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

Filing 46

ORDER extending time for defendants to file and serve amended counterclaims to 9/26/08 re 45 . Signed by Judge Illston on 9/19/08. (ts, COURT STAFF) (Filed on 9/22/2008)

Case 3:08-cv-02136-SI

Document 45

Filed 09/19/2008

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JEFFREY M. RATINOFF (SBN 197241) Email: [e-mail] KARINEH KHACHATOURIAN (SBN 202634) Email: [e-mail] MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO P.C. 5 Palo Alto Square - 6th Floor Palo Alto, CA 94306-2155 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff/Counterclaim Defendant, CONTINENTAL D.I.A. DIAMOND PRODUCTS, INC. ALFRED C. FRAWLEY (pro hac vice) (Maine Bar No. 2547) Email: [e-mail] WILLIAM D. HAGEDORN (pro hac vice) (SBN 199322) Email: [e-mail] PRETI, FLAHERTY, BELIVEAU & PACHIOS, LLP One City Center, P.O. Box 9546 Portland, Maine 04112-9546 Telephone: [phone] Facscimile: [phone] Attorneys for Defendants, DONG YOUNG DIAMOND INDUSTRIAL CO., LTD, AND DONGSOO LEE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CONTINENTAL D.I.A. DIAMOND PRODUCTS, INC., a California corporation, Plaintiff, vs. Case No. CV 3:08-CV-02136 SI STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS TO FILE AND SERVE AMENDED COUNTERCLAIMS

DONG YOUNG DIAMOND INDUSTRIAL Judge: Honorable Susan Illston CO., LTD., a South Korean company, April 24, 2008 DONGSOO LEE, an individual, and DOES 1- Complaint Filed: Trial Date: November 9, 2009 10, inclusive, Defendants. STIPULATION WHEREAS, on August 26, 2008, the Court granted in part Plaintiff CONTINENTAL D.I.A.

-1STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS TO FILE AND SERVE AMENDED COUNTERCLAIMS; CASE NO.: CV 08-2136 SI

Case 3:08-cv-02136-SI

Document 45

Filed 09/19/2008

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DIAMOND PRODUCTS, INC.'s ("Continental") Motion to Dismiss Defendants DONG YOUNG DIAMOND INDUSTRIAL CO., LTD.'s ("Dong Young"), and DONGSOO LEE's ("Lee") (collectively "Defendants") Counterclaims (Docket No. 42); WHEREAS, the Court granted Defendants leave to amend and set the deadline for them to file amended counterclaims on or before September 19, 2008; WHEREAS, due to the schedules of counsel, Continental agreed to grant Defendants a seven (7)-day extension to file their amended counterclaims; WHEREAS, this is the second extension sought in relation to the Counterclaims, this extension is not for the purpose of delay, and the parties believe that this extension of time will not affect any dates that have been set by the Court and is in the interests of justice. ACCORDINGLY, the parties, by and through their undersigned counsel, HEREBY STIPULATE that Defendants' Amended Counterclaims, which were originally due on September 19, 2008, may be filed and served up to and including September 26, 2008. Dated: September 19, 2008 MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO P.C. /s/ Karineh Khachatourian By: KARINEH KHACHATOURIAN Attorneys for Plaintiff/Counterclaim Defendant, Continental D.I.A. Diamond Products, Inc. Dated: September 19, 2008 PRETI FLAHERTY BELIVEAU & PACHIOS, LLP /s/ Alfred C. Frawley By: ALFRED C. FRAWLEY Attorneys for Defendant/Counterclaim Plaintiff, Dong Young Diamond Industrial Co., Ltd., and Dongsoo Lee PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: September ___, 2008 THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE
4432252v.1

-2STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS TO FILE AND SERVE AMENDED COUNTERCLAIMS; CASE NO. CV 08-2136 SI