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

Filing 149

ORDER adjusting trial schedule (see order for amendments) (tf, COURT STAFF) (Filed on 10/1/2009)

Case3:08-cv-02136-SI Document148

Filed09/29/09 Page1 of 3

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 SECOND 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, Continental D.I.A. Diamond Products, Inc. ("Continental" or "Plaintiff") and

24 Defendants Dong Young Diamond Industrial Co., Ltd. and DongSoo Lee (collectively 25 "Defendants") continue to engage in settlement discussions, which respective counsel believe will 26 lead to a final resolution of this matter; 27 WHEREAS, while the parties have made significant progress in such settlement discussions,
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28 due to the time-zone and communication challenges faced by counsel for Defendants, such

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1 discussions are taking longer than original expected; 2 WHEREAS, counsel for the parties believe that an additional thirty (30) day suspension of

3 applicable deadlines in this case will allow the parties and counsel to continue to devote their 4 attention and resources to a final resolution of this matter, and 5 WHEREAS, the agreed upon extension of the fact and expert discovery deadlines,

6 dispositive motion deadlines and the trial date is not for the purpose of delay, and the parties believe 7 that this reasonable extension of time may well obviate the need for trial in this matter, and is in the 8 interests of fairness and judicial economy. 9 ACCORDINGLY, the parties, by and through their undersigned counsel, HEREBY

10 STIPULATE as follows: 11 In order to avoid prejudicing the parties' discovery efforts and trial preparations, and to

12 allow the parties to focus on settlement negotiations, the parties agree and respectfully request that 13 the current pre-trial schedule be modified as follows: 14 1. The fact discovery cut-off, which is currently set for November 5, 2009, is extended

15 to December 7, 2009; 16 2. The deadline to designate experts, which is currently set for December 14, 2009, is

17 extended to January 13, 2010; 18 3. The deadline to designate rebuttal experts, which is currently set for January 7, 2010,

19 is extended to February 8, 2010; and 20 4. The expert discovery cut-off, which is currently January 25, 2010, is extended to

21 February 24, 2010. 22 5. The dates for dispositive motions is extended for thirty days, to the following

23 schedule: 24 25 26 27 · · · 6. Dispositive Motions Due: December 30, 2009 Oppositions Due: January 11, 2010 Replies Due: January 21, 2010 The hearing on dispositive motions, which is currently January 15, 2010, is reset for

28 February 15, 2010, or as soon thereafter as the Court's schedule permits.
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The pretrial conference, which is currently March 2, 2010, is adjourned for thirty 6 2 days, to April 1, 2010 or as soon thereafter as the Court's schedule permits. 3 8. The trial date, which is currently March 15, 2010, is adjourned for thirty days, to 19 4 April 14, 2010 or as soon thereafter as the Court's schedule permits. 5 6 9. All other deadlines are tolled for 30 days as of the date of this stipulation.

7.

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.

7 Dated: September 29, 2009 8 9 10 11 12 13 Dated: September 29, 2009 14 15 16 17 18 19 20 21 Dated: 22 23 24 25 26 27 28
4724877v.1

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

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