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

Filing 158

STIPULATION AND ORDER EXTENDING TIME FOR THE PARTIES TO EXCHANGE EXPERT REPORTS AND MODIFYING THE SCHEDULING ORDER WITH RESPECT TO DEPOSITION DAYS. Signed by Judge Richard Seeborg on 9/25/13. (cl, COURT STAFF) (Filed on 9/25/2013)

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John M. Farrell (Cal. Bar. No. 99649)
[e-mail]
FISH & RICHARDSON P.C.
500 Arguello Street, Suite 500
Redwood City, CA 94063
Telephone: [phone]
Facsimile: [phone]
Jonathan E. Singer (Cal. Bar No. 187908)
[e-mail]
FISH & RICHARDSON P.C.
12390 El Camino Real
San Diego, CA 92130
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
and Third-Party Defendants

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISO DIVISION

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MYCONE DENTAL SUPPLY CO., INC.,
D/B/A KEYSTONE RESEARCH &
PHARMACEUTICAL,
a New York Corporation,

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Plaintiff,
v.

Case No. 3:12-cv-00747-RS
JOINT STIPULATION AND PROPOSED
ORDER EXTENDING TIME FOR THE
PARTIES TO EXCHANGE EXPERT
REPORTS AND MODIFYING THE
SCHEDULING ORDER WITH RESPECT
TO DEPOSITION DAYS

CREATIVE NAIL DESIGN, INC.,
a California corporation,

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Defendant.
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YOUNG NAILS, INC., CACEE, INC. AND
NAIL SYSTEMS INTERNATIONAL,
Third-Party Defendants.

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Pursuant to Local Rule 6-1, Plaintiff Mycone Dental Supply Co., Inc., d/b/a/ Keystone

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Research and Pharmaceutical (“Keystone”) and Third-Party Defendants Young Nails, Inc.,

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Cacee, Inc., and Nail Systems International, and Defendant Creative Nail Design, Inc. hereby

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JOINT STIPULATION AND PROPOSED ORDER EXTENDING TIME
FOR THE PARTIES TO EXCHANGE EXPERT REPORTS AND
MODIFYING THE SCHEDULING ORDER WITH RESPECT TO
DEPOSITION DAYS
Case No. 3:12-cv-00747-RS

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stipulate and agree to extend the deadlines for the parties to exchange their expert reports as

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follows:

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The deadline for the parties to exchange Opening Expert Reports is extended from

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September 27, 2013 to November 8, 2013;
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The deadline for the parties to exchange Rebuttal Expert Reports is extended from

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October 30, 2013 to December 13, 2013;

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The deadline for the parties to exchange Reply Expert Reports is extended from

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November 22, 2013 to January 10, 2014; and

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The close of expert discovery is extended from January 10, 2014 to February 7,

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2014.
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This extension will not affect any other deadlines set by the court. In addition, this extension
will not affect any pre-trial or trial dates as no dates have been set for trial.
In addition, the parties hereby stipulate and agree to modify the fact discovery deposition
limits, governed by the scheduling order in this case (Doc. 75, Section 1.C), as follows:
A “deposition day,” as that term is used in the Scheduling Order, is a deposition
of a party witness, regardless of the length of the deposition.

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The limits on “deposition days” in the Scheduling Order do not limit the number
of third-party witness depositions.

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Fact discovery is closing fairly soon, and expert discovery is approaching. The parties have met

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and conferred on this issue, and have agreed to these modifications of the scheduling order to

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accommodate the depositions that are currently anticipated by both parties in order to adequately

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complete fact discovery.
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JOINT STIPULATION AND PROPOSED ORDER EXTENDING TIME
FOR THE PARTIES TO EXCHANGE EXPERT REPORTS AND
MODIFYING THE SCHEDULING ORDER WITH RESPECT TO
DEPOSITION DAYS

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In accordance with General Order No. 45, Section X(B), the filer of this document hereby

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attests that the concurrence to the filing of this document has been obtained from the other

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signatory hereto.

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Dated: September 25, 2013

Respectfully submitted,
FISH & RICHARDSON, PC
/s/ John R. Lane
John M. Farrell (Cal. Bar No. 99649)
[e-mail]
500 Arguello Street, Suite 500
Redwood City, CA 94063
Telephone : [phone]
Facsimile : [phone]

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John R. Lane (pro hac vice)
[e-mail]
FISH & RICHARDSON P.C.
1221 McKinney Street, Suite 2800
Houston, TX 77010
Telephone: [phone]
Facsimile: [phone]
Jonathan E. Singer (Cal. Bar No. 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]
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JOINT STIPULATION AND PROPOSED ORDER EXTENDING TIME
FOR THE PARTIES TO EXCHANGE EXPERT REPORTS AND
MODIFYING THE SCHEDULING ORDER WITH RESPECT TO
DEPOSITION DAYS

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KLEHR HARRISON HARVEY
BRANZBURG, LLP
1835 Market Street
Philadelphia, PA 19103
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff and Third-Party Defendants

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/s/ Adam R. Hess
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]

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Craig Kaufman (Cal. Bar. No. 159458)
[e-mail]
FREITAS TSENG & KAUFMAN LLP
100 Marine Parkway
Suite 200
Redwood Shores, CA 94065
Telephone: [phone]

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Attorneys for Defendant

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JOINT STIPULATION AND PROPOSED ORDER EXTENDING TIME
FOR THE PARTIES TO EXCHANGE EXPERT REPORTS AND
MODIFYING THE SCHEDULING ORDER WITH RESPECT TO
DEPOSITION DAYS

[PROPOSED] ORDER

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PURSUANT TO THE FOREGOING STIPULATION, IT IS ORDERED THAT the

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deadline for Opening Expert Reports is extended from September 27, 2013 to November 8,

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2013; the deadline for Rebuttal Expert Reports is extended from October 30, 2013 to December

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13, 2013; the deadline for Reply Expert Reports is extended from November 22, 2013 to January

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10, 2014; and the close of expert discovery is extended from January 10, 2014 to February 7,

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2014.
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IT IS FURTHER ORDERED THAT:

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A “deposition day,” as that term is used in the Scheduling Order, is a deposition

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of a party witness, regardless of the length of the deposition.

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The limits on “deposition days” in the Scheduling Order do not limit the number

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of third-party witness depositions.

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IT IS SO ORDERED.
9/25
Dated: ________________, 2013
______________________________
Hon. Richard Seeborg
United States District Judge

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JOINT STIPULATION AND PROPOSED ORDER EXTENDING TIME
FOR THE PARTIES TO EXCHANGE EXPERT REPORTS AND
MODIFYING THE SCHEDULING ORDER WITH RESPECT TO
DEPOSITION DAYS