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

Filing 151

ORDER adjusting litigation schedule: motions set 4/2/10, pretrial set 5/18/10, jury trial set 6/1/10 (tf, COURT STAFF) (Filed on 11/5/2009)

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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 THIRD 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 April 19, 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, the parties have made additional progress in such settlement discussions and
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28 have taken steps to assure settlement once reached will be effected;

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WHEREAS, the parties are diligently working to reach a settlement, however, given the

2 complicated nature of some of the intellectual property at issue and due to the continuing time-zone 3 and communication challenges faced by counsel for Defendants, the parties require additional time; 4 WHEREAS, counsel for the parties believe that an additional forty-five (45) day suspension

5 of applicable deadlines in this case will allow the parties and counsel to continue to devote their 6 attention and resources to a final resolution of this matter, and 7 WHEREAS, the agreed upon extension of the fact and expert discovery deadlines,

8 dispositive motion deadlines and the trial date is not for the purpose of delay, and the parties believe 9 that this reasonable extension of time may well obviate the need for trial in this matter, and is in the 10 interests of fairness and judicial economy. 11 ACCORDINGLY, the parties, by and through their undersigned counsel, HEREBY

12 STIPULATE as follows: 13 In order to avoid prejudicing the parties' discovery efforts and trial preparations, and to

14 allow the parties to focus on settlement negotiations, the parties agree and respectfully request that 15 the current pre-trial schedule be modified as follows: 16 1. The fact discovery cut-off, which is currently set for December 7, 2009, is extended

17 to January 21, 2010; 18 2. The deadline to designate experts, which is currently set for January 13, 2010, is

19 extended to March 1, 2010; 20 3. The deadline to designate rebuttal experts, which is currently set for February 8,

21 2010, is extended to March 25, 2010; and 22 4. The expert discovery cut-off, which is currently February 24, 2010, is extended to

23 April 12, 2010. 24 5. The dates for dispositive motions is extended for thirty days, to the following

25 schedule: 26 27 28 · · · Dispositive Motions Due: February 15, 2010 Oppositions Due: February 25, 2010 Replies Due: March 8, 2010

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6.

The hearing on dispositive motions, which is currently February 15, 2010, is reset for

2 2 April 1, 2010, or as soon thereafter as the Court's schedule permits. 3 The pretrial conference, which is currently April 6, 2010, is adjourned for forty-five 18 4 days, to May 17, 2010 or as soon thereafter as the Court's schedule permits. 5 8. The trial date, which is currently April 19, 2010, is adjourned for forty-five days, to June 1, 6 May 31, 2010 or as soon thereafter as the Court's schedule permits. 7 8 9. All other deadlines are tolled for 45 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.

9 Dated: November 2, 2009 10 11 12 13 14 15 Dated: November 2, 2009 16 17 18 19 20 21 22 23 Dated: 24 25 26 27 28
4754811v.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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