Ai-Daiwa, Ltd. v. Apparent, Inc. et al

Filing 125

Order by Hon. Vince Chhabria granting 124 Stipulation re Litigation Scheduling.(knm, COURT STAFF) (Filed on 4/17/2015)

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A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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CHI-HUNG A. CHAN (SBN 104289)
LAEL D. ANDARA (SBN 215416)
MARIE E. SOBIESKI (278008)
ROPERS, MAJESKI, KOHN & BENTLEY
1001 Marshall Street, Suite 500
Redwood City, CA 94063-2052
T:
[phone]
F:
[phone]
Email: lael. [e-mail]
[e-mail]
Attorneys for Plaintiff
AI-DAIWA, LTD.
JACQUELINE DESOUZA, ESQ. (SBN 133686)
DESOUZA LAW OFFICES
A Professional Corporation
7428 Redwood Blvd., Suite 102
Novato, CA 94945
Tel/Fax:
[phone]
Email: [e-mail]
Attorneys for Defendants, APPARENT, INC.;
APPARENT ENERGY, INC.; APPARENT SOLAR,
INC., XSLENT ENERGY TECHNOLOGIES, LLC;
and APPARENT SOLAR INVESTMENTS (II), LLC,
and Counter Claimants, APPARENT, INC. and
APPARENT ENERGY, INC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AI-DAIWA, LTD.,

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Plaintiff,

JOINT STIPULATION OF THE
PARTIES RELATING TO THE
COURT’S ORDER GRANTING IN
PART AND DENYING IN PART
PLAINTIFF’S MOTION TO
DISQUALIFY COUNSEL AND
LITIGATION SCHEDULE
AND ORDER
Hon. Vince Chhabria

v.
APPARENT, INC., a Delaware Corporation;
APPARENT ENERGY, INC., a Delaware
Corporation; APPARENT SOLAR, INC., a
Delaware Corporation; APPARENT SOLAR
INVESTMENTS (II), LLC, a Hawaii limited
liability company; XSLENT ENERGY
TECHNOLOGIES, LLC, a Delaware limited
liability company; and DOES 1-10 inclusive,

Complaint filed September 9, 2013
Counterclaim filed March 24, 2014

Defendants

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Case No.: CV13-4156 VC

AND RELATED CROSS-ACTION

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{00005023.DOC}

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JOINT STIPULATION
CASE NO. CV13-4156 VC

On April 9, 2015, this Court heard Plaintiff AI-Daiwa, Ltd.’s (“AI-Daiwa”) Motion to

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Apparent Solar Inc, Apparent Solar Investments II, LLC, Xslent Energy Technologies, LLC

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(collectively, “Apparent”) from the litigation and trial. At the hearing, the Court issued a

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tentative Order Disqualifying Ms. DeSouza from the litigation and trial, vacating all trial dates,

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and setting a further Case Management Conference hearing. [Docket 120] The Court’s written

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Order withdrew its ruling from the bench vacating trial dates, but continued the trial to

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November 2, 2015 to permit four weeks between the pre-trial conference and the trial date to

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allow for the resolution of which witnesses would require co-counsel questioning. [Docket 123]

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A Professional Corporation
Redwood City

Disqualify Jacqueline DeSouza counsel for Defendants, Apparent Inc, Apparent Energy Inc,

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Ropers Majeski Kohn & Bentley

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The parties have conferred regarding how to implement the Court’s Order and agree that

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a short continuance of the discovery, expert disclosure, and dispositive motion dates will assist

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with the issues presented by the Court’s Order. Discovery has been delayed due to resolution of

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the Motion to Disqualify. A short continuance will allow Apparent to secure co-counsel and

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permit co-counsel to participate in the litigation and further allow both parties to complete

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discovery. The parties anticipate deposing the Court Expert within the next 30 days. The parties

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do not propose moving the pre-trial or trial date as set forth by the Court in its Order. Thus, the

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parties propose the following schedule:

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Action

Present Date

Proposed Date

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Completion of all written and witness discovery

May 26, 2015

June 29, 2015

Expert Disclosure

April 27, 2015

May 27, 2015

Supplemental Expert Disclosure

May 11, 2015

June 12, 2015

Dispositive Motion Hearing

July 23, 2015

August 27, 2015

Pre-Trial Conference

October 5, 2015

October 5, 2015

Trial

October 20, 2015

November 2, 2015

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{00005023.DOC}

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JOINT STIPULATION
CASE NO. CV13-4156 VC

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: _April 14, 2015_______

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__/s/ Lael D. Andara______________________
Attorneys for AI-Daiwa

DATED: _ April 14, 2015_______ _/s/ Jacqueline deSouza ____________________
Attorneys for Defendants and Counterclaimants

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Based on the stipulation of the Parties, and good cause being shown, this Court Orders that dates

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by which Written and Witness Discovery, Expert Disclosures, and Dispositive Motions must be

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completed or heard shall be continued as set forth in the parties’ stipulation.

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A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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IT IS ORDERED.
April 16, 2015
DATED: __________________

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_____________________________________
Honorable Judge Vince Chhabria

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{00005023.DOC}

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JOINT STIPULATION
CASE NO. CV13-4156 VC