Tria Beauty, Inc. v. Radiancy, Inc

Filing 108

ORDER RE 104 GRANTING STIPULATED REQUEST FOR EXPEDITED BRIEFING SCHEDULE AND PROPOSED MODIFICATION TO CASE MANAGEMENT ORDER. Signed by Judge Richard Seeborg on 3/5/12. (cl, COURT STAFF) (Filed on 3/5/2012)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 8 9 10 TRIA BEAUTY, INC., 11 12 Plaintiff, vs. 13 14 RADIANCY, INC., Defendant. 15 16 17 RADIANCY, INC., 18 Counterclaim Plaintiff, 19 vs. 20 21 22 TRIA BEAUTY, INC., Counterclaim Defendant, and 23 KIMBERLY KARDASHIAN, 24 25 Counterclaim Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 10-5030 RS [PROPOSED] ORDER GRANTING STIPULATED REQUEST FOR EXPEDITED BRIEFING SCHEDULE AND PROPOSED MODIFICATION TO CASE MANAGEMENT ORDER 26 27 28 [PROPOSED] ORDER GRANTING STIPULATED REQUEST FOR PROPOSED MODIFICATION TO CASE MANAGEMENT ORDER Case No. 10-5030 RS 1 Having considered the parties’ Stipulated Request for Expedited Briefing Schedule and 2 Proposed Modification to Case Management Order, and good cause appearing therefor, the 3 Court orders as follows: 4 1. Expedited Briefing Schedule. Pursuant to Civil L.R. 6-2, and as stipulated by the 5 parties, Plaintiff / Counter-Defendant TRIA Beauty, Inc., and Counter-Defendant Kimberly 6 Kardashian shall have seven (7) calendar days from the date hereof in which to file their 7 opposition to the Motion for Relief of Case Management Scheduling Order filed by 8 Defendant/Counterclaim-Plaintiff Radiancy, Inc. on March 1, 2012 (“Motion for Relief”). 9 Radiancy shall have three (3) calendar days to file its reply, if any, to Counter-defendants’ 10 opposition. The parties shall make themselves available for argument or conference at the 11 Court’s option, upon notice. 12 2. Case Management Scheduling Order. As stipulated by the parties, the current Case 13 Management Scheduling Order (D.I. 98), entered January 24, 2012, is hereby modified as 14 follows: 15 a) Pending disposition of the Motion for Relief, the period for non-expert 16 discovery shall be reopened for the sole purpose of completing certain depositions and 17 the provision of certain additional information regarding damages, as agreed-upon by the 18 parties. 19 b) Pending disposition of the Motion for Relief, the parties shall not be required 20 to exchange expert disclosures or reports. If the Motion for Relief is granted, the parties 21 shall comply with expert disclosure deadlines as reset by this Court. If the Motion for 22 Relief is denied, the schedule for expert disclosures and reports shall be as follows: 23 (i) Expert disclosures and reports on any liability issue as to which a 24 party has the burden of proof (“Opening Reports”) shall be served via electronic 25 mail within one (1) business day of the issuance of this Court’s denial of the 26 Motion for Relief. 27 28 [PROPOSED] ORDER GRANTING STIPULATED REQUEST FOR PROPOSED MODIFICATION TO CASE MANAGEMENT ORDER Case No. 10-5030 RS 2 1 (ii) Rebuttal expert disclosures and reports on any liability issue shall be 2 served via electronic mail within twenty-one (21) calendar days (i.e., three 3 weeks) from service of Opening Reports. 4 (iii) Expert disclosures and reports on any damages issue as to which a 5 party has the burden of proof (“Opening Damages Reports”) shall be served via 6 electronic mail within fourteen (14) days of the completion of any additional 7 relevant discovery as specified in Paragraph 2(a) above. 8 9 10 11 12 (iv) Rebuttal expert disclosures and reports on any damages issue shall be served via electronic mail within twenty-one (21) calendar days (i.e., three weeks) from service of Opening Damages Reports. The above modifications do not affect any other remaining deadlines set forth in the current Case Management Order. 13 14 15 PURSUANT TO STIPULATION, IT IS SO ORDERED. 16 17 18 3/5/12 Date: _______________ RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER GRANTING STIPULATED REQUEST FOR PROPOSED MODIFICATION TO CASE MANAGEMENT ORDER Case No. 10-5030 RS 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?