Cengage Learning, Inc. v. Davis Textbooks et al

Filing 73

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 12/5/2016 ORDERING Discovery due by 2/28/2017; Disclosure of Expert Witnesses due by 3/13/2017; Dispositive Motions hearing continued to 6/15/2017; Final Pretrial Conference Reset for 10/5/2017 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley; and Trial Reset to 1/16/2018 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Reader, L)

1 NAOMI JANE GRAY (SBN 197323)
SHADES OF GRAY LAW GROUP, P.C.
2 548 Market Street, #18014
San Francisco, California 95814
3 Telephone: [phone]
Facsimile: [phone]
4 [e-mail]
5 MATTHEW J. OPPENHEIM
OPPENHEIM + ZEBRAK, LLP
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5225 Wisconsin Avenue NW, Suite 503
7 Washington, DC 20015
[phone] Telephone
8 [phone] Facsimile
[e-mail]
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Attorneys for Plaintiff
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Kevin Hughey, SBN 197323
11 Galen M. Gentry, SBN 308873
HUGHEY LAW GROUP
12 A Professional Corporation
520 9th Street, Suite 102
13 Sacramento, California 95814
Telephone: [phone]
14 Facsimile: 916.596.0003
[e-mail]
15 [e-mail]
16 Attorneys for Defendants
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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CENGAGE LEARNING, INC.,

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Case No. 2:15-CV-02401-TLN-AC

Plaintiff,

STIPULATION AND ORDER FOR
MODIFICATION OF PRETRIAL
SCHEDULING ORDER TO EXTEND
DISCOVERY CUT-OFF AND DISPOSITIVE
MOTION DEADLINES

v.
DAVIS TEXTBOOKS, ALI SHERALI, and
SHAHNAWAZ SHERALI,

TRIAL DATE: October 16, 2017

Defendants.

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STIPULATION FOR MODIFICATION OF SCHEDULING ORDER TO EXTEND DISCOVERY CUT-OFF
AND DISPOSITIVE MOTION DEADLINE

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Plaintiff Cengage Learning, Inc. and Defendants Davis Textbooks, Ali Sherali, and Shahnawaz

2 Sherali, through their respective attorneys of record, hereby stipulate to modification of the Court’s
3 September 14, 2016 Scheduling Order [Docket No. 70] as set forth below.
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WHEREAS, Plaintiff filed its Complaint in the United States District Court, Northern District

5 of Illinois, Eastern Division, Case No. 1:15-cv-08117 on September 15, 2015;
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WHEREAS, the matter was transferred to this Court on November 18, 2015 [Docket No. 30];

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WHEREAS, a Pre-trial Scheduling Order of March 23, 2016, set the following dates;

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1.

June 30, 2016: Discovery cut-off;

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2.

September 1, 2016: Disclosure of expert witnesses;

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3.

January 12, 2017: Dispositive motions; and

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4.

July 10, 2017: Trial.

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WHEREAS, on June 9, 2016, the Court granted the parties’ first application for modification of

13 the Pre-Trial Scheduling Order to extend the discovery cut-off, disclosure of expert witness and
14 dispositive motion deadlines as follows:
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1.

September 30, 2016: Discovery cut-off;

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2.

November 1, 2016: Disclosure of expert witnesses; and

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3.

February 12, 2017: Dispositive motions.

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WHEREAS, on September 14, 2016, the Court approved the parties’ stipulation for

19 modification of the Pre-Trial Scheduling Order to extend the discovery cut-off, disclosure of expert
20 witness and dispositive motion deadlines as well as the final pre-trial conference date and the trial date
21 as follows:
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1.

November 30, 2016: Discovery cut-off;

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2.

January 6, 2017: Disclosure of expert witnesses;

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3.

April 6, 2017: Dispositive motions;

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4.

July 27, 2017: Final pre-trial conference; and

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5.

October 16, 2017: Trial date.

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STIPULATION FOR MODIFICATION OF SCHEDULING ORDER TO EXTEND DISCOVERY CUT-OFF
AND DISPOSITIVE MOTION DEADLINE

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WHEREAS, the parties have engaged in good-faith settlement negotiations for the past two

3 months and, in view of the substantial fees and costs that would be incurred by each party in
4 conducting further discovery (including party and non-party depositions), the parties have refrained
5 from moving forward with discovery while such settlement discussions are pending;
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WHEREAS, the parties have been unable to agree on settlement terms prior to the existing

7 November 30, 2016 discovery cut-off;
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WHEREAS, the parties anticipate that certain discovery and disputes will need to be presented

9 to the Court and Plaintiff will seek leave to amend the complaint to add additional titles;
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WHEREAS, in light of the above, the parties have agreed to extend the deadlines for discovery

11 cut-off, disclosure of expert witnesses and dispositive motions as well as the final pre-trial conference
12 and the trial date.
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NOW THEREFORE, the parties hereby stipulate and agree as follows:

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1.

To extend percipient discovery cut-off from November 30, 2016 to February 28, 2017.

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2.

To extend disclosure of expert witness deadline from January 6, 2017 to March 13,

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2017.

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3.

To extend the dispositive motion hearing date from April 6, 2017 to June 15, 2017.

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4.

To extend the final pretrial conference from July 27, 2017 to October 5, 2017 at 2:00

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p.m.
5.

To extend the trial date from October 16, 2017 to January 16, 2018 at 9:00 a.m.

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22 Dated: November 30, 2016

SHADES OF GRAY LAW GROUP, P.C.
NAOMI JANE GRAY

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/s/ Naomi Jane Gray
Naomi Jane Gray
Attorney for Plaintiff
Cengage Learning, Inc.

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STIPULATION FOR MODIFICATION OF SCHEDULING ORDER TO EXTEND DISCOVERY CUT-OFF
AND DISPOSITIVE MOTION DEADLINE

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Dated: November 30, 2016

OPPENHEIM + ZEBRAK, LLP

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/s/ Matthew J. Oppenheim
Matthew J. Oppenheim
Julie Chen
Attorneys for Plaintiff

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Dated: November 30, 2016

HUGHEY LAW GROUP
/s/ Galen M. Gentry
Kevin Hughey
Galen M. Gentry
Attorneys for Defendants

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IT IS SO ORDERED.

12 Dated: December 5, 2016
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Troy L. Nunley
United States District Judge

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STIPULATION FOR MODIFICATION OF SCHEDULING ORDER TO EXTEND DISCOVERY CUT-OFF
AND DISPOSITIVE MOTION DEADLINE