Quirk v. Sony Pictures Entertainment Inc. et al

Filing 116

STIPULATION AND ORDER GRANTING SHORT CONTINUANCE OF THE DISCOVERY CUTOFF. Signed by Judge Richard Seeborg on 3/22/13. (cl, COURT STAFF) (Filed on 3/22/2013)

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JEFFREY T. MAKOFF (SBN 120004)
RACHEL S. BRAVO (SBN 267287)
MARIO R. NICHOLAS (SBN 273122)
VALLE MAKOFF LLP
2 Embarcadero Center, Suite 2370
San Francisco, California 94111
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
Joe Quirk

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JOE QUIRK,
Plaintiff,

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vs.

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SONY PICTURES ENTERTAINMENT
INC., et al.,

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Defendants.

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Case No. C 11-03773 RS
STIPULATED REQUEST FOR A
SHORT CONTINUANCE OF THE
EXPERT DISCOVERY CUTOFF [L.R.
6-2] ORDER
Current Expert Cutoff:
Proposed Expert Cutoff:

March 25, 2013
April 30, 2013

Trial Date:

May 7, 2013

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STIPULATED REQUEST FOR A SHORT CONTINUANCE
OF THE EXPERT DISCOVERY CUTOFF
[L.R. 6-2]; CASE NO. C 11-03773 RS

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Pursuant to Northern District of California Local Rule 6-2, plaintiff Joe Quirk

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(“Plaintiff”) and defendants Sony Pictures Entertainment Inc. (“Sony”), Columbia

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Pictures Industries, Inc. (“Columbia”), Pariah, David Koepp and DGK, Inc.

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(collectively, “defendants”), by and through their undersigned attorneys, hereby file the

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following stipulated request for an order for a short continuance of the expert discovery

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cutoff:

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STIPULATION
A.

WHEREAS there are two dispositive motions filed by defendants that

have been briefed and heard and are currently under submission before this Court: (1) a
motion for summary judgment on plaintiff’s copyright claims filed on September 27,
2012 (ECF No. 69, “Copyright MSJ”), and (2) a motion for summary judgment on
plaintiff’s implied contract claim filed on December 14, 2012 (ECF No. 93, “Implied
Contract MSJ”) (together, “dispositive motions”);
B.

WHEREAS, on January 23, 2013, the parties requested a short

continuance of the trial date and related dates to facilitate the disposition of these
dispositive motions, which may potentially dispose of all claims in this matter prior to
expert discovery and final preparation for trial (ECF No. 108, “Stipulated Request for a
Short Continuance of the Trial Date and Related Dates”);
C.

WHEREAS, on January 23, 2013, the Court issued an order continuing

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the trial date in this matter to May 7, 2013 to allow the parties and the Court to resolve

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dispositive motions filed by defendants (ECF No. 109, “Order Continuing Trial Date”).

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As part of its Order, the Court also continued expert discovery to March 25, 2013;

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D.

WHEREAS the parties have met and conferred and stipulated to a short

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continuance of the expert discovery cutoff to April 30, 2013, which would provide

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additional time to resolve the pending dispositive motions before the parties and the

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Court need to expend time and resources relating to expert discovery and final

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STIPULATED REQUEST FOR A SHORT CONTINUANCE
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OF THE EXPERT DISCOVERY CUTOFF
[L.R. 6-2]; CASE NO. C 11-03773 RS

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preparation for trial. To facilitate this short continuance, the parties agree to reserve the

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right to supplement pre-trial disclosures with expert discovery as needed; and

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E.

WHEREAS the parties would not be prejudiced by a short continuance

of the expert discovery cutoff to April 30, 2013.
THEREFORE, the parties stipulate to the aforementioned short continuance of
the expert discovery cutoff from March 25, 2013 to April 30, 2013.

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IT IS SO STIPULATED.
Dated: March 21, 2013

CALDWELL LESLIE & PROCTOR, PC

Dated: March 21, 2013

By: /s/ Albert Giang
Albert Giang
Attorneys for Defendants
VALLE MAKOFF LLP

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By: /s/ Rachel S. Bravo
Rachel S. Bravo
Attorneys for Plaintiff

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
3/22
Dated: __________________, 2013

HONORABLE RICHARD SEEBORG
District Court Judge

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STIPULATED REQUEST FOR A SHORT CONTINUANCE
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OF THE EXPERT DISCOVERY CUTOFF
[L.R. 6-2]; CASE NO. C 11-03773 RS