Kwan Software Engineering, Inc. v. Foray Technologies, LLC

Filing 84

ORDER (replacing Order at Doc. No. 81) Due to a clerical error, the Judge's amendments were not previoulsy included. Jury Selection set for 2/18/2014 08:30 AM before Hon. Susan Illston. Jury Trial set for 2/18/2014 08:30 AM before Hon. Susan Illston. Pretrial Conference set for 2/4/2014 03:30 PM before Hon. Susan Illston.. Signed by Judge Susan Illston on 9/16/13. (tfS, COURT STAFF) (Filed on 10/1/2013)

1
2
3
4
5

James S. Greenan (SBN 53648)
Chip Cox (SBN 159681)
GREENAN, PEFFER, SALLANDER & LALLY LLP
6111 Bollinger Canyon Road, Suite 500
San Ramon, California 94583
Telephone: [phone]
Facsimile:
925-830-8787
Attorneys for Defendant
Foray Technologies, LLC

6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11
12
13
14
15
16
17
18

KWAN SOFTWARE ENGINEERING, INC, )
a California Corporation, dba VERIPIC, INC., )
)
Plaintiff,
)
)
vs.
)
)
FORAY TECHNOLOGIES, LLC, a Delaware )
Limited Liability Company,
)
)
Defendant.
)
)
)
)

Case No.: CV-12-03762 SI
STIPULATION AND [PROPOSED] ORDER
REGARDING EXPERT WITNESS
DISCLOSURE
CORRECTED VERSION W/JUDGE'S ADDITIONAL
ORDER

19
20
21
22
23
24
25
26
27
28

Plaintiff Kwan Software Engineering, Inc, dba Veripic Inc., (“Veripic”) and defendant
Foray Technologies, LLC (“Foray”) stipulate and agree as follows:
WHEREAS, the parties have met and conferred on scheduled case deadlines with respect
to the exchange of expert witness reports;
WHEREAS, the parties have both retained expert witnesses that require additional time
to examine evidence provided in this case and prepare their reports;
WHEREAS, the parties agree that a short continuance of the expert witness report
exchange deadline would give their respective experts sufficient time to prepare meaningful

1

reports that would aid the finder of fact and would promote a fair trial on these issues on the

2

merits;

3

WHEREAS, the parties agree that a continuance of the expert witness exchange deadline

4

would necessitate a corresponding continuance of the dispositive motion filing deadlines so that

5

the parties would have sufficient time to take expert witness discovery and, if necessary, retain

6

and prepare rebuttal expert testimony; and

7

THEREFORE, the parties stipulate and agree, and respectfully request that this Court

8

Order, that the deadline to designate expert witnesses shall be continued to October 18, 2013;

9
10

The parties further stipulate and agree that Rebuttal experts shall be disclosed and expert
discovery completed by November 22, 2013;

11
12

The parties further stipulate and agree that the last day to file dispositive motions shall be
continued to November 29, 2013;

13
14

The parties further stipulate and agree that any Opposition briefs shall be filed and served
by December 16, 2013;

15
16

The parties further stipulate and agree that any Reply shall be filed and served by
December 23, 2013;

17

The parties further stipulate and agree that the last day to hear dispositive motions shall
17

18

be continued to January 10, 2014, or such later date as set by this Court.

19

Dated: September 13, 2013

20

GREENAN, PEFFER, SALLANDER & LALLY LLP

21
22

By:

/S/
Chip Cox
Attorneys for Defendant Foray Technologies, LLC

23
24
25
26

///

27

///

28

///

IT IS ORDERED that the pretrial filing deadline is 1/28/14. The Pretrial
Conference is continued to 2/4/14, at 3:30 p.m. The Jury trial is continued to
2/18/14, at 8:30 a.m.

1

Dated: September 13, 2013

2

GRELLAS SHAH LLP

3
4

By:

/S/ Dhaivat Shah
Dhaivat Shah
David Siegel
Attorneys for Plaintiff Kwan Software Engineering,
Inc., dba Veripic, Inc.

5
6
7
8
9
10

IT IS SO ORDERED

11

16
Dated: September ___, 2013

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

SUSAN ILLSTON
United States District Judge