Microsoft Corporation v. DSD Solutions Inc., a California corporation et al

Filing 18

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr., on 4/12/16, ORDERING that the Discovery cut-off is 7/8/2016. Designation of Expert Witnesses due by 7/15/2016, and expert rebuttal disclosures due by 8/12/2016. Dispositive Motion hearing cut-off is 11/18/2016. (Kastilahn, A)

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Audra M. Mori, Bar No. 162850
[e-mail]
Katherine M. Dugdale, Bar No. 168014
[e-mail]
PERKINS COIE LLP
1888 Century Park E., Suite 1700
Los Angeles, CA 90067-1721
Telephone: [phone]
Facsimile: 310.788.3399
Attorneys for Plaintiff
MICROSOFT CORPORATION
CURTIS R. TINGLEY (SBN 112322)
[e-mail]
STEPHEN D. COLLINS (SBN 277482)
[e-mail]
KEVIN W. ISAACSON (SBN 281067)
[e-mail]
TINGLEY LAW GROUP, PC
10 Almaden Boulevard, Suite 960
San Jose, California 95113
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
DSD SOLUTIONS INC. and DUY L. PAN

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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MICROSOFT CORPORATION,
a Washington corporation,
Plaintiff,

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v.

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STIPULATION TO EXTEND
DISCOVERY AND MOTION
DEADLINES; ORDER

DSD SOLUTIONS INC., a California
corporation dba DESTINED DESIGN;
DUY L. PAN, an individual; and DOES 1-5,
Defendants.

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CASE NO. 15CV-01690 MCE CKD

Defendants DSD SOLUTIONS INC. and DUY L. PAN (hereinafter “Defendants”) and
Plaintiff MICROSOFT CORPORATION (hereinafter “Plaintiff”) (Plaintiff and Defendants are
STIPULATION TO EXTEND DISCOVERY AND
MOTION DEADLINES
CASE NO. 15CV-01690 MCE CKD
41826-5600.0146/130542545.1

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hereinafter collectively referred to as the “Parties”), by and through their counsel of record,

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hereby stipulate and agree as follows:

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WHEREAS, on December 14, 2015, the Court issued a Scheduling Order which included
the following deadlines:

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Discovery Cut-Off Date

April 4, 2016

Deadline for Initial Designation of Expert
Witnesses

June 3, 2016

Deadline for Designation of Rebuttal Expert
Witnesses

July 5, 2016

Dispositive Motion Hearing Cut-Off Date

September 29, 2016

Final Pretrial Conference Statement

January 26, 2017

Final Pretrial Conference

February 16, 2017

Trial

April 2, 2017

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WHEREAS, Defendants and Defendants’ insurance carrier are engaged in an ongoing
dispute regarding the scope of Defendants’ insurance coverage;
WHEREAS, pending the resolution of the ongoing dispute regarding the scope of
Defendants’ insurance coverage, Defendants’ insurance carrier will not participate in this action
in any way, including attendance at any mediation;
WHEREAS, it does not appear that the dispute between Defendants and their insurer
regarding coverage will be resolved by the week of April 18, 2016, when Plaintiff and Defendants
had agreed to mediate the instant copyright and trademark infringement case;
WHEREAS, the Parties agree that they will participate in a mediation prior to the
Discovery Cut-Off;
WHEREAS, the Parties agree that an additional 44 days to do discovery will allow (1)
Defendants to have time to resolve their insurance dispute; (2) the Parties to conserve resources
by staying written discovery between them until mediation can take place; (3) the Parties to
participate in a meaningful mediation, which will maximize the possibility of settlement and
STIPULATION TO EXTEND DISCOVERY AND
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MOTION DEADLINES
CASE NO. 15CV-01690 MCE CKD

41826-5600.0146/130542545.1

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serve judicial economy; and (4) the Parties to do additional discovery in the event that they are

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unable to reach an amicable resolution at the mediation;

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WHEREAS, the Parties have made one prior request to the Court for an extension of the
fact Discovery Cut-Off due to Defendants’ insurance coverage dispute, which the Court granted;

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WHEREAS, the Parties have not requested previously and are not requesting now a

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continuance of the pretrial conference or trial dates;

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41826-5600.0146/130542545.1

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STIPULATION TO EXTEND DISCOVERY AND
MOTION DEADLINES
CASE NO. 15CV-01690 MCE CKD

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GOOD CAUSE is hereby shown, and IT IS HEREBY STIPULATED by and between the
Parties, that the following continuance be effectuated:

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Current Date

Proposed Date

Discovery Cut-Off

May 25, 2016

July 8, 2016

Deadline for Initial Designation
of Expert Witnesses (Per FRCP
26)

June 3, 2016

July 15, 2016

Deadline for Designation of
Rebuttal Expert Witnesses

July 5, 2016

August 12, 2016

September 29, 2016

November 18, 2016

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Dispositive Motion Hearing CutOff

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Dated: April 8, 2016

TINGLEY LAW GROUP, PC

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By: /s/ Stephen Collins
(as authorized on 4/8/2016).
STEPHEN D. COLLINS
Attorneys for Defendants

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Dated: April 8, 2016

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By: /s/ Audra M. Mori
Audra M. Mori
Attorneys for Plaintiff
MICROSOFT CORPORATION

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PERKINS COIE LLP

IT IS SO ORDERED.
Dated: April 12, 2016

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-441826-5600.0146/130542545.1

STIPULATION TO EXTEND DISCOVERY AND
MOTION DEADLINES
CASE NO. 15CV-01690 MCE CKD