Lopez Tax Service, Inc. et al v. The Income Tax School, Inc.

Filing 47

ORDER GRANTING 46 STIPULATION To Extend ENE Deadline. Signed by Judge JEFFREY S. WHITE on 3/1/13. (jjoS, COURT STAFF) (Filed on 3/1/2013)

Case3:12-cv-02654-JSW Document46 Filed02/28/13 Page1 of 3

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David A. Gauntlett (SBN 96399)
James A. Lowe (SBN 214383)
Andrew M. Sussman (SBN 112418)
GAUNTLETT & ASSOCIATES
18400 Von Karman, Suite 300
Irvine, California 92612
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

Nicholas Ranallo (SBN 275016)
NICHOLAS RANALLO, ATTORNEY AT LAW
371 Dogwood Way
Boulder Creek, California 95006
Telephone: [phone]
Facsimile: (831-533-5073
[e-mail]
Christopher E. Gatewood [Pro Hac Vice ]
THRESHOLD COUNSEL, PC
1905 Huguenot Road, Suite 200
Richmond, Virginia 23235
Telephone: [phone]
Facsimile: [phone]
[e-mail]

Attorneys for Plaintiffs Lopez Tax Service, Inc.,
Carlos C. Lopez, Kristeena S. Lopez, and Latino
Tax Professionals Association, LLC

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William Fenwick
FENWICK & WEST LLP
801 California Street
Mountain View, California 94041
Telephone: [phone]
Fax: [phone]
[e-mail]

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Early Neutral Evaluator

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Attorneys for Defendant The Income Tax School

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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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LOPEZ TAX SERVICE, INC., et al.,

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Plaintiffs,

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vs.
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THE INCOME TAX SCHOOL, INC.,
Defendant.

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Case No.: CV12-02654-JSW

STIPULATION AND [PROPOSED]
ORDER TO EXTEND EARLY NEUTRAL
EVALUATION DEADLINE
[Civ. L.R. 7-12]

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STIPULATION AND [PROPOSED] ORDER

Case3:12-cv-02654-JSW Document46 Filed02/28/13 Page2 of 3

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Pursuant to Civ. L.R. 7-12, Plaintiffs LOPEZ TAX SERVICE, INC., CARLOS C. LOPEZ,

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KRISTEENA S. LOPEZ and LATINO TAX PROFESSIONALS ASSOCIATION, LLC,

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(collectively “Lopez”), Defendant THE INCOME TAX SCHOOL, INC. (“ITS”), and Early Neutral

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Evaluator William A. Fenwick (“Evaluator”) hereby stipulate and agree to request an extended

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deadline to complete Early Neutral Evaluation in this case.

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following:

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1)

This stipulation is based on the

Following depositions taken by each side in January, and the exchange of certain

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documents in discovery, the Parties and counsel for Lopez’s insurer met and participated in the Early

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Neutral Evaluation (“ENE”) process on January 29, 2013.

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2)

At that ENE session, the Parties and Evaluator agreed that any meaningful evaluation

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would require document discovery and review, so that ITS could more completely present its

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preliminary case for infringement, and so that Lopez could have an opportunity to respond to that

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case.

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3)

The Parties, their counsel, and the Evaluator have agreed to continue the ENE

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process, as follows: On or before March 31, 2013, ITS will submit to the Evaluator, counsel for

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Lopez, and participating counsel for Lopez’s insurer, a chart summarizing its claims of infringement

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(work by work) versus the Lopez works, and supporting documentation. On or before April 30,

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2013, Lopez will submit to the Evaluator, counsel for ITS, and participating counsel for Lopez’s

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insurer, the Lopez response.

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4)

Thereafter, the Evaluator will submit his findings to the Parties and to participating

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counsel for Lopez’s insurer, in a report via email. The Parties and the Evaluator anticipate that this

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process will be complete on or before the discovery cutoff date of June 3, 2013.

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STIPULATION AND [PROPOSED] ORDER

Case3:12-cv-02654-JSW Document46 Filed02/28/13 Page3 of 3

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Dated: February 26, 2013

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Attorneys for Plaintiffs
Lopez Tax Service, Inc., Carlos C. Lopez,
Kristeena S. Lopez, and Latino Tax Professionals
Association, LLC

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GAUNTLETT & ASSOCIATES
By: /s/ James A. Lowe
David A. Gauntlett
James A. Lowe
Andrew M. Sussman

Dated: February 26, 2013

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NICHOLAS RANALLO, ATTORNEY AT LAW
By: /s/ Nicholas Ranallo
Nicholas Ranallo
371 Dogwood Way
Boulder Creek, CA 95006
Christopher E. Gatewood [Pro Hac Vice]
THRESHOLD COUNSEL, PC
1905 Huguenot Road, Suite 200
Richmond, VA 23235

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Attorneys for Defendant
The Income Tax School, Inc.

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Dated: February 27, 2013

FENWICK & WEST, LLP

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By: /s/
William Fenwick
801 California Street
Mountain View, California 94041
Telephone: [phone]
Fax: [phone]

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Early Neutral Evaluator

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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March 1, 2013
Dated:_____ ________________

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UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER