Macy's Inc. et al v. Strategic Marks, LLC

Filing 47

STIPULATION AND ORDER Discovery due by 2/22/2013. Final Pretrial Conference set for 4/12/2013 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Jury Selection set for 4/22/2013 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samue l Conti. Jury Trial set for 4/22/2013 09:30 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Motion Hearing set for 3/22/2013 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti.. Signed by Judge Samuel Conti on 8/24/12. (tdm, COURT STAFF) (Filed on 8/24/2012)

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BENJAMIN ASHUROV (SBN# 271716)
[e-mail]
KB ASH Law Group
5674 Sonoma Drive, Suite A
Pleasanton, CA 94566
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
STRATEGIC MARKS, LLC

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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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CASE NO. 3:11-cv-06198-SC

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Plaintiffs,
v.

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STRATEGIC MARKS, LLC,

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Defendant.
THE HONORABLE SAMUEL CONTI

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JOINT STIPULATION AND REQUEST
TO CONTINUE TRIAL DATE AND
[PROPOSED] ORDER ON JOINT
STIPULATION TO CONTINUE TRIAL
DATE

STRATEGIC MARKS, LLC,

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Counter-Claimant,
v.

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Counter-Defendants.

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This stipulation and request is made and entered into by and among plaintiffs Macy's, Inc. and

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Macy's.com, Inc. (collectively, "Macy's") and defendant Strategic Marks, LLC ("Strategic").
WHEREAS, this matter is presently set for trial on November 26, 2012 at 9:30 A.M. before this

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Court;
WHEREAS, lead counsel for defendant and counter-claimant, Benjamin Ashurov, was retained
-1JOINT STIPULATION AND REQUEST TO CONTINUE TRIAL DATE AND [PROPOSED] ORDER
ON JOINT STIPULATION TO CONTINUE TRIAL DATE

Case No. 3:11-cv-06198-SC

KB ASH LAW GROUP
5674 Sonoma Drive, Suite A
Pleasanton, CA 94566

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to represent Strategic on July 3, 2012, and previously has had no involvement with Strategic or this

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matter;

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er abruptly withdrew its representation of

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Strategic in late June, 2012 and, despite numerous requests, failed to turn over any files to Strategic or

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Mr. Ashurov;

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depose any witnesses in connection with this matter, despite the fact that discovery in this action is set
to close on September 26, 2012;

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Initial Disclosures or preparing timely objections and responses to discovery propounded on Strategic
by Macy's) necessary for the adequate representation of Strategic in this action;

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n extension of time to (1)
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previously propounded discovery requests that shall be deemed by the parties to have been timely
served;
WHEREAS, Mr. Ashurov (1) propounded a significant number of discovery requests on

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g

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the September 26, 2012 close of discovery deadline to propound and obtain responses to a the second

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round of discovery requests;

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WHERREAS, Mr. Ashurov requires a reasonable amount of time to obtain responses to written

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discovery requests, review and evaluate the information and documents obtained, to take depositions,

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and complete his preparations for trial in order to adequately defend Strategic and p

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counter-claims in this action;

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WHEREAS, as a result of the foregoing, Mr. Ashurov cannot adequately prepare this case for
trial under the current schedule, and Strategic will be severely prejudiced unless the trial date is
-2JOINT STIPULATION AND REQUEST TO CONTINUE TRIAL DATE AND [PROPOSED] ORDER
ON JOINT STIPULATION TO CONTINUE TRIAL DATE

Case No. 3:11-cv-06198-SC

KB ASH LAW GROUP
5674 Sonoma Drive, Suite A
Pleasanton, CA 94566

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continued;

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WHEREAS, Mr. Ashurov has advised counsel for Macy's of the foregoing, and Macy's joins in

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WHEREAS, in light of the foregoing, the parties agree that there is exceptionally good cause to

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continue the trial date in this action and, in the interest of justice, the November 26, 2010 trial date

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should be continued to April 22, 2013, or such other date as the court deems appropriate.

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and among all
parties, and the court's approval as to the following is hereby requested:

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That the trial date in this matter, currently set for November 26, 2012 at 9:30 A.M. be
continued to April 22, 2013 at 9:30 A.M. or such other date that the Court deems appropriate.

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All discovery shall be completed and all depositions taken by February 22, 2013.

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The last date for hearing on motions shall be March 22, 2013 at 10:00 A.M.
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The pretrial conference shall be held on April 12, 2013 at 10 A.M.

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The remaining provisions of the Status Conference Order (Docket 41) shall remain in

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effect.
DATED: August 13, 2012.

KB ASH LAW GROUP

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By /s/ Benjamin Ashurov
BENJAMIN ASHUROV
Attorneys for Defendant
STRATEGIC MARKS, LLC

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[ADDITIONAL SIGNATURES TO FOLLOW]

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-3JOINT STIPULATION AND REQUEST TO CONTINUE TRIAL DATE AND [PROPOSED] ORDER
ON JOINT STIPULATION TO CONTINUE TRIAL DATE

Case No. 3:11-cv-06198-SC

KB ASH LAW GROUP
5674 Sonoma Drive, Suite A
Pleasanton, CA 94566

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DATED: August 13, 2012.

