Zoom Imaging Solutions, Inc. v. Roe et al

Filing 127

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 1/7/2021 EXTENDING the deadline for the parties to disclose experts and produce reports to 3/25/2021 and, with respect to experts intended solely for rebuttal, the deadline for the parties to disclose experts and produce reports is EXTENDED to 4/22/2021.(Mena-Sanchez, L)

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David A. Garcia CA Bar No. 218356
[e-mail]
Graham M. Hoerauf CA Bar No. 307649
[e-mail]
Carlos Bacio CA Bar No. 328466
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
Park Tower, Fifteenth Floor
695 Town Center Drive
Costa Mesa, CA 92626
Telephone:
714-800-7900
Facsimile:
714-754-1298

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Attorneys for Plaintiff Zoom Imaging Solutions, Inc.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ZOOM IMAGING SOLUTIONS, INC.,

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Plaintiff,
v.
EDWARD ROE; MAXWELL RAMSAY;
JON CROSSEN; CORINNE FUERST;
ANDREW ALSWEET; KEVIN TOON;
JASON PEEBLER; ABIGAIL NEAL;
POWER BUSINESS TECHNOLOGY LLC;
BRYAN DAVIS; MAURA LOPEZ;
JEFFREY ORLANDO; JESSICA HINTZ
and DOES 1 through 100, inclusive,

Case No. 2:19-CV-01544-WBS-KJN
STIPULATION TO EXTEND EXPERT
DISCOVERY DEADLINE; ORDER
Complaint Filed:
Trial Date:
Judge:
Magistrate Judge:

August 9, 2019
None Set
Hon. William B. Shubb
Hon. Kendal J. Newman

Defendants.

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Zoom v Roe 191544.Stip EOT
Expert Discovery

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Plaintiff Zoom Imaging Solutions, Inc. (“Plaintiff”) and Defendants Edward Roe, Max
Ramsay, Jon Crossen Corinne Fuerst, Andy Alsweet, Kevin Toon, Jason Peebler, Abigail Neal,
Power Business Technology LLC, Bryan Davis, Maura Lopez, Jeffrey Orlando and Jessica Hintz
(“Defendants”) hereby stipulate and respectfully request an Order modifying the Court’s Scheduling
Order dated February 13, 2020, [Dkt. No. 90], to extend the deadline for the parties to disclose
experts and produce reports until March 25, 2021 and, with respect to experts intended solely for
rebuttal, to extend the deadline for the parties to disclose experts and produce reports until April 22,
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Case No. 2:19-CV-01544-WBS-KJN
STIPULATION TO EXTEND EXPERT DISCOVERY DEADLINE; ORDER

{02344256.DOCX}

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2021. The current deadlines are February 12, 2021 and March 12, 2021, respectively. Plaintiff and

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Defendants (the “Parties”), through their respective counsel, hereby stipulate and agree to the

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following:

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WHEREAS, Plaintiff commenced this action against Defendants by filing a Complaint on
August 9, 2019;

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WHEREAS, Plaintiff served and filed its Amended Complaint on November 29, 2019;

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WHEREAS, the Parties have conducted, and continue to conduct, fact discovery;

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WHEREAS, Plaintiff believes there is additional fact discovery it must conduct so as to allow

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its experts sufficient time to prepare their reports;

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WHEREAS, Defendants agree to stipulate to extend the expert discovery deadlines;

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WHEREAS, good cause exists to extend the expert discovery deadline of this matter as all

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Parties have stipulated to this continuance and the interests of justice are best served by the brief

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continuance, which will allow the Parties additional time to evaluate the merits of this action and to

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prepare their respective experts for trial.

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED between the Parties
as follows:

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The deadline for the parties to disclose experts and produce reports is extended to March 25,

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2021 and, with respect to experts intended solely for rebuttal, the deadline for the parties to disclose

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experts and produce reports is extended to April 22, 2021.

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DATED: January 5, 2021

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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/
David A. Garcia
Graham M. Hoerauf
Carlos Bacio
Attorneys for Plaintiff
Zoom Imaging Solutions, Inc.

