Rillito River Solar LLC v. Bamboo Industries, LLC

Filing 52

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 9/27/18 amending the pretrial scheduling order as follows: Opening Expert Reports due 1/11/2019, Rebuttal Expert Reports due 2/1/2019, Deadline for Dispositive Motion Hearings is 4/18/2019, Joint Final Pretrial Conference Statement due 7/18/2019. Final Pretrial Conference set for 7/25/2019 at 02:00 PM and Jury Trial set for 9/23/2019 at 09:00 AM, BOTH in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Kastilahn, A)

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Andrew G. Strickland (SBN 272364)
William B. Dyer III (Pro Hac Vice)
LEE & HAYES, PLLC
1175 Peachtree St., NE
100 Colony Square, Suite 2000
Atlanta, Georgia 30361
Telephone: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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RILLITO RIVER SOLAR LLC DBA
ECOFASTEN SOLAR, an Arizona limited
liability company,

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NO. 2:17-cv-00181-TLN-CKD
STIPULATION AND ORDER TO
CONTINUE DATES IN PRETRIAL
SCHEDULING ORDER

Plaintiff,

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vs.
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BAMBOO INDUSTRIES LLC DBA
SOLARHOOKS, a Delaware limited liability
company,

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Defendant.

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Pursuant to L.R. 143 and 144, Defendant Bamboo Industries LLC doing business as

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SolarHooks (“SolarHooks”), and Plaintiff Rillito River Solar LLC, doing business as EcoFasten

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Solar (“EcoFasten”), hereby stipulate and agree to continue the dates in the Pretrial Scheduling

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Order (Dkt. 15) as modified by the Minute Order on the Stipulation to Modify Pretrial

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Scheduling Order (Dkt. 48) (collectively “the Modified Pretrial Scheduling Order”) by at least 90

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days.

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Good cause exists to continue the dates in the Modified Pretrial Scheduling Order. After

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the Court’s entry of its Claim Construction Order on September 11, 2018 (ECF. No. 50), both

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parties recognized an opportunity to narrow the issues in the case, and have begun the process of

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STIPULATION TO TO CONTINUE DATES IN PRETRIAL SCHEDULING ORDER

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scheduling a mediation to resolve their dispute. The parties are optimistic that mediation will

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result in either a complete settlement or a significant narrowing of the number of patents and

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accused products at issue. The number of patents and accused products at issue have a direct

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impact on issues for which the parties plan to provide expert testimony, including, but not

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limited to: infringement or non-infringement of the patent-claims-at-issue by SolarHooks,

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invalidity or validity of the patent-claims-at-issue, and the calculation of damages. But, given the

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current schedule, the parties will not be able to engage in mediation and detailed settlement

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discussions before initial expert reports are due on October 12, 2018. As a result, the parties fear

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they will have to expend significant resources providing expert testimony that may no longer be

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relevant after the parties mediate and narrow the scope of their dispute.

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The parties therefore request at least a 90-day continuance of all currently scheduled

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dates to provide enough time to complete the mediation process and any later settlement

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discussion arising from the mediation process. The parties also seek at least a 90-day

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continuance so that they have sufficient time to prepare expert reports for any remaining issues

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in dispute after mediation, if needed. The table below shows the current dates identified in the

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Modified Pretrial Scheduling Order and the proposed dates the parties request through this

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stipulation:

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Event

Current Date

Stipulated Proposed Date*

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Opening Expert Reports

October 12, 2018

January 11, 2019

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Rebuttal Expert Reports

November 2, 2018

February 1, 2019

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Deadline for Dispositive Motion Hearings

January 10, 2019

April 12, 2019

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Joint Final Pretrial Conference Statement

March 28, 2019

June 28, 2019

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Final Pretrial Conference

April 4, 2019

July 11, 2019 or later

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Trial Date
June 3, 2019
September 3, 2019 or later
*The parties request a schedule that has at least the amount of time between dates as currently
provided for in the Modified Pretrial Scheduling Order. Should the Court schedule the Final

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STIPULATION TO TO CONTINUE DATES IN PRETRIAL SCHEDULING ORDER

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Pretrial Conference after July 11 or the start of Trial Dates after September 3, the parties request
a likewise continuance for the other dates in the calendar.

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Therefore, to preserve resources of the parties, to provide adequate time for mediation,

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related settlement discussion, and expert witnesses to prepare written reports following

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mediation and related settlement discussion, the parties hereby stipulate to at least a 90-day

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continuance of all dates in the Pretrial Scheduling Order (Dkt. 15) as modified by the Minute

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Order on the Stipulation to Modify Pretrial Scheduling Order (Dkt. 48).

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DATED this 26th day of September, 2018.

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LEE & HAYES PLLC

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By: /s/ Andrew G. Strickland
Andrew G. Strickland (SBN 272364)
William B. Dyer III (Pro Hac Vice)
1175 Peachtree Street NE
100 Colony Square, Suite 2000
Atlanta, GA 30361

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Counsel for Defendant

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KERCSMAR & FELTUS PLLC

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By: /s/ Sean J. O’Hara
Gregory B. Collins, (Pro Hac Vice)
Sean J. O’Hara, (Pro Hac Vice)
7150 East Camelback Road, Suite 285
Scottsdale, Arizona 85251

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Counsel for Plaintiff

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///

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STIPULATION TO TO CONTINUE DATES IN PRETRIAL SCHEDULING ORDER

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ORDER

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The Court amends its Pretrial Scheduling Order as follows:

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Event

New Date

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Opening Expert Reports

January 11, 2019

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Rebuttal Expert Reports

February 1, 2019

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Deadline for Dispositive Motion Hearings

April 18, 2019

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Joint Final Pretrial Conference Statement

July 18, 2019

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Final Pretrial Conference

July 25, 2019, at 2:00 PM

Jury Trial Date

September 23, 2019, at 9:00 AM

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Dated: September 27, 2018

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Troy L. Nunley
United States District Judge

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STIPULATION TO TO CONTINUE DATES IN PRETRIAL SCHEDULING ORDER