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

Filing 99

ORDER ADJUSTING DISCOVERY CUTOFF DEADLINES (ts, COURT STAFF) (Filed on 6/18/2009)

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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 94304 Telephone: [phone] Facsimile: [phone] 7 Attorneys for Plaintiff and Counter-Defendant, CONTINENTAL D.I.A. DIAMOND PRODUCTS, INC. 8 9 10 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. CV 08-2136 SI STIPULATION AND [PROPOSED] ORDER FOR THE FILING OF CONTINENTAL D.I.A. DIAMOND PRODUCTS, INC.'S FIRST AMENDED COMPLAINT AND TO MODIFY THE PRETRIAL SCHEDULE Judge: Honorable Susan Illston Complaint Filed: Trial Date: April 24, 2008 February 16, 2010

12 CONTINENTAL D.I.A. DIAMOND PRODUCTS, INC., a California corporation, 13 14 15 vs. Plaintiff,

16 DONG YOUNG DIAMOND INDUSTRIAL CO., LTD., a South Korean company, 17 DONGSOO LEE, an individual, and DOES 118 10, inclusive, 19 Defendants. 20 21 AND RELATED COUNTERCLAIMS. 22 23 24 25 26 27 28

STIPULATION AND [PROPOSED] ORDER FOR THE FILING OF CONTINENTAL'S FIRST AMENDED COMPLAINT AND TO MODIFY THE PRETRIAL SCHEDULE; CASE NO.: CV 08-2136 SI

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1 2

STIPULATION WHEREAS, Continental D.I.A. Diamond Products, Inc. ("Continental" or "Plaintiff")

3 asserts that through discovery in this action it has learned of new facts in support of existing claims 4 and new facts warranting the assertion of additional claims against Defendants Dong Young 5 Diamond Industrial Co., Ltd. and DongSoo Lee (collectively "Defendants") thereby necessitating 6 the amendment of its Complaint. 7 WHEREAS, the Court held a case management conference on May 26, 2009 and was

8 advised that Continental would be filing an amended complaint and that Continental and 9 Defendants (collectively the "parties") would likely agree to a modest extension of the current fact 10 and expert discovery deadlines in relation thereto. See Dkt. Nos. 95-96. 11 WHEREAS, Continental promptly provided Defendants with a draft First Amended

12 Complaint after the May 26, 2009 Case Management Conference. 13 WHEREAS, after reviewing Continental's proposed First Amended Complaint, Defendants

14 agreed to allow Continental leave to file its First Amended Complaint with the Court. 15 WHEREAS, the parties believe that they will require an additional forty-five (45) days to

16 complete fact and expert discovery due to the filing of amended pleadings; as well as to conduct 17 third party discovery and depositions in multiple jurisdictions throughout the United States, and 18 resolve several outstanding disputes over Defendants' efforts to respond to Continental's discovery. 19 WHEREAS, the parties believe that this is only the second significant modification of the

20 Court's Pretrial Scheduling Order sought by the parties. See Declaration of Jeffrey M. Ratinoff 21 filed concurrently herewith. Previously, the parties obtained a ninety-day continuation of all dates 22 in the Pretrial Scheduling Order to facilitate settlement discussions and to avoid prejudicing the 23 Parties' discovery efforts and trial preparations during such discussions. Id. 24 WHEREAS, the filing of Continental's First Amended Complaint and the parties' request to

25 extend the fact and expert discovery deadlines is not for the purpose of delay, and the parties 26 believe that this reasonable extension of time will not affect any of the other dates set by the Court's 27 most recent Pretrial Scheduling Order, including the February 16, 2010 trial date, and is in the 28 interests of fairness and in the interests of justice. See Declaration of Jeffrey M. Ratinoff filed -1STIPULATION AND [PROPOSED] ORDER FOR THE FILING OF CONTINENTAL'S FIRST AMENDED COMPLAINT AND TO MODIFY THE PRETRIAL SCHEDULE; CASE NO.: CV 08-2136 SI

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1 concurrently herewith. 2 ACCORDINGLY, the parties, by and through their undersigned counsel, HEREBY

3 STIPULATE as follows: 4 5 1. 2. Continental may file its First Amended Complaint. Upon the Court's approval of this stipulation, Continental will file its First Amended

6 Complaint within five (5) court days thereafter. 7 3. Per Fed. R. Civ. Pro. 15(a)(3) Defendants' response to Continental's First Amended

8 Complaint will be due ten (10) court days after the filing of Continental's First Amended 9 Complaint. 10 4. In order to avoid prejudicing the parties' discovery efforts and trial preparations, and

11 to allow the parties sufficient time to complete fact and expert discovery, the parties agree and 12 respectfully request that the current pre-trial scheduling order (See Dkt. Nos. 44-2, 78, 95-96) be 13 modified as follows: 14 15 16 17 18 19 20 21 22 Dated: June 16, 2009 23 24 25 26 27 / / / 28 / / / -2STIPULATION AND [PROPOSED] ORDER FOR THE FILING OF CONTINENTAL'S FIRST AMENDED COMPLAINT AND TO MODIFY THE PRETRIAL SCHEDULE; CASE NO.: CV 08-2136 SI

· · · ·

The fact discovery cut-off, which is currently set for August 14, 2009, is extended to September 28, 2009; The deadline to designate experts, which is currently set for August 28, 2009, is extended to October 12, 2009; The deadline to designate rebuttal experts, which is currently set for September 19, 2009, is extended to November 5, 2009; and The expert discovery cut-off, which is currently October 16, 2009 is extended to November 30, 2009.

IT IS SO STIPULATED BY THE PARTIES.

MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO P.C. /s/ Jeffrey M. Ratinoff By: JEFFREY M. RATINOFF Attorneys for Plaintiff and Counter-Defendant, Continental D.I.A. Diamond Products, Inc.

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1 2 Dated: June 16, 2009 3 4 5 6 7 8 9 PURSUANT TO STIPULATION, IT IS SO ORDERED. 10 11 12 Dated: ________________________ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION AND [PROPOSED] ORDER FOR THE FILING OF CONTINENTAL'S FIRST AMENDED COMPLAINT AND TO MODIFY THE PRETRIAL SCHEDULE; CASE NO.: CV 08-2136 SI
4637194v.1

PRETI FLAHERTY BELIVEAU & PACHIOS, LLP /s/ Alfred C. Frawley By: ALFRED C. FRAWLEY Attorneys for Defendants and Counterclaimants, Dong Young Diamond Industrial Co., Ltd., and Dongsoo Lee

THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE