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

Filing 146

ORDER continuing trial litigation schedule (tf, COURT STAFF) (Filed on 9/8/2009)

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1 2 3 4 5 6 7 8 9 10 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 CASE MANAGEMENT SCHEDULE AND TRIAL DATE Judge: Complaint Filed: Trial Date: Honorable Susan Illston April 24, 2008 February 16, 2010

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

DONG YOUNG DIAMOND INDUSTRIAL 16 CO., LTD., a South Korean company, DONGSOO LEE, an individual, and DOES 117 10, inclusive, 18 19 Defendants.

20 AND RELATED COUNTERCLAIMS. 21 22 23 STIPULATION WHEREAS, counsel for Continental D.I.A. Diamond Products, Inc. ("Continental" or

24 "Plaintiff") and Defendants Dong Young Diamond Industrial Co., Ltd. and counsel for DongSoo 25 Lee (collectively "Defendants") are actively engaged in settlement discussions which respective 26 counsel believe will lead to a final resolution of this matter. 27 WHEREAS, counsel believe that a thirty (30) day suspension of applicable deadlines in this
-1JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION CASE MANAGEMENT SCHEDULE AND TRIAL DATE CASE NO.: CV 08-2136 SI

28 case will allow the parties and counsel to devote their attention and resources to a final resolution of

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1 this matter, and 2 WHEREAS, the agreed upon extension of the fact and expert discovery deadlines,

3 dispositive motion deadlines and the trial date is not for the purpose of delay, and the parties believe 4 that this reasonable extension of time may well obviate the need for trial in this matter, and is in the 5 interests of fairness and in the interests of justice. 6 ACCORDINGLY, the parties, by and through their undersigned counsel, HEREBY

7 STIPULATE as follows: 8 In order to avoid prejudicing the parties' discovery efforts and trial preparations, and to

9 allow the parties to focus on settlement negotiations, the parties agree and respectfully request that 10 the current pre-trial schedule be modified as follows: 11 12 1. 2. The fact discovery cut-off, which is currently set for October 5, 2009, is extended to

13 November 5, 2009; 14 3. The deadline to designate experts, which is currently set for November 12, 2009, is

15 extended to December 14, 2009; 16 4. The deadline to designate rebuttal experts, which is currently set for December 7,

17 2009, is extended to January 7, 2010; and 18 5. The expert discovery cut-off, which is currently December 23, 2009 is extended to

19 January 25, 2010. 20 6. The dates for dispositive motions is extended for thirty days, to the following

21 schedule: 22 23 24 25 · · · Dispositive Motions Due: November 30, 2009 Oppositions Due: December 11, 2009 Replies Due: December 21, 2009

7. The hearing on dispositive motions, which is currently December 3, 2009, is reset for 15 26 January 4, 2010, or as soon thereafter as the Court's schedule permits. 27 / / / 28 / / /
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The pretrial conference has been continued to Tuesday, March 3/2/10 @ 3:30 p.m. 1 8. The trial date, which is currently February 16, 2010, is adjourned for thirty days, to 15 2 March 16, 2010 or as soon thereafter as the Court's schedule permits 3 4 9. All other deadlines are tolled for 30 days as of the date of this stipulation.

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.

5 Dated: September 1, 2009 6 7 8 9 10 11 Dated: September 1, 2009 12 13 14 15 16 17 18 19 Dated: 20 21 22 23 24 25 26 27 28
4704210v1

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 CASE MANAGEMENT SCHEDULE AND TRIAL DATE CASE NO.: CV 08-2136 SI