SPECS USA Corp. v. SPECS Surface Nano Analysis GmbH et al

Filing 80

ORDER MODIFYING SCHEDULING ORDER; VACATING PRETRIAL CONFERENCE. Discovery due by 9/14/2012. Motions due by 11/12/2012. Signed by Chief Judge James Ware on June 20, 2012. (wsn, COURT STAFF) (Filed on 6/20/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 10-04250 JW

In re SPECS

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For the Northern District of California

United States District Court

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ORDER MODIFYING SCHEDULING
ORDER; VACATING PRETRIAL
CONFERENCE

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This case is scheduled for a Preliminary Pretrial Conference on June 25, 2012. Pursuant to
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the Federal Rules of Civil Procedure and the Civil Local Rules, the parties filed a Joint Preliminary
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Pretrial Conference Statement. (Docket Item No. 79.) In their Statement, the parties make three
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“stipulated requests” to modify the current schedule in the case. (See id. at 10-11.)
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Upon review, the Court finds good cause to grant two of those requests–namely, the parties’
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requests to extend: (1) the deadlines for all pending discovery and (2) the last day to hear dispositive
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motions. (See id.) However, the Court does not find good cause to grant the parties’ request to
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postpone the Settlement Conference that is currently set for September 26, 2012 before Magistrate
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Judge Spero. (Id.) Insofar as the parties wish to continue the September 26 Settlement Conference
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to a later date, they must make the appropriate motion before Judge Spero.
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Accordingly, the Court ORDERS as follows:
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(1)

The last date for all pending discovery in this case is September 14, 2012.

(2)

The last date for hearing dispositive motions shall be November 12, 2012.

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In light of this Order, the Court finds that a Pretrial Conference would be premature at this

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time. Accordingly, the Court VACATES the June 25 Pretrial Conference. Further, in light of the

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Court’s pending retirement,1 the Court finds that setting any further dates–e.g., trial dates–would

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also be premature at this time. Upon the Court’s retirement, this case will be reassigned in due

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course, and further dates shall be set by the Judge to whom the case is assigned.

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Dated: June 20, 2012
JAMES WARE
United States District Chief Judge

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For the Northern District of California

United States District Court

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On April 28, 2012, Chief Judge Ware announced that he plans to “retire in August 2012 as
the terms of his current law clerks come to an end.” See Chief Judge Ware Announces Transition,
available at http://www.cand.uscourts.gov/news/82.

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Brendan F. Macaulay [e-mail]
Garth Aaron Rosengren [e-mail]
James Harold Vorhis [e-mail]
Kenneth E. Keller [e-mail]
Michael David Lisi [e-mail]

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Dated: June 20, 2012

Richard W. Wieking, Clerk

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For the Northern District of California

United States District Court

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By:

/s/ JW Chambers
William Noble
Courtroom Deputy