Krieger, Ltd. Srl v. Design Within Reach, Inc.

Filing 50

ORDER by Magistrate Judge Bernard Zimmerman finding as moot 47 Motion, and issuing the Court's Revised Order Scheduling Jury Trial and Pretrial Matters. (bzsec, COURT STAFF) (Filed on 8/28/2009)

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 28 v. DESIGN WITHIN REACH, INC., Defendant. KRIEGER, LTD. SRL, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C08-4706 BZ REVISED ORDER SCHEDULING JURY TRIAL AND PRETRIAL MATTERS

Having read Design Within Reach, Inc.'s motion for administrative relief regarding the case schedule in this action and Krieger's opposition, IT IS HEREBY ORDERED that the previous Order Scheduling Jury Trial And Pretrial Matters is modified as follows: Trial Date: Tuesday, February 16, 2010, 7 days Pretrial Conference: Tuesday, 01/26/2010, 4:00 p.m. Last Day to Hear Dispositive Motions: Wednesday, 12/16/2009 Last Day for Expert Discovery: Friday, 11/06/2009 Last Day for Rebuttal Expert Disclosure: Friday, 10/30/2009 Last Day for Expert Disclosure: Friday, 10/23/2009 Close of Non-expert Discovery: Friday, 10/16/2009 1

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The Court is troubled by a number of issues presented by the papers. First, planning to take a substantial amount of

discovery shortly before the discovery cutoff is a recipe for disaster. Second, if scheduling issues arise and the parties

cannot resolve them, the remedy is to request a telephone conference with the Court pursuant to paragraph 2 of the Pretrial Scheduling Order, not to seek a trial continuance or request a case management conference. IT IS THEREFORE ORDERED that counsel for the parties shall meet and confer by September 4, 2009 and develop a schedule for completing discovery within the new discovery cutoffs. Dated: August 28, 2009 Bernard Zimmerman United States Magistrate Judge
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