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

Filing 83

ORDER. Signed by Judge Illston on 2/26/09. (ts, COURT STAFF) (Filed on 2/27/2009)

Case 3:08-cv-02136-SI

Document 81

Filed 02/25/2009

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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/Counter-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] Facsimile: [phone] Attorneys for Defendants/Counterclaimant, 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 81

Filed 02/25/2009

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STIPULATION WHEREAS, on January 15, 2009 the Court entered an order staying the case and moving the case management deadlines out approximately three months (See Dkt. Nos. 76-79); WHEREAS, on February 10, 2009 the Court granted, in part, Plaintiff Continental D.I.A. Diamond Products, Inc.'s ("Continental") Motion to Dismiss Defendants' Amended Counterclaims (See Dkt. No. 80); WHEREAS, in light of the Court issuing its order during the stay, Continental and Defendants (collectively the "Parties") are uncertain whether the stay effects the time for Continental to respond to Defendants' Amended Answer and Counterclaims. Presuming the stay is inapplicable, Continental's response to the Amended Counterclaims is due on February 25, 2009; WHEREAS, in the exercise of caution and to prevent further delay should the parties be unable to resolve matters through settlement discussions, Continental intends to file its response to Defendants' Amended Answer and Counterclaims. However, due to the travel schedule of Continental's President, Continental will be unable to file such a response within 10-court days as required by the Federal Rules of Civil Procedure; WHEREAS, Defendants have agreed to provide Continental with a 10-court day extension to file its response to Defendants' Amended Answer and Counterclaims; WHEREAS, this is the fifth 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 effect any dates and other deadlines that have been set by the Court due to the current stay imposed by the Court and is in the interests of justice. (see Declaration of Jeffrey M. Ratinoff filed herewith); /// /// /// /// /// /// -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 81

Filed 02/25/2009

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Dated:

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 February 25, 2009, may be filed and served up to and including March 11, 2009. IT IS SO STIPULATED BY THE PARTIES. Dated: February 25, 2009 MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO P.C. /s/ Jeffrey M. Ratinoff By: JEFFREY M. RATINOFF Attorneys for Plaintiff/Counter-Defendant, Continental D.I.A. Diamond Products, Inc.

Dated: February 25, 2009

PRETI FLAHERTY BELIVEAU & PACHIOS, LLP /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.

THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE

4549436v.1

28 -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