formal mediation at Judicate West in
11 San Francisco on May 4, 2015, which was conducted by The Honorable John (Leo) Wagner
12 (Ret.). Both sides submitted and exchanged mediation briefs in advance and two Copart
13 representatives traveled from Dallas, Texas and two Lightmaker representatives traveled from
14 Orlando, Florida to attend the mediation;
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WHEREAS, the case was not settled during the May 4, 2015 mediation session but the

16 parties have continued their settlement dialogue. Judge Wagner issued a mediator’s proposal after
17 the May 4 session, which prompted further discussions between the parties. Such discussions are
18 ongoing, as the parties continue to meet and confer over whether a resolution can be achieved.
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WHEREAS, the parties have suspended all depositions which were duly noticed and

20 scheduled to commence June 8, 2015, with the hopes that the substantial time and expense that
21 would be incurred preparing for, traveling to, and taking and defending these depositions might be
22 avoided if the matter resolves.

The parties stipulate and agree that they are unable to

23 simultaneously exhaust settlement efforts and engage in costly and time-intensive depositions;
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WHEREAS, the Amended Pretrial Scheduling Order includes a July 2, 2015 discovery

25 cut-off and an August 13, 2015 deadline for expert disclosures;
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WHEREAS, the parties are especially reluctant to expend further time and resources

27 litigating the action under these circumstances and while they are seriously evaluating the merits
28 of pre-trial resolution;
{01416825.DOCX}

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Case No.: 2:12-CV-02943-TLN-CKD

STIPULATION AND ORDER THEREON TO AMEND SCHEDULING ORDER

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WHEREAS, the parties have acted with diligence in trying to adhere to the current pretrial

2 deadlines but are making this request to the Court for modification of the current scheduling order
3 because absent an extension, the parties will have no choice but to immediately commence
4 depositions and have experts work in earnest on their respective Rule 26 Reports;
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WHEREAS, neither party will be prejudiced by a three-month continuance of the current

6 trial date and related pretrial deadlines; and
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WHEREAS, there has been one previous request that the Court amend the scheduling

8 order to extend the fact discovery deadline, expert disclosure deadline, and dispositive motion
9 deadline; this is the first time the parties have asked the Court to continue the trial date.
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NOW THEREFORE, the parties, through their respective counsel, jointly propose and

11 stipulate to the following:
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The deadlines in the Amended Pretrial Scheduling Order previously set forth by the Court

13 shall be revised as follows, or set on such other dates as the Court determines:
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Event

Current Date

Proposed New Date

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Fact Discovery Cut-Off Date

July 2, 2015

October 29, 2015

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Expert Disclosures and Reports

August 13, 2015

December 10, 2015

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Rebuttal Expert Disclosures

September 2, 2015

December 30, 2015

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Dispositive Motion Hearing Cut-Off

November 19, 2015

March 10, 2016

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Final Pre-Trial Conference

February 25, 2016

June 16, 2016

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Trial

April 25, 2016

August 15, 2016

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IT IS FURTHER STIPULATED and AGREED between the parties that all other
provisions of the Amended PreTrial Scheduling Order of December 31, 2014 shall remain in
effect. This Stipulation may be signed in counterparts and any facsimile or electronic signature
shall be valid as an original signature.

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IT IS SO STIPULATED.

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Case No.: 2:12-CV-02943-TLN-CKD

STIPULATION AND ORDER THEREON TO AMEND SCHEDULING ORDER

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DATED: June 11, 2015

LERMAN POINTER & SPITZ LLP

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By:/s/ Curtis P. Holdsworth (authorized on 6/2/15)
CURTIS P. HOLDSWORTH, ESQ.
Attorneys for Plaintiff/Counter-Defendant
COPART, INC.

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DATED: June 11, 2015

PORTER SCOTT
A PROFESSIONAL CORPORATION

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By: /s/ Kevin M. Kreutz
CHAD TAPP, ESQ.
KEVIN M. KREUTZ, ESQ.
Attorneys for Defendant/Counter-Claimant
LIGHTMAKER USA, INC.

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Case No.: 2:12-CV-02943-TLN-CKD

STIPULATION AND ORDER THEREON TO AMEND SCHEDULING ORDER

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ORDER

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FOR GOOD CAUSE SHOWN, and pursuant to the Stipulation of the parties, the

3 deadlines in the Scheduling Order previously set forth by the Court are revised as follows:
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Event

Date Per Original

Extended Date Per Amended

Scheduling Order

Scheduling Order

Fact Discovery Cut Off Date

July 2, 2015

October 29, 2015

Expert Disclosures and
Reports:

August 13, 2015

December 10, 2015

Rebuttal Expert Disclosures

September 2, 2015

December 30, 2015

Dispositive Motion Hearing
Cut-Off

November 19, 2015

March 10, 2016

Final Pre-Trial Conference

February 25, 2016

June 16, 2016

Jury Trial

April 25, 2016

August 15, 2016

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IT IS SO ORDERED.

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Dated: June 11, 2015

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Troy L. Nunley
United States District Judge

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Case No.: 2:12-CV-02943-TLN-CKD

STIPULATION AND ORDER THEREON TO AMEND SCHEDULING ORDER