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

Filing 160

ORDER adjusting motion and trial schedule (tf, COURT STAFF) (Filed on 2/10/2010)

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 SIXTH JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION OF CASE MANAGEMENT SCHEDULE 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 vs. Plaintiff,

15 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 reached near final agreement on terms of settlement with the
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28 exception of one remaining issue that is the subject of continued negotiations and counsel has taken SIXTH JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION CASE MANAGEMENT SCHEDULE CASE NO : CV 08-2136 SI

1 steps to assure settlement once 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 finalize the settlement agreement. However, given the complicated nature of the one remaining 7 intellectual property issue and due to the continuing time-zone and communication, multi-lingual 8 and multi-cultural challenges faced by counsel for Defendants, the parties require a small amount of 9 additional time; 10 WHEREAS, counsel for the parties believe that an additional fifteen (15) day suspension of

11 applicable deadlines in this case will allow the parties and counsel to continue to devote their full 12 attention and resources to a final resolution of this matter; 13 WHEREAS, the agreed upon extension of the fact and expert discovery deadlines, and

14 dispositive motion deadlines is not for the purpose of delay, and the parties believe that this 15 reasonable extension of time may well obviate the need for trial in this matter, and is in the interests 16 of fairness and judicial economy. 17 ACCORDINGLY, the parties, by and through their undersigned counsel, HEREBY

18 STIPULATE as follows: 19 In order to avoid prejudicing the parties' discovery efforts and trial preparations, and to

20 allow the parties to focus on settlement negotiations, the parties agree and respectfully request that 21 the current pre-trial schedule be modified as follows: 22 1. The fact discovery cut-off, which is currently set for March 9, 2010, is extended to

23 March 24, 2010; 24 2. The deadline to designate experts, which is currently set for April 15, 2010, is

25 extended to April 30, 2010; 26 3. The deadline to designate rebuttal experts, which is currently set for May 11, 2010, is

27 extended to May 26, 2010; and 28 //
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SIXTH JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION CASE MANAGEMENT SCHEDULE CASE NO : CV 08-2136 SI

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4.

The expert discovery cut-off, which is currently set for May 27, 2010, is extended to

2 June 11, 2010. 3 5. The dates for dispositive motions are extended for fifteen (15) days, to the following

4 schedule: 5 6 7 8 · · · 6. Dispositive Motions Due: May 7, 2010 Oppositions Due: May 21, 2010 Replies Due: May 28, 2010 The hearing on dispositive motions, which is currently set for May 21, 2010, is reset

9 for June 11, 2010, or as soon thereafter as the Court's schedule permits. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 /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. Dated: February 9, 2010 PRETI FLAHERTY BELIVEAU & PACHIOS, LLP /s/ Jeffrey M. Ratinoff By: JEFFREY M. RATINOFF Attorneys for Plaintiff/Counter-Defendant, Continental D.I.A. Diamond Products, Inc. 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: February 9, 2010 K&L GATES LLP

24 Dated: Pretrial Conference: 6/29/10 @ 25 3:30 p.m. 26 Jury Trial: 7/12/10 @ 8:30 a.m. 27 28

THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE
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SIXTH JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION CASE MANAGEMENT SCHEDULE CASE NO : CV 08-2136 SI