Television Education, Inc. v. Contractors Intelligence School, Inc. et al

Filing 44

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 04/12/17 ORDERING that Plaintiff Television Education, Inc. is GRANTED LEAVE to file a Second Amended Complaint within 20 days; the Status (Pretrial Scheduling) Order is MODIFIED as fo llows: deadline to disclose experts is extended to 8/28/2017; the deadline to disclose rebuttal experts is extended to 9/25/2017; and the deadline to complete all discovery is extended to 10/27/2017; that the deadline to file motions is extended to 12/4/2017; Final Pretrial Conference set for 2/12/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb ; Jury Trial set for 4/10/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Benson, A)

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BOUTIN JONES INC.
Michael E. Chase (SBN 214506)
[e-mail]
Bashar S. Ahmad (SBN 258619)
[e-mail]
555 Capitol Mall, Suite 1500
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Television Education, Inc.

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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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TELEVISION EDUCATION, INC.

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Plaintiff,
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vs.
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CONTRACTORS INTELLIGENCE SCHOOL, )
INC.; CONTRACTORS PUBLISHER, INC.;
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LEONID VORONTSOV; OKSANA
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VORONTSOV; and DOES 1-25,
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Defendants.
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Case No. 2:16-cv-01433-WBS-EFB
STIPULATION AND [PROPOSED]
ORDER GRANTING PLAINTIFF
TELEVISION EDUCATION, INC. LEAVE
TO FILE A SECOND AMENDED
COMPLAINT AND MODIFYING
SCHEDULING ORDER

Trial Date:
Date Action Filed:

Not yet set
June 23, 2016

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Plaintiff Television Education, Inc. (“Television Education”) and Defendants Contractors

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Intelligence School, Inc.; Contractors Publisher, Inc.; Leonid Vorontsov and Oksana Vorontsov

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(“Defendants”), by and through their undersigned counsel of record, hereby stipulate as follows

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and propose that the Court enter an order consistent with the terms present.
RECITALS

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WHEREAS, on June 23, 2016, Television Education filed its Complaint for Copyright

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Infringement and Demand for Jury Trial against initial Defendants Contractors Intelligence School,

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STIPULATION AND [PROPOSED] ORDER PERMITTING PLAINTIFF TELEVISION EDUCATION, INC. TO
FILE A SECOND AMENDED COMPLAINT AND MODIFYING SCHEDULING ORDER
863884.1

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Inc. and Contractors Publisher, Inc.

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WHEREAS, on September 22, 2016, Television Education filed its First Amended
Complaint for Copyright Infringement and Demand for Jury Trial (“FAC”) against Defendants.

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WHEREAS, the parties thereafter engaged in the Rule 26(f) conference and filed a joint
status report on October 10, 2016.

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WHEREAS, at the time the joint status report was filed, the claims in the FAC were for

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alleged copyright violations arising from three manuals created by defendants which Television

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Education claimed were copied from its manuals, three other Television Education manuals of

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which Television Education claimed defendants had made unlawful photocopies, and one law-and-

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business exam preparation course for which defendants Leonid and Oksana Vorontsov had

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obtained a copyright registration which Television Education claimed were copied from its practice

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tests.

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WHEREAS, Television Education served requests for production of documents on

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defendants seeking all manuals and tests used by defendants (“the Test Materials Requests”) on

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November 3, 2016.

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WHEREAS, defendants initially objected to the Test Materials Requests, and the parties

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met and conferred regarding those objections until Television Education filed a motion to compel

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as to the Test Materials Requests (and other issues) on January 25, 2017.

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WHEREAS, after the motion to compel was filed, the parties met and conferred further,

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and defendants Contractors Intelligence School, Inc. and Contractors Publisher, Inc. ultimately

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agreed to produce documents in response to the Test Materials Requests, which (among other

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agreements) resulted in Television Education dropping the motion to compel.

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WHEREAS, on and between February 24 and April 7, 2017, Television Education

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received the documents produced in response to the Test Materials Requests, and after reviewing

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them intends to assert additional claims based on certain of the materials produced.

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WHEREAS, the parties agree that it would prevent unnecessary waste of the parties’
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STIPULATION AND [PROPOSED] ORDER PERMITTING PLAINTIFF TELEVISION EDUCATION, INC. TO
FILE A SECOND AMENDED COMPLAINT AND MODIFYING SCHEDULING ORDER
863884.1

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efforts and judicial resources for Television Education to bring those claims in this action, in a

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Second Amended Complaint, rather than a new, separate lawsuit.

