McGraw-Hill Global Education Holdings, LLC et al v. Stolyarchuk

Filing 27

STIPULATION and ORDER to Modify Scheduling 26 signed by Senior Judge William B. Shubb on 10/16/2018: The dates are modified as follows: 1) Rule 26(a)(2) expert witness disclosures: 1/7/2019; 2) Rebuttal expert witness reports: 2/4/2019; 3) Comp letion of discovery: 3/7/2019; 4) Deadline to file dispositive motions: 4/4/2019; 5) Final Pretrial Conference is set for 7/22/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; and 6) Jury Trial is set for 9/17/2019 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)

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NAOMI JANE GRAY (SBN 230171)
SHADES OF GRAY LAW GROUP, P.C.
100 Shoreline Highway, Suite 100B
Mill Valley, CA 94941
Telephone: [phone]
Facsimile: [phone]
[e-mail]

MICHAEL J. IOANNOU (SBN 95208)
[e-mail]
KEVIN W. ISAACSON (SBN 281067)
[e-mail]
CLARK A. WALDON (SBN 312696)
[e-mail]
ROPERS, MAJESKI, KOHN & BENTLEY
50 West San Fernando Street, Suite 1400
San Jose, CA 95113
Telephone:
[phone]
Facsimile:
[phone]

SCOTT ZEBRAK
JEFFREY M. GOULD (pro hac vice)
OPPENHEIM + ZEBRAK, LLP
5225 Wisconsin Avenue NW, Suite 503
Washington, D.C. 20015
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

Attorneys for Defendant
YAROSLAV STOLYARCHUK

Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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MCGRAW-HILL GLOBAL
EDUCATION HOLDINGS, LLC,
PEARSON EDUCATION, INC., and
CENGAGE LEARNING, INC.,

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JOINT STIPULATION AND CONSENT
[PROPOSED] SCHEDULING ORDER

Plaintiff,

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Case No. 2:17-cv-01716-WBS-DB

v.
YAROSLAV STOLYARCHUK,
Defendant.

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WHEREAS, Plaintiffs filed their Complaint on August 17, 2017 and their First Amended
Complaint on April 12, 2018;
WHEREAS, on December 13, 2017, the Court entered a Status (Pretrial Scheduling)
Order (ECF No. 10);
WHEREAS, discovery commenced in December 2017;

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JOINT STIPULATION AND CONSENT
[PROPOSED] SCHEDULING ORDER

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CASE NO. 17-cv-01716-WBS-DB

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WHEREAS, the parties sought two previous modifications of the Scheduling Order: first,

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because discovery moved more slowly than anticipated (ECF No. 20), and second, to allow the

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parties to explore settlement discussions, without litigation deadlines impeding the possibility of

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a settlement (ECF No. 24), both of which modifications the Corut granted (ECF Nos. 22, 25);

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WHEREAS, the parties have made progress in settlement discussions, but agree that

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additional time is necessary to conclude such discussions, including, if the parties later agree,

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through Local Rule 271’s Voluntary Dispute Resolution Program; and
WHEREAS, this is the parties’ third request for an extension of any deadline in the

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Court’s Pre-Trial Scheudling Order (ECF No. 10);

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THE PARTIES JOINTLY CONSENT TO and request that the Court enter an Order

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modifying certain dates in the Order Modifying the Pre-Trial Scheduling Order (ECF No. 25), as

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follows:

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Old Date

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Rule 26(a)(2) expert witness disclosures

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October 31, 2018

February 4, 2019

January 7, 2019

March 7, 2019

February 4, 2019

Completion of discovery

January 7, 2019

November 28, 2018

Rebuttal expert witness reports
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New Date

April 4, 2019

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Deadline to file dispositive motions

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Final pre-trial conference

May 13, 2019

July 15, 2019

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Trial

July 16, 2019

September 16, 2019*

* or at the Court’s earliest convenience thereafter.

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//

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JOINT STIPULATION AND CONSENT
[PROPOSED] SCHEDULING ORDER

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CASE NO. 17-cv-01716-WBS-DB

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All other dates listed in the Pre-Trial Scheduling Order (ECF No. 10) shall remain in
place.

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Respectfully submitted,
Dated: October 12, 2018

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SHADES OF GRAY LAW GROUP, P.C.
NAOMI JANE GRAY
OPPENHEIM + ZEBRAK, LLP
SCOTT ZEBRAK
JEFFREY M. GOULD (pro hac vice)

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/s/ Naomi Jane Gray
Attorneys for Plaintiffs

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ROPERS, MAJESKI, KOHN & BENTLEY

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/s/ Kevin Isaacson (as authorized
on Oct. 12, 2018)
MICHAEL J. IOANNOU
KEVIN ISAACSON
CLARK A. WALDON

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Attorneys for Defendant
YAROSLAV STOLYARCHUK

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IT IS SO ORDERED. The dates are modified as follows:
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Rule 26(a)(2) expert witness disclosures: January 7, 2019

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Rebuttal expert witness reports: February 4, 2019

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Completion of discovery: March 7, 2019

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Deadline to file dispositive motions: April 4, 2019

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Final pre-trial conference: July 22, 2019 at 1:30 p.m.

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Jury Trial: September 17, 2019 at 9:00 a.m.

Dated: October 16, 2018

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JOINT STIPULATION AND CONSENT
[PROPOSED] SCHEDULING ORDER

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CASE NO. 17-cv-01716-WBS-DB