Tria Beauty, Inc. v. Radiancy, Inc

Filing 125

STIPULATION AND ORDER RE 124 GRANTING REQUEST FOR MODIFICATION OF CASE MANAGEMENT SCHEDULING ORDER. Signed by Judge Richard Seeborg on 4/10/12. (cl, COURT STAFF) (Filed on 4/10/2012)

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1 1 2 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 3 4 4 SAN FRANCISCO DIVISION 5 5 TRIA BEAUTY, INC., Plaintiff, 6 6 vs. 7 7 8 8 RADIANCY, INC., Defendant. 9 9 10 10 RADIANCY, INC., Counterclaim Plaintiff, 11 11 CASE NO. CV-10-5030 (RS) (NJV) [PROPOSED] ORDER GRANTING STIPULATED REQUEST FOR MODIFICATION OF CASE MANAGEMENT SCHEDULING ORDER vs. 12 12 TRIA BEAUTY, INC., 13 13 Counterclaim Defendant, 14 14 and 15 15 KIMBERLY KARDASHIAN, Counterclaim Defendant. 16 16 17 Having considered the parties’ stipulation and good cause appearing therefor, the Case 17 18 18 Management Scheduling Order filed March 1, 2012 is modified as follows: 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 Current Deadline New Deadline Non-expert discovery cut-off 2/17/12 No Change Expert disclosures and reports on any liability issue as to which a party has the burden of proof 3/13/12 No Change Rebuttal expert disclosures and reports on any liability issue as to which a party has the burden of proof 4/3/12 See below† Expert disclosures and reports on any damages issue as to which a party has the burden of proof 3/28/12 3/30/12 [PROPOSED] ORDER GRANTING STIPULATED REQUEST FOR MODIFICATION OF CASE MANAGEMENT SCHEDULING ORDER No. 10-CV-5030 RS (NJV) 1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 Rebuttal expert disclosures and reports on any damages issue as to which a party has the burden of proof 4/18/12 4/20/12 Expert discovery cut-off 4/6/12 See below† Motions to compel expert discovery 4/10/12 See below† Case management conference 4/12/12 No Change Hearings on pretrial motions No later than 5/10/12 No Change 9 9 10 10 Joint pretrial statement 6/29/12 No Change Pretrial conference 7/12/12 No Change 11 11 12 12 Trial begins 7/23/12 No Change 13 †The schedule for rebuttal reports on liability issues is set as follows: Radiancy’s rebuttal expert 13 14 disclosures and reports to TRIA’s expert reports on liability issues will be due April 6, 2012, 14 15 except that Radiancy’s rebuttal expert disclosures and reports to the expert report of Itamar 15 16 Simonson will be due April 11, 2012, and, if Radiancy obtains a rebuttal report from Dr. James 16 17 Spencer to TRIA’s expert report of Dr. Brian Biesman, then Dr. Spencer’s rebuttal report to Dr. 17 18 Biesman’s report will be due April 20, 2012. TRIA’s rebuttal expert disclosures and reports to 18 19 Radiancy’s expert report on liability issues will be due April 9, 2012. The parties will revisit 19 20 modification of the expert discovery cut-off (including motions to compel expert discovery) after 20 21 all expert reports have been exchanged. The period for non-expert discovery shall be reopened 21 22 for the purposes previously agreed upon by the parties. (See Dkt # 104). 22 23 23 24 24 IT IS SO ORDERED. 25 25 4/9/12 Dated: ____________ 26 26 27 27 28 28 ________________________________ Hon. Richard Seeborg United States District Judge 2 [PROPOSED] ORDER GRANTING STIPULATED REQUEST FOR MODIFICATION OF CASE MANAGEMENT SCHEDULING ORDER No. 10-CV-5030 RS (NJV)

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