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Zoom v Roe 191544.Stip EOT
Expert Discovery

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Case No. 2:19-CV-01544-WBS-KJN
STIPULATION TO EXTEND EXPERT DISCOVERY DEADLINE; ORDER

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DATED: January 5, 2021

STOEL RIVES LLP

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By: /s/
Thomas A. Woods
Christopher L. Russell
Nicholas Karkazis
Attorneys for Defendants
Edward Roe and Power Business Technology,
LLC

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DATED: January 5, 2021

PORTER SCOTT, APC

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By: /s/
.
Martin N. Jensen
Jeffrey A. Nordlander
Attorneys for Defendants
Max Ramsay, erroneously sued as Maxwell
Ramsay, Jon Crossen, Corrine Fuerst, Andy
Alsweet, erroneously sued as Andrew Alsweet,
Kevin Toon, Jason Peebler, Abigail Neal, Bryan
Davis, Jessica Hintz, Maura Lopez and Jeffrey
Orlando

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ORDER

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The Court, having reviewed the Parties’ Joint Stipulation to extend expert discovery, and
with good cause present, IT IS ORDERED THAT the deadline for the parties to disclose experts
and produce reports is extended to March 25, 2021 and, with respect to experts intended solely for
rebuttal, the deadline for the parties to disclose experts and produce reports is extended to April 22,
2021.
Dated: January 7, 2021

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Zoom v Roe 191544.Stip EOT
Expert Discovery

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zoom.1544

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Case No. 2:19-CV-01544-WBS-KJN
STIPULATION TO EXTEND EXPERT DISCOVERY DEADLINE; ORDER

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PROOF OF SERVICE
Zoom Imaging Solutions, Inc. v. Edward Roe, et al.
Case No. 2:19-CV-01544-WBS-KJN

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I am and was at all times herein mentioned over the age of 18 years and not a party to the
action in which this service is made. At all times herein mentioned I have been employed in the
County of Orange in the office of a member of the bar of this court at whose direction the service
was made. My business address is 695 Town Center Drive, Suite 1500, Costa Mesa, CA 92626.

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On January 7, 2021, I served the following document(s):

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STIPULATION TO EXTEND EXPERT DISCOVERY DEADLINE; [PROPOSED] ORDER

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by placing ☐ (the original) ☒ (a true copy thereof) in a sealed envelope addressed as follows:

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☐

BY MAIL: I placed the envelope for collection and mailing, following our ordinary business
practices. I am readily familiar with the practice of Ogletree, Deakins, Nash, Smoak &
Stewart P.C.’s practice for collecting and processing correspondence for mailing. On the
same day that correspondence is placed for collection and mailing, it is deposited in the
ordinary course of business with the United States Postal Service, in a sealed envelope with
postage fully prepaid.

☐

BY FACSIMILE: by transmitting a facsimile transmission a copy of said document(s) to
the following addressee(s) at the following number(s), in accordance with:

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☐
☐

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☒

BY CM/ECF: With the Clerk of the United States District Court of California, using the
CM/ECF System. The Court’s CM/ECF System will send an e-mail notification of the
foregoing filing to the parties and counsel of record who are registered with the Court’s
CM/ECF System.

☒

(Federal)

I declare that I am employed in the office of a member of the State Bar of this
Court at whose direction the service was made. I declare under penalty of
perjury under the laws of the United States of America that the above is true
and correct.

☐

(Federal)

I declare that I am a member of the State Bar of this Court at whose direction
the service was made. I declare under penalty of perjury under the laws of the
United States of America that the above is true and correct.

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the written confirmation of counsel in this action:
[Federal Court] the written confirmation of counsel in this action and order of
the court:

I declare under penalty of perjury under the laws of the United States of America that the
above is true and correct.
Executed on January 7, 2021, at Costa Mesa, California.

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Zoom v Roe 191544.Stip EOT
Expert Discovery

___/s/_____________________

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Theresa Fontes

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Case No. 2:19-CV-01544-WBS-KJN
STIPULATION TO EXTEND EXPERT DISCOVERY DEADLINE; ORDER

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SERVICE LIST

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Thomas A. Woods, Esq.
Christopher L. Russell, Esq.
Corey M. Day, Esq.
Nicholas Karkazis, Esq.
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone:
916-447-0700
Facsimile:
916-447-4781
[e-mail]
[e-mail]
[e-mail]
[e-mail]

Attorneys for Defendants
EDWARD ROE and POWER BUSINESS
TECHNOLOGY, LLC

Martin N. Jensen, Esq.
Jeffrey A. Nordlander, Esq.
PORTER SCOTT, APC
350 University Avenue, Suite 200
Sacramento, CA 95825
Telephone:
916-929-1481
Facsimile:
916-927-3706
[e-mail]
[e-mail]
[e-mail]

Attorneys for Defendants
MAX RAMSAY, erroneously sued as
MAXWELL RAMSAY, JON CROSSEN,
CORINNE FUERST, ANDY ALSWEET,
erroneously sued as ANDREW ALSWEET,
KEVIN TOON, JASON PEEBLER, ABIGAIL
NEAL, BRYAN DAVIS, JESSICA HINTZ,
MAURA LOPEZ, and JEFFREY ORLANDO

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Zoom v Roe 191544.Stip EOT
Expert Discovery

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Case No. 2:19-CV-01544-WBS-KJN
STIPULATION TO EXTEND EXPERT DISCOVERY DEADLINE; ORDER

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