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

Filing 58

ORDER granting extension to file reply re 55 (ts, COURT STAFF) (Filed on 11/13/2008)

Case 3:08-cv-02136-SI

Document 55

Filed 11/11/2008

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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 FILE A REPLY TO DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION TO DISMISS

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 FILE A REPLY TO DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION TO DISMISS; CASE NO.: CV 08-2136 SI

Case 3:08-cv-02136-SI

Document 55

Filed 11/11/2008

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STIPULATION WHEREAS, on October 17, 2008, Plaintiff CONTINENTAL D.I.A. DIAMOND PRODUCTS, INC. ("Continental") filed a Motion to Dismiss the First Amended Counterclaims filed by DONG YOUNG DIAMOND INDUSTRIAL CO., LTD. and DONGSOO LEE (collectively "Defendants") and noticed the Motion to Dismiss for oral argument on November 21, 2008 (Docket No. 50); WHEREAS, on October 20, 2008, the Court on its own volition issued a notice continuing the hearing on Continental's Motion to Dismiss from November 21, 2008 to December 12, 2008 (Docket No. 53); WHEREAS, pursuant to Civil L.R. 7-3(a), Defendants may now file an Opposition to Continental's Motion to Dismiss on or before Friday, November 21, 2008; WHEREAS, pursuant to Civil L.R. 7-3(c) and due to the Thanksgiving Holiday, Continental must now file its Reply to the Opposition ("Reply") on or before Wednesday November 26, 2008; WHEREAS, pursuant to Civil L.R. 7-3(c) and due to the Thanksgiving Holiday, Continental now only has three court days to prepare and file a reply brief whereas it would normally have five court days to prepare a reply. WHEREAS, Defendants have agreed to grant Continental a two (2) court day extension to file its Reply; WHEREAS, this is the first extension sought by a party in relation to Continental's Motion to Dismiss, this extension is not for the purpose of delay, and the parties believe that this short extension of time will not affect any dates or other deadlines that have been set by the Court, including the December 12, 2008 hearing date, and is in the interests of fairness. /// /// /// /// /// /// -1STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR CONTINENTAL D.I.A. DIAMOND PRODUCTS, INC. TO FILE A REPLY TO DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION TO DISMISS; CASE NO.: CV 08-2136 SI

Case 3:08-cv-02136-SI

Document 55

Filed 11/11/2008

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ACCORDINGLY, the parties, by and through their undersigned counsel, HEREBY STIPULATE that Continental's Reply to Defendants' Opposition, which was originally due on November 26, 2008, may be electronically filed and served up to and including December 2, 2008. Dated: November 11, 2008 MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO P.C. /s/ Jeffrey M. Ratinoff

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4469761v.1

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

Dated: November 11, 2008

PRETI FLAHERTY BELIVEAU & PACHIOS, LLP /s/ William D. Hagedorn By: ALFRED C. FRAWLEY WILLIAM D. HAGEDORN Attorneys for Defendant/Counterclaim Plaintiff, Dong Young Diamond Industrial Co., Ltd., and Dongsoo Lee

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: ______________________ THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE

-2STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR CONTINENTAL D.I.A. DIAMOND PRODUCTS, INC. TO FILE A REPLY TO DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION TO DISMISS; CASE NO.: CV 08-2136 SI