Picketfence Inc. v. R.R. Donnelley & Sons Company

Filing 109

ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 108 Stipulation filed by R.R. Donnelley & Sons Company, Picketfence Inc. Signed by Judge James Larson on 2/10/09. (jlsec, COURT STAFF) (Filed on 2/10/2009)

Case 3:07-cv-01551-JL

Document 108

Filed 01/20/2009

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JEFFREY L. WIDMAN SHAW GUSSIS FISHMAN GLANTZ WOLFSON & TOWBIN LLC 321 N. Clark Street, Suite 800 Chicago, IL 60610 Telephone: [phone] Fax: [phone] JAMIE L. DUPREE FUTTERMAN & DUPREE LLP 160 Sansome St Fl 17 San Francisco, CA 94104 Telephone [phone] Fax: [phone] Attorneys for Defendant/Counter Claimant R.R. Donnelley & Sons Company Robert O. Whyte (SBN 130021) Christina A. Dondero (SBN 230616) NIESAR & WHYTE, LLP 90 New Montgomery Street, 9th Floor San Francisco, California 94105 Telephone: [phone] Fax: [phone] Attorneys for Plaintiff/Counter-Defendant PicketFence, Inc. doing business as SandBox Studio UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION PICKETFENCE, INC., a California corporation doing business as SANDBOX STUDIO, Plaintiff, v. R. R. DONNELLEY & SONS COMPANY, a Delaware corporation; and DOES 1 through 30, inclusive, Defendants AND RELATED COUNTERCLAIM -1STIPULATION AND PROPOSED ORDER TO CONTINUE VARIOUS DEADLINES CASE No. C07-1551 JL

Case No. C 07-1551 JL STIPULATION AND PROPOSED ORDER TO AMEND CASE MANAGEMENT AND PRETRIAL ORDER

Case 3:07-cv-01551-JL

Document 108

Filed 01/20/2009

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Plaintiff/Counter-Defendant Picketfence, Inc. and Defendant/Counter-Plaintiff R.R. Donnelley & Sons Company ("Donnelley"), by their undersigned counsel, submit this Stipulation and Proposed Order to Amend Case Management and Pretrial Order. On December 10, 2008, the parties attended a mediation with JAMS Mediator and former Federal Judge Edward Infante. While the parties did not settle the case at that time, Judge Infante recommended that the parties suspend their discovery efforts four to six weeks thereby reducing their respective attorneys' fees and costs so that Judge Infante could further explore the possibility of a settlement and a possible second mediation session. Consequently, the parties have temporarily suspended their efforts to schedule depositions and conduct further discovery, which in turn, necessitates an extension of various deadlines in the case. The stipulation seeks to continue the scheduled trial date and move various deadlines for discovery, dispositive motions and court hearing dates scheduled by this Court pursuant to its Case Management and Pretrial Order dated September 29, 2008 (Docket #101), as amended by the Court pursuant to the parties' Stipulation Regarding Expert Witness Deadlines dated November 29, 2008 (Docket #107) as follows: 1. 2. 3. The discovery deadline of February 11, 2009 is continued to May 12, 2009. The dispositive motion deadline of March 18, 2009 is continued to June 3, 2009. The hearing date for dispositive motions is continued from April 22, 2009 to July 8, 2009. 4. The case management conference scheduled for April 26, 2009 is continued to July 8, 2009 at 10:30 a.m. 5. The final pretrial conference is continued from May 20, 2009 to August 5, 2009 at 11:00 a.m. in Courtroom F, 15th Floor. 6. 7. The trial date of June 15, 2009 is continued to August 31, 2009. All other provisions and deadlines contained in the Court's Case Management Order shall remain intact.

-2STIPULATION AND PROPOSED ORDER TO CONTINUE VARIOUS DEADLINES CASE No. C07-1551 JL

Case 3:07-cv-01551-JL

Document 108

Filed 01/20/2009

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Dated: January 20, 2009

NIESAR & WHYTE LLP By: /s/ Robert O. Whyte Robert O. Whyte NIESAR & WHYTE LLP Attorneys for Plaintiff/Counter-Defendant PicketFence, Inc. d/b/a SandBox Studio

Dated: January 20, 2009

SHAW GUSSIS FISHMAN GLANTZ WOLFSON & TOWBIN LLC By: /s/ Jeffrey L. Widman Jeffrey L. Widman (Admitted Pro Hac Vice) SHAW GUSSIS FISHMAN GLANTZ WOLFSON & TOWBIN LLC Attorneys for Defendant/Counter-Claimant R.R. Donnelley & Sons Company

Dated: January 20, 2009

FUTTERMAN & DUPREE LLP By: /s/ Jamie L. Dupree Jamie L. Dupree FUTTERMAN & DUPREE LLP Attorneys for Defendant/Counter-Claimant R.R. Donnelley & Sons Company

ORDER IT IS SO ORDERED: February 10, 2009 Dated: ____________________ The Honorable James Larson

-3STIPULATION AND PROPOSED ORDER TO CONTINUE VARIOUS DEADLINES CASE No. C07-1551 JL