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

Filing 156

ORDER adjusting schedule (as amended by the Court) (tf, COURT STAFF) (Filed on 1/21/2010)

Case3:08-cv-02136-SI Document155

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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 FIFTH 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 July 1, 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 have 26 lead to a final resolution of this matter; 27 WHEREAS, the parties have reached near final agreement on terms of settlement and have
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28 taken steps to assure settlement once reached will be effected; FIFTH JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION CASE MANAGEMENT SCHEDULE AND TRIAL DATE CASE NO.: CV 08-2136 SI

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WHEREAS, respective counsel for the parties have been and continue to be in frequent

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

4 confident of the parties' ability to resolve this highly complex matter, are diligently working to 5 finalize the settlement agreement. However, given the complicated nature of some of the 6 intellectual property at issue and due to the continuing time-zone and communication, multi-lingual 7 and multi-cultural challenges faced by counsel for Defendants, the parties require a small amount of 8 additional time; 9 WHEREAS, counsel for the parties believe that an additional fifteen (15) 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 agreed upon extension of the fact and expert discovery deadlines, and

13 dispositive motion deadlines is not for the purpose of delay, and the parties believe that this 14 reasonable extension of time may well obviate the need for trial in this matter, and is in the interests 15 of fairness and judicial economy. 16 ACCORDINGLY, the parties, by and through their undersigned counsel, HEREBY

17 STIPULATE as follows: 18 In order to avoid prejudicing the parties' discovery efforts and trial preparations, and to

19 allow the parties to focus on settlement negotiations, the parties agree and respectfully request that 20 the current pre-trial schedule be modified as follows: 21 1. The fact discovery cut-off, which is currently set for February 22, 2010, is extended

22 to March 9, 2010; 23 2. The deadline to designate experts, which is currently set for March 31, 2010, is

24 extended to April 15, 2010; 25 3. The deadline to designate rebuttal experts, which is currently set for April 26, 2010,

26 is extended to May 11, 2010; and 27 4. The expert discovery cut-off, which is currently set for May 12, 2010, is extended to
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28 May 27, 2010. FIFTH JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION CASE MANAGEMENT SCHEDULE AND TRIAL DATE CASE NO.: CV 08-2136 SI

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5.

The dates for dispositive motions are extended for fifteen (15) days, to the following

2 schedule: 3 4 5 6 6. Dispositive Motions Due: April 1, 2010 Oppositions Due: April 13, 2010 Replies Due: April 22, 2010 The hearing on dispositive motions, which is currently set for May 3, 2010, is reset

21 7 for May 18, 2010, or as soon thereafter as the Court's schedule permits. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Dated: 24 25 26 27 28
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7.

All other deadlines are tolled for fifteen (15) days as of the date of this stipulation.

IT IS SO STIPULATED BY THE PARTIES. Dated: January 15, 2010 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.

Dated: January 15, 2010

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