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

Filing 144

JOINT STIPULATION AND ORDER EXTENDING THE DEADLINES TO EXCHANGE EXPERT REPORTS. Signed by Judge Richard Seeborg on 8/26/13. (cl, COURT STAFF) (Filed on 8/26/2013)

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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
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 THE
DEADLINES TO EXCHANGE EXPERT REPORTS
CASE NO. 3:12-CV-00747 RS

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to extend the deadlines for the parties to exchange their expert reports as follows:
The deadline for the parties to exchange opening expert reports is extended from
August 30, 2013 to September 27, 2013.
The deadline for the parties to exchange rebuttal expert reports is extended from
October 2, 2013 to October 30, 2013.

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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 November 1, 2013 to November 22, 2013.

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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: August 26, 2013

Respectfully submitted,
FREITAS TSENG & KAUFMAN LLP
By /s/ Craig Kaufman
CRAIG KAUFMAN (SBN 159458)
[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]
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)
[e-mail]

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

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500 Arguello Street, Suite 500
Redwood City, CA 94063
Telephone: [phone]
Facsimile: [phone]
John R. Lane (admitted pro hac vice)
[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]
Ira A. Rosenau (pro hac vice)
[e-mail]
KLEHR HARRISON HARVEY
BRANZBURG, LLP
1835 Market Street
Philadelphia, PA 19103
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff

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JOINT STIPULATION EXTENDING 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:

September 27, 2013.

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The deadline for the parties to exchange rebuttal expert reports:

October 30, 2013.

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The deadline for Keystone to serve reply expert report:

November 22, 2013.

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IT IS SO ORDERED.

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

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

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ATTESTATION
I, Craig Kaufman, am the ECF User whose ID and password are being used to file this

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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING THE DEADLINES TO

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EXCHANGE EXPERT REPORTS. I attest that, pursuant to United States District Court,

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Northern District of California Civil L.R. 5-1(i)(3) and General Order 45, concurrence in the

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filing of this document has been obtained from Counsel for Plaintiff. I declare under penalty of

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perjury that the foregoing is true and correct.

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