Netflix, Inc. v. Blockbuster, Inc.

Filing 207

ORDER by Judge Alsup granting 206 Motion to Extend Expert Report Deadline One Week (whalc1, COURT STAFF) (Filed on 5/14/2007)

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Netflix, Inc. v. Blockbuster, Inc. Doc. 207 Case 3:06-cv-02361-WHA Case 3:06-cv-02361-WHA Document 207 Document 206 Filed 05/14/2007 Filed 05/11/2007 Page 1 of 3 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BINGHAM MCCUTCHEN LLP Marshall B. Grossman - (SBN 35958) William J. O'Brien - (SBN 99526) Tony D. Chen - (SBN 176635) Dominique N. Thomas - (SBN 231464) The Water Garden 1620 26th Street Fourth Floor, North Tower Santa Monica, CA 90404-4060 Telephone: (310) 907-1000 Facsimile: (310) 907-2000 Donn P. Pickett (SBN 72257) Mary T. Huser (SBN 136051) Adrienne L. Taclas (SBN 166115) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: (415) 393-2000 Facsimile: (415) 393-2286 Attorneys for Defendant and Counterclaimant, BLOCKBUSTER INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA NETFLIX, INC., a Delaware corporation, Plaintiff, v. BLOCKBUSTER, INC., a Delaware corporation, DOES 1-50, Defendant. AND RELATED COUNTERCLAIMS Complaint Filed: April 4, 2006 Case No. C 06 2361 WHA (JCS) BLOCKBUSTER'S UNOPPOSED MOTION TO EXTEND EXPERT REPORT DEADLINE ONE WEEK BECAUSE OF UNEXPECTED SURGERY; PROPOSED ORDER BLOCKBUSTER'S UNOPPOSED MOTION TO EXTEND EXPERT REPORT DEADLINE ONE WEEK BECAUSE OF UNEXPECTED SURGERY; PROPOSED ORDER CASE NO. C 06 2361 WHA (JCS) SF/21712992.1 Dockets.Justia.com Case 3:06-cv-02361-WHA Case 3:06-cv-02361-WHA Document 207 Document 206 Filed 05/14/2007 Filed 05/11/2007 Page 2 of 3 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant and Counterclaimant, Blockbuster Inc., by and through undersigned counsel, will and hereby moves this Court for an order amending the Court's Case Management Order because of an unexpected medical problem requiring that Blockbuster's damages expert undergo cancer surgery on less than a week's notice and during the same week when his report is due. Blockbuster retained Jeffrey Kinrich as its damages expert and arranged for him to respond to the damages report submitted on Friday, May 4, by Netflix's expert, David Teece. With that work in progress, Blockbuster's counsel learned for the first time on the afternoon of Wednesday, May 9, 2007, that Mr. Kinrich had just been scheduled to undergo cancer surgery the following Tuesday, May 15, 2007. Mr. Kinrich himself had just learned of the need for the surgery the preceding day. Mr. Kinrich's surgery is scheduled during the same week in which his responsive report on damages is currently due. Blockbuster seeks a one week extension of time to permit Mr. Kinrich an opportunity to prepare his report, and a corresponding one-week extension of the deadline for Netflix's reply report on damages. Netflix does not oppose the modification sought by Blockbuster. Specifically, Blockbuster requests that the following deadlines be modified: Description Deadline for Blockbuster's responsive expert report on damages issues Deadline for Netflix's reply report on damages issues Current Deadline May 18, 2007 Proposed Deadline May 25, 2007 May 25, 2007 June 1, 2007 This one-week extension will not impact the expert discovery cut-off previously ordered by the Court. Therefore, the requested modification is not expected to effect the progress of this case towards trial. BLOCKBUSTER'S UNOPPOSED MOTION TO EXTEND EXPERT REPORT DEADLINE ONE WEEK BECAUSE OF UNEXPECTED SURGERY; PROPOSED ORDER CASE NO. C 06 2361 WHA (JCS) SF/21712992.1 Case 3:06-cv-02361-WHA Case 3:06-cv-02361-WHA Document 207 Document 206 Filed 05/14/2007 Filed 05/11/2007 Page 3 of 3 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 For the foregoing reasons, Blockbuster requests that the Court modify its Case Management Order to extend the aforementioned discovery deadlines. Dated: May 11, 2007 BINGHAM MCCUTCHEN LLP By: Mary T. Huser /s/ Mary T. Huser Attorneys for Defendant and Counterclaimant, BLOCKBUSTER INC. UNIT ED 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT SO ORDERED. S S DISTRICT TE C TA May 14, 2007 Dated: ____________________ ER IS T RIC T HONORABLE WILLIAM ALSUP UNITED STATES DISTRICT COURT JUDGE N D OF BLOCKBUSTER'S UNOPPOSED MOTION TO EXTEND EXPERT REPORT DEADLINE ONE WEEK BECAUSE OF UNEXPECTED SURGERY; PROPOSED ORDER CASE NO. C 06 2361 WHA (JCS) SF/21712992.1 A C LI FO Judge W illiam A lsup R NIA IT IS S O ORD ERED RT U O NO RT H

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