Online Guru Inc. v. Cartagz, Inc.

Filing 32

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 06/07/18 ORDERING that the depositions of Shane Hale and Andrew Mason must be completed by 09/06/18; the current cut-off deadline of 06/08/18 for the completion of all other non-expert discovery REMAINS in full force and effect. All remaining deadlines set forth in the Court's Pretrial Scheduling Order are CONTINUED as follows: Designation of Expert Witnesses due by 10/24/2018 with any supplemental designations due 20 days th ereafter, last day to hear Dispositive Motions is 2/21/2019; Joint Pretrial Conference Statement due 06/06/19; Final Pretrial Conference set for 6/13/2019 ; Trial set for 8/26/2019 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Benson, A.)

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KRONENBERGER ROSENFELD, LLP
Karl S. Kronenberger (CA Bar No. 226112)
Tomasz Barczyk (CA Bar No. 312620)
150 Post Street, Suite 520
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant and Counterclaimant
Cartagz, Inc. aka Cartagz.com

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WALTERS LAW GROUP
Christopher L. Walters, Esq. (CA Bar No. 205510)
1901 First Avenue, Second Floor
San Diego, CA 92101
Telephone: [phone]
[e-mail]
Attorneys for Plaintiff and Counter-Defendant
Online Guru Inc.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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ONLINE GURU INC.,

Case No. 2:17-cv-01121-TLN-GGH

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Plaintiff,
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v.
CARTAGZ, INC. aka CARTAGZ.COM; and
DOES 1–10, inclusive,

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STIPULATION AND ORDER TO
EXTEND REMAINING DEADLINES
SET FORTH IN COURT’S OCTOBER
16, 2017 ORDER
MODIFIED FROM SUBMITTED
VERSION

Defendants.
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CARTAGZ, INC. aka CARTAGZ.COM,

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Counterclaimant,
v.

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ONLINE GURU INC.,
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Counter-Defendant.
Case No. 2:17-cv-01121-TLN-GGH

JOINT PROPOSED STIPULATION AND
ORDER

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Pursuant to the Court’s October 16, 2017 Pretrial Scheduling Order, and based on

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a showing of good cause, Plaintiff and Counter-Defendant Online Guru, Inc. (“Online

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Guru”) and Defendant and Counterclaimant Cartagz, Inc. aka Cartagz.com (“Cartagz”)

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hereby stipulate to extend the deadline for Cartagz to complete the depositions of two of

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Online Guru’s Witnesses, Shane Hale and Andrew Mason, as well as the remaining non-

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discovery deadlines set forth in the Court’s Pretrial Scheduling Order dated October 16,

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2017 (D.E. No. 8) by an additional ninety days.

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WHEREAS, the original deadline to complete discovery was May 30, 2018 (Pretrial
Scheduling Order dated October 16, 2017, D.E. No. 8);

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WHEREAS, by stipulation of the parties, the Court entered an Order extending the

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discovery cut-off deadline to June 8, 2018 (Order Extending Discovery Deadlines dated

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May 11, 2018, D.E. No. 26);

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WHEREAS, Cartagz began taking the deposition of Online Guru pursuant to
Federal Rule of Civil Procedure 30(b)(6) on May 31, 2018;

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WHEREAS, Online Guru designated Shane Hale to testify on behalf of Online Guru

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as its corporate representative on several topics, including some relating to the allegedly

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infringing advertisements at issue in this matter. Such testimony is important for Cartagz

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because this action contains a copyright infringement claim and the parties dispute who

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created the advertisements. Importantly, Online Guru alleges that Online Guru, including

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Mr. Hale, created the allegedly infringing advertisements;

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WHEREAS, the parties also scheduled for Cartagz to take the deposition of Shane

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Hale (in his individual capacity), on June 1, 2018, which would be held concurrently with

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his testimony as a representative of Online Guru;

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WHEREAS, Cartagz had scheduled the short deposition of Online Guru employee,
Andrew Mason, to take place on June 5, 2018;

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WHEREAS, on May 31, 2018, at about 8:55 a.m., the parties were informed that

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Shane Hale was hospitalized due to an unexpected illness, was expected to remain in the

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intensive care unit for multiple weeks, and was thus unable to offer his testimony at the
Case No. 2:17-cv-01121-TLN-GGH

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JOINT STIPULATION AND ORDER

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Rule 30(b)(6) deposition of Online Guru;
WHEREAS, as of the date of this filing, Shane Hale remains in intensive care and
is anticipated to be unavailable for at least two months;
WHEREAS, the parties anticipate that the combined duration of Andrew Mason’s
and Shane Hale’s (individual and 30(b)(6)) depositions will not exceed one day;

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WHEREAS, scheduling separate depositions for Andrew Mason and Shane Hale

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(individual and 30(b)(6)) would impose an undue burden—both financial and otherwise—

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on both parties, as well as the deponents;

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WHEREAS, it would be in the best interest of both the parties and the deponents
for Andrew Mason and Shane Hale to be deposed on the same day;

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WHEREAS, the deposition testimonies of Shane Hale (both as an individual and a

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Rule 30(b)(6) witness) and Andrew Mason are integral to the parties’ claims and defenses;

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WHEREAS, the parties have engaged in and plan to continue settlement

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discussions;
WHEREFORE, the parties hereby jointly stipulate and respectfully move this Court
to enter an Order extending the remaining deadlines as follows:
1. The current deadline to complete the depositions of Shane Hale and Andrew
Mason be extended by ninety days, from June 8, 2018 to September 6, 2018;
2. The current cut-off deadline of June 8, 2018 for the completion of all other nonexpert discovery remain in effect; and
3. All remaining deadlines set forth in the Court’s Pretrial Scheduling Order be
continued by ninety days, as follows:

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Deadline

Current Deadline

Proposed Deadline

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Expert designation

July 26, 2018

October 24, 2018

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Supplemental expert designation

20 days after

20 days after designation

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designation of expert

of expert witnesses

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witnesses
Case No. 2:17-cv-01121-TLN-GGH

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JOINT STIPULATION AND ORDER

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Last day to hear dispositive

November 15, 2018

February 13, 2019

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motions

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Joint Final Pretrial Conference

February 28, 2019

May 29, 2019

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Statement

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Final Pretrial Conference

March 7, 2019

June 5, 2018

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Trial

May 6, 2019 at 9:00

August 5, 2019

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a.m. for five to seven

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(5–7 days)

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Respectfully Submitted,

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Dated: June 6, 2018

KRONENBERGER ROSENFELD, LLP

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By:

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s/ Karl S. Kronenberger
Karl S. Kronenberger

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Attorneys for Defendant and
Counterclaimant Cartagz, Inc.
aka Cartagz.com

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Dated: June 6, 2018

WALTERS LAW GROUP

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By:

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s/ Christopher L. Walters
Christopher L. Walters

Attorneys for Plaintiff and CounterDefendant Online Guru, Inc.

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Case No. 2:17-cv-01121-TLN-GGH

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JOINT STIPULATION AND ORDER

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ORDER

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Pursuant to stipulation of the parties and based upon a showing of good cause, IT
IS HEREBY ORDERED that:

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1. The depositions of Shane Hale and Andrew Mason must be completed by
September 6, 2018;

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2. The current cut-off deadline of June 8, 2018 for the completion of all other nonexpert discovery remains in full force and effect; and
3. All remaining deadlines set forth in the Court’s Pretrial Scheduling Order be

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continued as follows:

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Deadline

Current Deadline

Deadline

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Expert designation

July 26, 2018

October 24, 2018

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Supplemental expert designation

20 days after

20 days after designation

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designation of expert

of expert witnesses

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witnesses

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Last day to hear dispositive

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motions

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Joint Final Pretrial Conference

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Statement

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Final Pretrial Conference

November 15, 2018

February 21, 2019

February 28, 2019

June 6, 2019

March 7, 2019

June 13, 2019, at 2:00

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p.m.
May 6, 2019 at 9:00

August 26, 2019, at 9:00

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a.m. for five to seven

a.m.

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(5–7 days)

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Trial

IT IS SO ORDERED.

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DATED: June 7, 2018

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Troy L. Nunley
United States District Judge

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Case No. 2:17-cv-01121-TLN-GGH

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JOINT STIPULATION AND ORDER