Mycone Dental Supply Co., Inc. v. Creative Nail Design, Inc.

Filing 131

STIPULATION AND ORDER re 130 Joint Stipulation and [Proposed] Order Extending Discovery Deadlines and the Deadlines to Exchange Expert Reports. Discovery of expert witnesses to be completed by 1/10/2014.Signed by Judge Richard Seeborg on 06/10/2013. (jmdS, COURT STAFF) (Filed on 6/10/2013)

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VENABLE LLP
ADAM R. HESS (pro hac vice)
Email: [e-mail]
CHRISTOPHER T. LA TESTA (pro hac vice)
Email: [e-mail]
575 7th Street N.W.
Washington, D.C. 20004
Telephone: [phone]
Facsimile: [phone]

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FREITAS TSENG & KAUFMAN LLP
CRAIG KAUFMAN (SBN 159458)
Email: [e-mail]
100 Marine Parkway, Suite 200
Redwood Shores, CA 94065
Telephone: [phone]

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Attorneys for Defendant
CREATIVE NAIL DESIGN, INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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MYCONE DENTAL SUPPLY CO., INC.,
D/B/A/ KEYSTONE RESEARCH &
PHARMACEUTICAL,
Plaintiff,
vs.

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CREATIVE NAIL DESIGN, INC.,
Defendant.

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Case No. 3:12-cv-00747-RS
JOINT STIPULATION AND
[PROPOSED] ORDER EXTENDING
DISCOVERY DEADLINES AND THE
DEADLINES TO EXCHANGE EXPERT
REPORTS

AND RELATED COUNTERCLAIM

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Pursuant to Local Rule 6-1, Defendant/Counterclaim Plaintiff Creative Nail Design, Inc.

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(“CND”), Plaintiff Mycone Dental Supply Co., Inc. (“Keystone”), and Counterclaim Defendants

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Young Nails, Inc., Cacee, Inc. and Nail Systems International (“Counterclaim Defendants”), by

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and through their respective counsel, hereby stipulate and agree, subject to the Court’s approval,
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JOINT STIPULATION EXTENDING DISCOVERY DEADLINES
AND THE DEADLINES TO EXCHANGE EXPERT REPORTS
CASE NO. 3:12-CV-00747 RS

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to extend the deadlines for the close of fact and expert discovery and to extend the deadlines for

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the parties to exchange their expert reports as follows:

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

The deadline for the parties to exchange opening expert reports is extended from
July 2, 2013 to August 30, 2013.



The deadline for the parties to exchange rebuttal expert reports is extended from
July 31, 2013 to October 2, 2013.



The deadline for Keystone to submit its reply expert report for the purpose of
rebutting CND's arguments on secondary considerations of nonobviousness is
extended from August 30, 2013 to November 1, 2013.



The deadline for the completion of all non-expert discovery is extended from
September 13, 2013 to November 15, 2013.



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The deadline for the completion of discovery of expert witnesses is extended from
November 1, 2013 to January 10, 2014.

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In addition, the parties have agreed that CND may take fact discovery beyond the agreed-

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upon deadline set forth above, but only on any new issues of fact raised in Keystone’s reply

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expert report.

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The parties request the extensions for the reasons explained in the Declaration of

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Christopher T. La Testa, submitted herewith. This extension will not affect any other deadlines

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set by the Court. In addition, this extension will not affect any pre-trial or trial dates as no dates

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have been set for trial.

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Dated: June 10, 2013

Respectfully submitted,
FREITAS TSENG & KAUFMAN LLP
By /s/ Craig Kaufman
CRAIG KAUFMAN (SBN 159458)
Email: [e-mail]
100 Marine Parkway, Suite 200
Redwood Shores, CA 94065
Telephone: [phone]
Adam R. Hess (pro hac vice)
[e-mail]
Christopher T. La Testa (pro hac vice)
[e-mail]

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JOINT STIPULATION EXTENDING DISCOVERY DEADLINES
AND THE DEADLINES TO EXCHANGE EXPERT REPORTS
CASE NO. 3:12-CV-00747 RS

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VENABLE LLP
575 7th Street N.W.
Washington, D.C. 20004
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant

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FISH & RICHARDSON P.C.

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By /s/ John R. Lane
JOHN M. FARRELL (SBN 99649)
Email: [e-mail]
500 Arguello Street, Suite 500
Redwood City, CA 94063
Telephone: [phone]
Facsimile: [phone]
John R. Lane (admitted pro hac vice)
Email: [e-mail]
1 Houston Center
1221 McKinney Street
Suite 2800
Houston, TX 77010
Telephone: [phone]
Jonathan E. Singer (SBN 187908)
[e-mail]
12390 El Camino Real
San Diego, CA 92130
Telephone: [phone]
Facsimile: [phone]
Joseph A. Herriges (pro hac vice)
[e-mail]
FISH & RICHARDSON P.C.
60 South 6th Street, Suite 3200
Minneapolis, MN 55402
Telephone: [phone]

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Ira A. Rosenau (pro hac vice)
[e-mail]
KLEHR HARRISON HARVEY
BRANZBURG, LLP
1835 Market Street
Philadelphia, PA 19103
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff

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JOINT STIPULATION EXTENDING DISCOVERY DEADLINES
AND THE DEADLINES TO EXCHANGE EXPERT REPORTS
CASE NO. 3:12-CV-00747 RS

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[PROPOSED] ORDER

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PURSUANT TO THE FOREGOING STIPULATION, IT IS HEREBY ORDERED

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THAT the deadlines for the close of fact and expert discovery and the deadlines for the parties to

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exchange their expert reports are extended and set as follows:

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The deadline for the parties to exchange opening expert reports:

August 30, 2013.

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The deadline for the parties to exchange rebuttal expert reports:

October 2, 2013.

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The deadline for Keystone to serve reply expert report:

November 1, 2013.

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The deadline for the completion of all non-expert discovery:

November 15, 2013.

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The deadline for the completion of discovery of expert witnesses:

January 10, 2014.

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IT IS SO ORDERED.

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Dated: June ___, 2013
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___________________________________
Hon. Richard Seeborg
United States District Judge

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JOINT STIPULATION EXTENDING DISCOVERY DEADLINES
AND THE DEADLINES TO EXCHANGE EXPERT REPORTS
CASE NO. 3:12-CV-00747 RS