AMSTER, ROTHSTEIN & EBENSTEIN LLP

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By /s/ Anthony F. Lo Cicero
ANTHONY F. LO CICERO
Attorneys for Plaintiff

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DATED: August 13, 2012.

HANSEN BRIDGETT LLP

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By /s/ Garner K. Weng
GARNER K. WENG
Attorneys for Plaintiff

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-4JOINT STIPULATION AND REQUEST TO CONTINUE TRIAL DATE AND [PROPOSED] ORDER
ON JOINT STIPULATION TO CONTINUE TRIAL DATE

Case No. 3:11-cv-06198-SC

KB ASH LAW GROUP
5674 Sonoma Drive, Suite A
Pleasanton, CA 94566

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[PROPOSED] ORDER ON JOINT STIPULATION TO CONTINUE TRIAL DATE

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Having duly considered the Joint Stipulation to Continue Trial Date filed by the parties to this

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action on August13
IT IS HEREBY ORDERED THAT for all the reasons set forth in the Joint Stipulated

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Certain Rules of Court be AMENDED as follows:

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The trial date in this matter is set for April 22, 2013 at 9:30 A.M.

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2.

All discovery shall be completed and all depositions taken by February 22, 2013.

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3.

The last date for hearing on motions shall be March 22, 2013 at 10:00 A.M.

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4.

The pretrial conference to be held on April 12, 2013 at 10 A.M.

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5.

The remaining provisions of the Status Conference Order (Docket 41) shall remain in

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effect.

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August 24
Dated: ____________________________, 2012.

onti

amuel C

NO

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Judge S

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IT IS S

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UNIT
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IT IS SO ORDERED.

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F
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-5JOINT STIPULATION AND REQUEST TO CONTINUE TRIAL DATE AND [PROPOSED] ORDER
ON JOINT STIPULATION TO CONTINUE TRIAL DATE

Case No. 3:11-cv-06198-SC

KB ASH LAW GROUP
5674 Sonoma Drive, Suite A
Pleasanton, CA 94566

CERTIFICATE OF SERVICE

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I am a citizen of the United States and a resident of the State of California, over the age of
eighteen, and not a party to this action. My business address is KB Ash Law Group, 5674 Sonoma
Drive, Suite A, Pleasanton, CA 94566.
On August 13, 2012, I served the following document(s): JOINT STIPULATION AND
REQUEST TO CONTINUE TRIAL DATE AND [PROPOSED] ORDER ON JOINT STIPULATION
TO CONTINUE TRIAL DATE, by the methods indicated below:
Addressed to:

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Garner Kimleon Weng
Hanson Bridgett LLP
425 Market Street
26th Floor
San Francisco, CA 94105

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Anthony Francis Lo Cicero
Amster, Rothstein & Ebenstein
90 Park Avenue
New York, NY 10016

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Were served by the following means:
[X] BY FIRST CLASS MAIL: I placed the above documents in a sealed envelope for deposit in
the United States Postal Service, with first class postage fully prepaid, and that envelope was placed
for collection and mailing on that date following ordinary business practices.
[X] BY ELECTRONIC MAIL: [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail], [e-mail],
[e-mail].

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I declare under penalty of perjury under the laws of the United States that the foregoing is true and
correct. Executed on August 13, 2012, at Pleasanton, California.

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Dated: August 13, 2012

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Respectfully submitted,
By: /s/ Benjamin Ashurov__________
Benjamin Ashurov, Esq.

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-6JOINT STIPULATION AND REQUEST TO CONTINUE TRIAL DATE AND [PROPOSED] ORDER
ON JOINT STIPULATION TO CONTINUE TRIAL DATE

Case No. 3:11-cv-06198-SC

KB ASH LAW GROUP
5674 Sonoma Drive, Suite A
Pleasanton, CA 94566

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KB ASH LAW GROUP
Attorneys for Defendant
STRATEGIC MARKS, LLC

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-7JOINT STIPULATION AND REQUEST TO CONTINUE TRIAL DATE AND [PROPOSED] ORDER
ON JOINT STIPULATION TO CONTINUE TRIAL DATE

Case No. 3:11-cv-06198-SC

KB ASH LAW GROUP
5674 Sonoma Drive, Suite A
Pleasanton, CA 94566

GENERAL ORDER ATTESTATION

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I, Benjamin Ashurov, am the ECF user whose ID and password are being used to file JOINT

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STIPULATION AND REQUEST TO CONTINUE TRIAL DATE AND [PROPOSED] ORDER ON

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JOINT STIPULATION TO CONTINUE TRIAL DATE. In compliance with General Order 45.X.B., I

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hereby attest that Anthony F. Cicero and Garner K. Weng have concurred in this filing.

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By:

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/s/ Benjamin Ashurov
Benjamin Ashurov, Esq.

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-8JOINT STIPULATION AND REQUEST TO CONTINUE TRIAL DATE AND [PROPOSED] ORDER
ON JOINT STIPULATION TO CONTINUE TRIAL DATE

Case No. 3:11-cv-06198-SC

KB ASH LAW GROUP
5674 Sonoma Drive, Suite A
Pleasanton, CA 94566