Continental D.I.A. Diamond Products, Inc. v. Dong Young Diamond Industrial Co., Ltd. et al

Filing 143

ORDER extending discovery cutoff deadlines (tf, COURT STAFF) (Filed on 8/26/2009)

Case3:08-cv-02136-SI Document139

Filed08/20/09 Page1 of 3

1 JEFFREY M. RATINOFF (SBN 197241) Email: [e-mail] 2 KARINEH KHACHATOURIAN (SBN 202634) Email: [e-mail] 3 MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO P.C. 4 5 Palo Alto Square - 6th Floor 3000 El Camino Real 5 Palo Alto, California 94306-2155 Telephone: [phone] Facsimile: [phone] 7 Attorneys for Plaintiff/Counter-Defendant, CONTINENTAL D.I.A. DIAMOND PRODUCTS, INC. 8 9 10 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. CV 08-2136 SI JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION OF THE SCHEDULING ORDER RE: DISCOVERY DEADLINES Judge: Complaint Filed: Trial Date: Honorable Susan Illston April 24, 2008 February 16, 2010

12 CONTINENTAL D.I.A. DIAMOND PRODUCTS, INC., a California corporation, 13 14 15 vs. Plaintiff,

16 DONG YOUNG DIAMOND INDUSTRIAL CO., LTD., a South Korean company, 17 DONGSOO LEE, an individual, and DOES 118 10, inclusive, 19 Defendants. 20 21 AND RELATED COUNTERCLAIMS. 22 23 24

STIPULATION WHEREAS, counsel for Continental D.I.A. Diamond Products, Inc. ("Continental" or

25 "Plaintiff") and Defendants Dong Young Diamond Industrial Co., Ltd. and counsel for DongSoo 26 Lee (collectively "Defendants") attended the August 14, 2009 case management conference. 27 WHEREAS, at the conference Continental informed the Court that it would require an
-1JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION OF THE SCHEDULING ORDER RE: DISCOVERY DEADLINES CASE NO.: CV 08-2136 SI

28 additional seven (7) days to complete fact discovery and an additional thirty (30) days to complete

Case3:08-cv-02136-SI Document139

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1 expert discovery due to Defendants' delay in the production of documents required by the Court's 2 July 17, 2009 Order. See Dkt. No. 114. 3 4 WHEREAS, Defendants agreed to such extensions of the discovery deadlines. WHEREAS, on August 18, 2009 the Court entered an order: (1) advancing the hearing on

5 motions for summary judgment from December 4, 2009 to December 3, 2009; (2) requiring 6 Defendants to produce all responsive documents in compliance with the Court's July 17, 2009 order 7 by August 28, 2009; and (3) requiring Continental to draft a proposed scheduling order regarding 8 discovery deadlines. See Dkt. No. 138. 9 WHEREAS, the agreed upon extension of the fact and expert discovery deadlines is not for

10 the purpose of delay, and the parties believe that this reasonable extension of time will not affect 11 any of the other dates set by the Court, including the February 16, 2010 trial date, and is in the 12 interests of fairness and in the interests of justice. 13 ACCORDINGLY, the parties, by and through their undersigned counsel, HEREBY

14 STIPULATE as follows: 15 In order to avoid prejudicing the parties' discovery efforts and trial preparations, and to

16 allow the parties sufficient time to complete fact and expert discovery, the parties agree and 17 respectfully request that the current pre-trial schedule (See Dkt. Nos. 44-2, 78, 95-96, 99) be 18 modified as follows: 19 1. The fact discovery cut-off, which is currently set for September 28, 2009, is

20 extended to October 5, 2009; 21 2. The deadline to designate experts, which is currently set for October 12, 2009, is

22 extended to November 12, 2009; 23 3. The deadline to designate rebuttal experts, which is currently set for November 5,

24 2009, is extended to December 7, 2009; and 25 / / / 26 / / / 27 / / / 28 / / /
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1

4.

The expert discovery cut-off, which is currently November 30, 2009 is extended to

2 December 23, 2009. 3 IT IS SO STIPULATED BY THE PARTIES. MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO P.C. /s/ Jeffrey M. Ratinoff By: JEFFREY M. RATINOFF Attorneys for Plaintiff/Counter-Defendant, Continental D.I.A. Diamond Products, Inc.

4 Dated: August 20, 2009 5 6 7 8 9 10 Dated: August 20, 2009 11 12 13 14 15 16 17 18 Dated: 19 20 21 22 23 24 25 26 27 28
4695589v.2

PRETI FLAHERTY BELIVEAU & PACHIOS, LLP /s/ Alfred C. Frawley By: ALFRED C. FRAWLEY Attorneys for Defendants/Counterclaimants, Dong Young Diamond Industrial Co., Ltd., and DongSoo Lee

PURSUANT TO STIPULATION, IT IS SO ORDERED.

THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE

-3JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION OF THE SCHEDULING ORDER RE: DISCOVERY DEADLINES CASE NO.: CV 08-2136 SI