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

Filing 78

ORDER continuing trial schedule. Signed by Judge Illston on 1/15/09. (ts, COURT STAFF) (Filed on 1/15/2009)

Case 3:08-cv-02136-SI

Document 76

Filed 01/14/2009

Page 1 of 4

1 JEFFREY M. RATINOFF (SBN 197241) Email: [e-mail] 2 KARINEH KHACHATOURIAN (SBN 202634) Email: [e-mail] 3 MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO P.C. 4 5 Palo Alto Square - 6th Floor 3000 El Camino Real 5 Palo Alto, California 94306-2155 Telephone: [phone] Facsimile: [phone] 7 Attorneys for Plaintiff/Counterclaim Defendant, CONTINENTAL D.I.A. DIAMOND PRODUCTS, INC. 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. CV 08-2136 SI 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 November 9, 2009

11 CONTINENTAL D.I.A. DIAMOND PRODUCTS, INC., a California corporation, 12 13 14 vs. Plaintiff,

15 DONG YOUNG DIAMOND INDUSTRIAL CO., LTD., a South Korean company, 16 DONGSOO LEE, an individual, and DOES 117 10, inclusive, 18 Defendants. 19 20 AND RELATED COUNTERCLAIMS 21 22

STIPULATION Plaintiff Continental D.I.A. Diamond Products, Inc. ("Continental") and Defendants Dong

23 Young Diamond Industrial Co., Ltd. and DongSoo Lee (collectively "Defendants"), through their 24 respective counsel of record, submit this Joint Stipulation and [Proposed] Order for Modification of 25 Case Management Schedule and Trial Date as follows: 26 1. On September 3, 2008, the Court entered a pre-trial scheduling order setting various

27 deadlines, including a fact discovery cut-off set for May 15, 2009, and a trial date for November 9, 28 2009. (Docket No. 44). The Court also set a case management conference for January 9, 2009. -1JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION OF CASE MANAGEMENT SCHEDULE AND TRIAL DATE CASE NO.: CV 08-2136 SI

Case 3:08-cv-02136-SI

Document 76

Filed 01/14/2009

Page 2 of 4

1

2.

On December 30, 2008, the Clerk of the Court issued a notice continuing the case

2 management conference to February 20, 2009. See Docket No. 75. 3 3. Continental and the Defendants (collectively the "Parties') previously agreed to

4 participate in non-binding private mediation through JAMS. See Docket No. 25. Per the Court's 5 August 5, 2008 ADR Order, the Parties were to complete mediation within 120 days from the date 6 of that order. See Docket No. 28. Due to several discovery disputes between the Parties, the Court 7 extended the ADR deadline until January 16, 2009. See Docket No. 62. 8 4. On January 8, 2009, the Parties participated in a full-day mediation before the

9 Honorable Charles A. Legge (Ret.) at JAMS. The Parties were unable to resolve their dispute. At 10 the conclusion of the mediation, however, the Parties agreed to undertake a process that they believe 11 will enable them to articulate and test certain factual assertions that are critical to their respective 12 cases, and will enable them to conduct a serious evaluation of the size and quantification of the 13 respective claims, while conserving the resources of the Parties and the Court. 14 5. The Parties further agreed that this evaluation process would be pursued in the

15 context of settlement and mediation discussions, that Judge Legge would continue to oversee this 16 process, and that the Parties' respective efforts would be most fruitful and cost-effective if the 17 balance of the case is stayed for ninety (90) days. Judge Legge agreed with this approach and 18 authorized the Parties' counsel to so represent this to the Court. 19 6. Due to the impact of the stay on the current pre-trial schedule, and to facilitate this

20 evaluation process without prejudicing the Parties' discovery efforts and trial preparations should 21 no settlement be reached, the Parties agree and respectfully request that the current pre-trial 22 scheduling order and November 9, 2009 trial date be vacated. 23 7. The Parties further agree and respectfully request that the Court continue the

24 February 20, 2009 case management conference to April 17, 2009 where the Parties will report to 25 the Court on whether they were able to informally resolve their dispute and advise the Court on 26 whether there is a need to set a new pre-trial schedule and trial date. 27 28 8. 9. This is the first request by the Parties to modify the pretrial schedule and trial date. This is the second request by the Parties to move a case management conference. -2-

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

Case 3:08-cv-02136-SI

Document 76

Filed 01/14/2009

Page 3 of 4

1 See Docket. No. 27. 2 10. The Parties have also requested the following extensions of time in connection with

3 the pleadings filed in this case: 4 5 6 7 8 9 10 11 12 11. 13 conference, pre-trial scheduling order and current trial date is not for the purpose of delay. Instead, 14 the Parties believe the granting of their request will facilitate the informal resolution of their 15 dispute, conserve the resources of the Parties and the Court and is in the interests of justice. 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: January 14, 2009 Attorneys for Plaintiff/Counterclaim Defendant, Continental D.I.A. Diamond Products, Inc. Respectfully submitted, 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 -3JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION OF CASE MANAGEMENT SCHEDULE AND TRIAL DATE CASE NO.: CV 08-2136 SI

·

The Court granted Defendants' request for relief from default and extension to file their response to Continental's Complaint to June 26, 2008 See Docket Nos. 14 and 15. The Court granted Continental's request for an extension to file its response to Defendants' Counterclaims from July 16, 2008 to July 23, 2008. See Docket Nos. 20 and 21. The Court granted Defendants' request for an extension to file their First Amended Answer and Counterclaims from September 19, 2008 to September 26, 2008 See Docket Nos. 45 and 46. The Court granted Continental's request for an extension to file its response to Defendants' First Amended Answer and Counterclaims from October 10, 2008 to October 17, 2008. See Docket Nos. 48 and 49. The Parties' request to stay the action and to vacate the current case management

·

·

·

IT IS SO STIPULATED BY THE PARTIES. Dated: January 14, 2009 Respectfully submitted, MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO P.C. /s/ Jeffrey M. Ratinoff By: JEFFREY M. RATINOFF

Case 3:08-cv-02136-SI

Document 76

Filed 01/14/2009

Page 4 of 4

1 2 3 1. 2.

ORDER This action is HEREBY STAYED until April 16, 2009. The February 20, 2009 case management conference is HEREBY CONTINUED to

4 April 17, 2009. are continued 90 days. All dates on 3. The current pre-trial schedule (Docket No. 44) is HEREBY VACATED. 5 6 7 8 9 10 11 12 13
4513024v.3

4.

The November 9, 2009 trial date is HEREBY VACATED. continued to 2/15/10

PURSUANT TO STIPLUATION, IT IS SO ORDERED. Dated:

The pretrial conference is continued to 2/2/10.

THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION OF CASE MANAGEMENT SCHEDULE AND TRIAL DATE CASE NO.: CV 08-2136 SI