Easton-Bell Sports, Inc v. E.I. Du Pont De Nemours and Company

Filing 39

ORDER GRANTING Stipulated Request to Continue the Deadline for Completing ADR and Amend Scheduling Order 38 . Signed by Judge Nathanael Cousins on 8/6/13. (lmh, COURT STAFF) (Filed on 8/6/2013)

LEE TRAN & LIANG APLC

1 Enoch H. Liang (SBN 212324)
[e-mail]

2 James M. Lee (SBN 192301)
[e-mail]

3 Lisa Chin (SBN 259793)

[e-mail]

4 702 Marshall Street, Suite 411
5 Redwood City, California

Telephone: [phone]
6 Facsimile: [phone]

7 Attorneys for Plaintiff

Easton-Bell Sports, Inc.

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KILPATRICK TOWNSEND & STOCKTON LLP
9 Gregory S. Gilchrist (SBN 111536)
[e-mail]
10 Two Embarcadero Center, Eighth Floor
San Francisco, CA 94111
11 Telephone: [phone]
Facsimile: 415-576-0300

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William Brewster (pro hac vice)
[e-mail]
Jessica A. Pratt (pro hac vice)
[e-mail]
1100 Peachtree Street NE, Suite 2800
Atlanta, GA 30309
Telephone: [phone]
Facsimile: 404-815-6555

17 Attorneys for Defendant

E.I. de Pont de Nemours and Company

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EASTON-BELL SPORTS, INC. a Delaware )
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Plaintiff,
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v.
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E. I. DU PONT DE NEMOURS AND
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COMPANY, a Delaware corporation, aka
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DUPONT, and DOES 1 through 10,
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Case No.: 3:13-cv-00283-NC
STIPULATED REQUEST TO CONTINUE
THE DEADLINE FOR COMPLETING
ADR AND TO AMEND SCHEDULING
ORDER WITH [PROPOSED] ORDER
Magistrate Judge Nathanael M. Cousins

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STIPULATED REQUEST TO CONTINUE DEADLINE FOR COMPLETING ADR AND TO AMEND
SCHEDULING ORDER WITH [PROPOSED] ORDER

Defendants.

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2 E.I. DU PONT DE NEMOURS AND
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COMPANY, a Delaware corporation,

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v.

Counterclaim-Plaintiff,

6 EASTON-BELL SPORTS, INC a Delaware
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corporation,

Counterclaim-Defendant.

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STIPULATED REQUEST TO CONTINUE DEADLINE FOR COMPLETING ADR AND TO AMEND
SCHEDULING ORDER WITH [PROPOSED] ORDER

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Pursuant to Local Rule 6-2, this Stipulated Request is entered into by and between

2 Plaintiff/Counterclaim-Defendant Easton-Bell Sports, Inc. (“Easton-Bell”), and
3 Defendant/Counterclaim-Plaintiff E.I. du Pont de Nemours and Company (“DuPont”) by and
4 through their respective counsel.
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1. The parties have met and conferred and propose (a) an extension of the deadline to

6 complete the Alternative Dispute Resolution process of Early Neutral Evaluation and (b)
7 amendment to the Case Management Scheduling Order as set forth below.
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2. The deadline for completing the Alternative Dispute Resolution process of Early Neutral

9 Evaluation currently is set for August 5, 2013, as requested by the parties (Dkt. No. 37).
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3. The Court entered the Case Management Scheduling Order on May 1, 2013 (Dkt. No.

11 33).
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4. The parties have met and conferred and propose (a) continuing the deadline for

13 completing Alternative Dispute Resolution to August 26, 2013 and (b) amending the Case
14 Management Scheduling Order as follows:
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Item
Completion of Non-Expert
Discovery
Plaintiff’s disclosure of expert
witness opinions
Defendant’s disclosure of expert
testimony and reports
Close of expert discovery

Original Deadline in Case
Management Report
(Dkt. No. 33)
September 6, 2013

Amended Deadline
October 30, 2013

September 27, 2013

November 20, 2013

October 28, 2013

December 20, 2013

November 27, 2013

January 15, 2014

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5. The parties believe good cause exists for these amendments because they have made

24 significant progress in working toward a potential negotiated settlement, and anticipate that they
25 will be in a position to execute an agreement prior to August 26, 2013. The parties’ proposed
26 deadlines will not affect the Court’s dispositive motion hearing deadline, which will remain as
27 previously set (February 5, 2014).
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-1STIPULATED REQUEST TO CONTINUE DEADLINE FOR COMPLETING ADR AND TO AMEND
SCHEDULING ORDER WITH [PROPOSED] ORDER

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WHEREFORE, the parties respectfully request that the Court enter an Order adopting the

2 deadlines suggested herein.
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Respectfully Submitted,

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DATED: August 5, 2013

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LEE TRAN & LIANG APLC
/s/ Enoch H. Liang
Enoch H. Liang
Attorney for Plaintiff Easton-Bell Sports, Inc.

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DATED: August 5, 2013

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KILPATRICK TOWNSEND & STOCKTON LLP
/s/ Jessica A. Pratt
Jessica A. Pratt
Attorney for Defendant E.I. du Pont de Nemours and
Company

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Nathanael M. Cousins
United States MagistrateED
Judge
ANT
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GR

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thanael
Judge Na

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M. Cousin

R NIA

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S DISTRICT
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_________________________________

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DATED: ________________, 2013
August 6

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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UNIT
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D IS T IC T O
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-2STIPULATED REQUEST TO CONTINUE DEADLINE FOR COMPLETING ADR AND TO AMEND
SCHEDULING ORDER WITH [PROPOSED] ORDER

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ECF ATTESTATION
I, Jessica A. Pratt, am the ECF user whose identification and password are being used to
file the parties’ Joint Motion to Continue Deadline for Completing ADR and to Amend
Scheduling Order with [PROPOSED] Order. In compliance with Civil Rule 5.1, I hereby attest

6 that concurrence in the filing of this document has been obtained from Lisa Chin. I declare
7 under penalty of perjury that the foregoing is true and correct.
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Executed this 5th day of August 2013.

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/s/ Jessica A. Pratt
Jessica A. Pratt
Attorney for Defendant/Counterclaim-Plaintiff

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-3STIPULATED REQUEST TO CONTINUE DEADLINE FOR COMPLETING ADR AND TO AMEND
SCHEDULING ORDER WITH [PROPOSED] ORDER