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

Filing 49

ORDER granting extension to file response to amended counterclaims. Signed by Judge Illston on 10/8/08. (ts, COURT STAFF) (Filed on 10/8/2008)

Case 3:08-cv-02136-SI

Document 48

Filed 10/07/2008

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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 CONTINENTAL D.I.A. DIAMOND PRODUCTS, INC. TO RESPOND TO DEFENDANTS' AMENDED COUNTERCLAIMS

DONG YOUNG DIAMOND INDUSTRIAL Judge: Honorable Susan Illston CO., LTD., a South Korean company, DONGSOO LEE, an individual, and DOES 1Complaint Filed: April 24, 2008 10, inclusive, Trial Date: November 9, 2009 Defendants. AND RELATED COUNTERCLAIMS.

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR CONTINENTAL D.I.A. DIAMOND PRODUCTS, INC. TO RESPOND TO DEFENDANTS' AMENDED COUNTERCLAIMS; CASE NO.: CV 08-2136 SI

Case 3:08-cv-02136-SI

Document 48

Filed 10/07/2008

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STIPULATION WHEREAS, on August 26, 2008, the Court granted, in part, Plaintiff CONTINENTAL D.I.A. 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 Defendants to file their 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 (Docket Nos. 45 and 46); WHEREAS, on September 26, 2008, Defendants filed their amended counterclaims (Docket No. 47). WHEREAS, due to the schedules of counsel, Defendants agree to grant Continental a seven (7)-day extension to file its response to the amended counterclaims; WHEREAS, this is the third extension sought in relation to the counterclaim and amended counterclaims, this extension is not for the purpose of delay, and the parties believe that this short extension of time will not affect any dates and other deadlines that have been set by the Court and is in the interests of justice. /// /// /// /// /// /// /// /// /// /// /// -1STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR CONTINENTAL D.I.A. DIAMOND PRODUCTS, INC. TO RESPOND TO DEFENDANTS' AMENDED COUNTERCLAIMS; CASE NO.: CV 08-2136 SI

Case 3:08-cv-02136-SI

Document 48

Filed 10/07/2008

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ACCORDINGLY, the parties, by and through their undersigned counsel, HEREBY STIPULATE that the deadline for Continental to file its response to Defendants' Amended Counterclaims, which was originally due on October 10, 2008, may be filed and served up to and including October 17, 2008. Dated: October 7, 2008 MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO P.C. /s/ Jeffrey M. Ratinoff

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By: JEFFREY M. RATINOFF Attorneys for Plaintiff/Counterclaim Defendant, Continental D.I.A. Diamond Products, Inc.

Dated: October 7, 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: October ____, 2008 THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE

-2STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR CONTINENTAL D.I.A. DIAMOND PRODUCTS, INC. TO RESPOND TO DEFENDANTS' AMENDED COUNTERCLAIMS; CASE NO.: CV 08-2136 SI