Visa U.S.A. Inc. v. Audience Identification Inc.

Filing 70

ORDER granting extension of expert designations (tf, COURT STAFF) (Filed on 4/20/2010)

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JOHN S. BLACKMAN (SB#114654) DONALD F. FARBSTEIN (SB#23113) FARBSTEIN & BLACKMAN A Professional Corporation 411 Borel Avenue, Suite 425 San Mateo, California 94402-3518 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Third-Party Plaintiff AUDIENCE IDENTIFICATION, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

) ) ) Plaintiff, ) ) vs. ) ) AUDIENCE IDENTIFICATION INC., ) ) Defendant, Third-party plaintiff ) ____________________________________ ) ) ) AUDIENCE IDENTIFICATION INC., ) ) Third-Party Plaintiff ) ) vs. ) ) U. S. BANK, NATIONAL ) ASSOCIATION, ) ) Third-party defendant. VISA U.S.A. INC.,

CASE NO. CV 09 1176 SI

STIPULATION AND [PROPOSED] ORDER RE EXTENSION OF TIME RE: EXCHANGE OF EXPERT WITNESS DESIGNATIONS

Complaint Filed: March 17, 2009 Trial Date: September 13, 2010

STIPULATION

WHEREAS, A. The above-captioned matter is currently set for trial on September 13, 2010; 1 ___________________________________
S T IP U L A T IO N AND [PROPOSED] ORDER RE E X T E N S IO N OF TIME RE: EXCHANGE OF E X P E R T WITNESS DESIGNATIONS

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B. The current date for the exchange of expert witness disclosures is April 30, 2010, as set forth in Judge Illston's pre-trial order of February 8, 2010 [Doc 54]; C. The current date for the disclosure of rebuttal expert witnesses is May 17, 2010, as set forth in Judge Illston's pre-trial order of February 8, 2010 [Doc 54]; D. The parties herein are still engaged in depositions of parties and percipient witnesses, and discovery regarding the electronically stored evidence which is the subject of this case, and the parties wish to complete this discovery before they have to retain and disclose their experts; THEREFORE, all named parties herein, by and through their respective attorneys of records, hereby stipulate and request the Court to order as follows: 1. That the deadline for the exchange of expert witness designations shall be extended to and including May 17, 2010. 2. That the deadline for exchange of rebuttal expert witness designations shall be extended to June 1, 2010. 3. All other dates and deadlines set by the court and/or as triggered by the filing of this complaint pursuant to Federal Rules of Civil Procedure and Local Rules shall not be affected by this extension of time to designate expert witnesses.

Dated: April 19, 2010

FARBSTEIN & BLACKMAN A Professional Corporation //s//

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JOHN S. BLACKMAN1 Attorneys for Defendant and Third-Party Plaintiff

As the e-filer, I attest that each of the signatories hereto has concurred in the filing of this document. ___________________________________
S T IP U L A T IO N AND [PROPOSED] ORDER RE E X T E N S IO N OF TIME RE: EXCHANGE OF E X P E R T WITNESS DESIGNATIONS

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Dated: April 19, 2010

FARELLA BRAUN & MARTEL, LLP //s//

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S T IP U L A T IO N AND [PROPOSED] ORDER RE E X T E N S IO N OF TIME RE: EXCHANGE OF E X P E R T WITNESS DESIGNATIONS

EUGENE Y. MAR Attorneys for Plaintiff REED SMITH, LLP //s// ________________________________ DAVID REIDY Attorneys for Third-Party Defendant

O RD E R

THE FOREGOING STIPULATION IS APPROVED AND IS SO ORDERED.

DATED:_____________

___________________________________________ HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE

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PROOF OF SERVICE VISA U.S.A., INC. V. AUDIENCE IDENTIFICATION, INC. United States District Court, Northern District of California Case no. CV 09 1176 SI I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. I am employed in the office of a member of the bar of this court at whose direction the service was made. My business address is 411 Borel Avenue, Suite 425, San Mateo, California 94402-3518. My electronic notification address is [e-mail]. On April 19, 2010, I served the following document(s): STIPULATION AND [PROPOSED] ORDER RE EXTENSION OF TIME RE: EXCHANGE AND REBUTTAL OF EXPERT WITNESS DESIGNATIONS on the following person(s) by the method(s) indicated below:

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S T IP U L A T IO N AND [PROPOSED] ORDER RE E X T E N S IO N OF TIME RE: EXCHANGE OF E X P E R T WITNESS DESIGNATIONS

Robert Holtzapple, Esq. Eugene Mar, Esq. Farella Braun + Martel LLP Russ Building 235 Montgomery Street, 17th floor San Francisco, California 94104 Donald Rubenstein, Esq. David Reidy, Esq. Reed Smith LLP 101 Second Street, Suite 1800 San Francisco, CA 94105-3659 [] by transmitting via facsimile on this date from fax number [phone] the document(s) listed above to the fax number(s) set forth herein. The transmission was completed before 5:00 p.m. and was reported complete and without error. The transmission report is attached to this proof of service. Service by fax was made by agreement of the parties confirmed in writing. by placing the document(s) listed above in a sealed envelope(s) with postage thereon fully prepaid, for deposit in the United States mail at San Mateo, California addressed as set forth herein. I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day, with postage thereon fully prepaid in the ordinary course of business. by transmitting the document(s) listed above via the Court's ECF system to the persons at the email address(es) set forth herein. The transmission was completed before 5:00 p.m. and was reported complete and without error.

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I declare under penalty of perjury under the laws of the United States and the State of California that the above is true and correct. Executed at San Mateo, California, on April 19, 2010. //s// _____________________________________ SUZANNE T. FARBSTEIN