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WHEREAS, the parties agree that given the significant expansion of issues in the case due

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to the further amendment of the FAC, additional time is necessary and justified by good cause for

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the parties to complete fact and expert witness discovery. Among other changes, the proposed

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Second Amended Complaint adds copyright claims based on several additional manuals and

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practice tests. The parties agree that a continuance of approximately 120 days (17 or 18 weeks)

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should permit sufficient time to complete fact and expert witness discovery and other pretrial

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preparations.

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WHEREAS, pursuant to the Status (Pretrial Scheduling) Order filed October 19, 2016 (as

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amended on February 14, 2017), the deadline for the parties to disclose experts and produce

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reports in accordance with Federal Rule of Civil Procedure 26(a)(2) is May 1, 2017, and the parties

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now agree that such deadline should be extended to August 28, 2017; the deadline to disclose

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rebuttal experts is May 30, 2017, and the parties now agree that such deadline should be extended

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to September 25, 2017; the deadline for the parties to complete fact discovery is May 31, 2017,

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and to complete expert discovery only is June 30, 2017, and the parties agree that such deadlines

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should be extended to a single deadline of October 27, 2017 ; that the deadline to file motions is

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now July 31, 2017, and the parties agree that such deadline should be extended to December 4,

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2017; that the date of the final pretrial conference is now October 10, 2017, and that date should be

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re-set to a date available for the Court on or after February 12, 2018; and the date for trial is now

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December 5, 2017, and that date should be re-set to a date available for the Court on or after April

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10, 2018.

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NOW, THEREFORE, Television Education and Defendants stipulate that good cause

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exists for the Court to enter an Order granting Television Education leave to file the Second

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Amended Complaint, a true and correct copy of which is attached hereto as Exhibit A, and to enter

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an Order modifying the Status (Pretrial Scheduling) Order so that the deadline to disclose experts

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STIPULATION AND [PROPOSED] ORDER PERMITTING PLAINTIFF TELEVISION EDUCATION, INC. TO
FILE A SECOND AMENDED COMPLAINT AND MODIFYING SCHEDULING ORDER
863884.1

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shall be extended to August 28, 2017; the deadline to disclose rebuttal experts shall be extended to

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September 25, 2017; and the deadline to complete all discovery shall be extended to October 27,

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2017; that the deadline to file motions should be extended to December 4, 2017; that the date of the

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final pretrial conference should be re-set to a date available for the Court on or after February 12,

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2018; and the date for trial should be re-set to a date available for the Court on or after April 10,

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2018.

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SO STIPULATED

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DATED: April 12, 2017

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BOUTIN JONES INC.
By:

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/s/ MICHAEL E. CHASE
MICHAEL E. CHASE
BASHAR AHMAD

Attorneys for Plaintiff Television Education, Inc.

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DATED: April 12, 2017

TINGLEY LAW GROUP, PC

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By: /s/ STEPHEN D. COLLINS (AS AUTHORIZED ON
APRIL 11, 2017)
STEPHEN D. COLLINS
KEVIN W. ISAACSON

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Attorneys for Defendants

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STIPULATION AND [PROPOSED] ORDER PERMITTING PLAINTIFF TELEVISION EDUCATION, INC. TO
FILE A SECOND AMENDED COMPLAINT AND MODIFYING SCHEDULING ORDER
863884.1

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ORDER

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IT IS ORDERED that Plaintiff Television Education, Inc. (“Television Education”) is

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granted leave to file the Second Amended Complaint for Copyright Infringement and Demand for

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Jury Trial (“Second Amended Complaint”). Television Education shall file the Second Amended

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Complaint within twenty (20) days of entry of this Order.

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IT IS FURTHER ORDERED that the Status (Pretrial Scheduling) Order is modified so

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that the deadline to disclose experts is extended to 8/28/2017; the deadline to disclose rebuttal

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experts is extended to 9/25/2017; and the deadline to complete all discovery is extended to

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10/27/2017; that the deadline to file motions is extended to 12/4/2017; that the date of the final

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pretrial conference is re-set to 2/12/2018 at 1:30 p.m.; and the date for trial is re-set to 4/10/2018

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at 9:00 a.m.

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IT IS SO ORDERED

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Dated: April 12, 2017

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STIPULATION AND [PROPOSED] ORDER PERMITTING PLAINTIFF TELEVISION EDUCATION, INC. TO
FILE A SECOND AMENDED COMPLAINT AND MODIFYING SCHEDULING ORDER
863884.1