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

Filing 153

ORDER SETTING NEW TRIAL SCHEDULE (tf, COURT STAFF) (Filed on 12/17/2009)

Case3:08-cv-02136-SI Document152

Filed12/16/09 Page1 of 4

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 FOURTH 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, have
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28 reached near final agreement on terms of settlement and have taken steps to assure settlement once FOURTH JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION CASE MANAGEMENT SCHEDULE AND TRIAL DATE CASE NO.: CV 08-2136 SI

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1 reached will be effected; 2 WHEREAS, respective counsel for the parties have been and continue to be in frequent

3 contact to attempt to resolve the differences between the parties; 4 WHEREAS, the parties, mindful of this Court's interest in having this case resolved, and

5 confident of the parties' ability to resolve this highly complex matter, are diligently working to 6 reach a settlement. However, given the complicated nature of some of the intellectual property at 7 issue and due to the continuing time-zone and communication, multi-lingual and multi-cultural 8 challenges faced by counsel for Defendants, the parties require additional time; 9 WHEREAS, counsel for the parties believe that an additional thirty (30) day suspension of

10 applicable deadlines in this case will allow the parties and counsel to continue to devote their 11 attention and resources to a final resolution of this matter, 12 WHEREAS, the parties also agree that the requirement that they participate in a settlement

13 conference before a Magistrate Judge should also be continued for thirty (30) days as the parties 14 believe that they should be able to resolve the case without Judicial Assistance and would like to 15 focus their resources and time on finalizing settlement; 16 WHEREAS, the agreed upon extension of the settlement conference, the fact and expert

17 discovery deadlines, dispositive motion deadlines and the trial date is not for the purpose of delay, 18 and the parties believe that this reasonable extension of time may well obviate the need for trial in 19 this matter, and is in the interests of fairness and judicial economy. 20 ACCORDINGLY, the parties, by and through their undersigned counsel, HEREBY

21 STIPULATE as follows: 22 In order to avoid prejudicing the parties' discovery efforts and trial preparations, and to

23 allow the parties to focus on settlement negotiations, the parties agree and respectfully request that 24 the current pre-trial schedule be modified as follows: 25 1. The fact discovery cut-off, which is currently set for January 21, 2010, is extended to

26 February 22, 2010; 27 2. The deadline to designate experts, which is currently set for March 1, 2010, is
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28 extended to March 31, 2010; FOURTH JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION CASE MANAGEMENT SCHEDULE AND TRIAL DATE CASE NO.: CV 08-2136 SI

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1

3.

The deadline to designate rebuttal experts, which is currently set for March 25, 2010,

2 is extended to April 26, 2010; and 3 4. The expert discovery cut-off, which is currently set for April 12, 2010, is extended to

4 May 12, 2010. 5 5. The dates for dispositive motions are extended for thirty days, to the following

6 schedule: 7 8 9 10 6. Dispositive Motions Due: March 17, 2010 Oppositions Due: March 29, 2010 Replies Due: April 7, 2010 The hearing on dispositive motions, which is currently set for April 2, 2010, is reset

11 for May 3, 2010, or as soon thereafter as the Court's schedule permits. 12 7. The pretrial conference, which is currently set for May 18, 2010, is adjourned for

13 thirty (30) days, to June 17, 2010 or as soon thereafter as the Court's schedule permits. 14 8. The trial date, which is currently set for June 1, 2010, is adjourned for thirty (30)

15 days, to July 1, 2010 or as soon thereafter as the Court's schedule permits. 16 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / /
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9.

The settlement conference, which is currently set for January 15, 2010 (Dkt.

FOURTH JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION CASE MANAGEMENT SCHEDULE AND TRIAL DATE CASE NO.: CV 08-2136 SI

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1 No.147), is adjourned for thirty (30) days, to February 15, 2010, subject to Magistrate Maria-Elena 2 James' availability. 3 4 10. All other deadlines are tolled for thirty (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: December 16, 2009 6 7 8 9 10 11 Dated: December 16, 2009 12 13 14 15 16 17 18 19 Dated: 20 21 22 23 24 25 26 27 28
4791943v.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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FOURTH JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION CASE MANAGEMENT SCHEDULE AND TRIAL DATE CASE NO.: CV 08-2136 SI