High Tek USA, Inc. v. Heat and Control, Inc.

Filing 68

STIPULATED REQUEST FOR ORDER CHANGING TIME PURSUANT TO LOCAL RULE 6-2 AND ORDER adopting 67 STIPULATION. Signed by Judge William H. Orrick on 11/01/2013. (jmdS, COURT STAFF) (Filed on 11/1/2013)

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ROBERT S. SHWARTS (STATE BAR NO. 196803)
[e-mail]
RUSSELL P. COHEN (STATE BAR NO. 213105)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
The Orrick Building
405 Howard Street
San Francisco, California 94105-2669
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
HEAT AND CONTROL, INC.

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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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HIGH TEK USA, INC., a California
corporation,

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Plaintiff,

Case No. 3:12-cv-805-WHO
STIPULATED REQUEST FOR ORDER
CHANGING TIME PURSUANT TO
LOCAL RULE 6-2 AND ORDER

v.
HEAT AND CONTROL, INC., a California
corporation, and DOES 1-10, inclusive,

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Defendants.
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OHSUSA:755054152.1

STIPULATED REQUEST FOR ORDER CHANGING TIME AND
ORDER – CASE NO. 3:12-CV-805-WHO

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Pursuant to Northern District of California Local Rule 6-2, plaintiff High Tek USA, Inc.

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(“High Tek”) and defendant Heat and Control, Inc. (“Heat and Control”) jointly submit this

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Stipulated Request for Changing Time and hereby stipulate as follows:

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WHEREAS, on April 9, 2013, the Court entered the Scheduling Order setting the last day
for fact discovery as October 11, 2013. [Docket No. 57]

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WHEREAS, pursuant to Local Rule 37-3, the deadline to file a motion to compel further
fact discovery is Friday, October 18.

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WHEREAS, on October 1, 2013, Heat and Control took the deposition of High Tek

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pursuant to Federal Rule of Civil Procedure 30(b)(6). High Tek’s deponent was unable to answer

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certain questions during that deposition on topics for which the deposition had been noticed.
WHEREAS, on October 15, Heat and Control and High Tek’s counsel met and conferred

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via telephone regarding Heat and Control’s request that High Tek produce a witness prepared to

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fully answer questions falling under Topics Nos. 12, 13 and 14 of the Rule 30(b)(6) deposition

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notice directed to High Tek.

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WHEREAS, High Tek proposed that in lieu of a further deposition it provide written
answers to the questions at issue by October 23, 2013.

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WHEREAS, Heat and Control agreed to the proposal, subject to the right to bring a

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motion to compel by November 1, 2013, after the deadline set by Local Rule 37-3 if it determines

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that High Tek’s written responses are insufficient.
WHEREAS, the Court granted the parties’ stipulation that High Tek provide written

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answers by October 23, 2013 and extending the motion to compel deadline to November 1, 2013.

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[Docket No. 66]

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WHEREAS, High Tek now requests until November 4, 2013 to provide full written
answers.

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WHEREAS, the parties believe that extending the motion to compel deadline for this

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issue may allow them to resolve or narrow issues relating to High Tek’s responses to the

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deposition topics.

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//////
OHSUSA:754368232.2

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STIPULATED REQUEST FOR ORDER CHANGING TIME AND
ORDER – CASE NO. 3:12-CV-805-WHO

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WHEREAS, the proposed modification to the motion to compel deadline will not impact
any other date or deadline set by the Scheduling Order or by Local Rule.

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WHEREAS, this is the second time that the parties have sought to continue dates in this
matter.

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IT IS THEREFORE STIPULATED and AGREED, and the parties ask the Court to adopt
as its order the following:

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STIPULATION
1. High Tek shall provide supplemental responses to Heat and Control’s Special

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Interrogatories Nos. 1-9, such responses to provide information responding to the questions posed

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during the October 1, 2013 deposition of High Tek for which High Tek’s deponent was unable to

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answer.

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2. High Tek shall serve such supplemental discovery responses upon Heat and
Control on or before November 4, 2013.
3. Heat and Control’s deadline for bringing a motion to compel further responses to

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Topics 12, 13 and 14 of the deposition notice of High Tek shall be continued to November 6,

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2013.

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IT IS SO STIPULATED.
Dated: October 31, 2013

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By: /s/ Russell P. Cohen
RUSSELL P. COHEN
Attorneys for Defendant
HEAT AND CONTROL, INC.

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ROBERT S. SHWARTS
RUSSELL P. COHEN
Orrick, Herrington & Sutcliffe LLP

Dated: October 31, 2013

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JENNIFER RANDLETT MADDEN
ANTHONY L. VIGNOLO
CAROLINE M. COLANGELO
Downey Brand LLP

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By: /s/ Anthony L. Vignolo
Anthony L. Vignolo
Attorneys for Plaintiff
HIGH TEK USA, INC.

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OHSUSA:754368232.2

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STIPULATED REQUEST FOR ORDER CHANGING TIME AND
ORDER – CASE NO. 3:12-CV-805-WHO

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I, Russell Cohen, am the ECF User whose User ID and password are being used to file

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this Stipulation. In compliance with General Order 45, X.B., I hereby attest that the above-listed

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signatories have concurred in this filing.

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/s/ Russell P. Cohen

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OHSUSA:754368232.2

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STIPULATED REQUEST FOR ORDER CHANGING TIME AND
ORDER – CASE NO. 3:12-CV-805-WHO

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated: November 1, 2013

________________________________
William H. Orrick
United States District Judge

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OHSUSA:754368232.2

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STIPULATED REQUEST FOR ORDER CHANGING TIME AND
ORDER – CASE NO. 3:12-CV-805-WHO