Pinterest, Inc. v. Pintrips, Inc.

Filing 139

ORDER by Judge Haywood S. Gilliam, Jr. Granting 138 Stipulation REGARDING PRETRIAL SCHEDULE. (ndr, COURT STAFF) (Filed on 2/20/2015)

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1 2 3 4 5 6 HARVEY SISKIND LLP LAWRENCE J. SISKIND (SBN 85628) Email: siskind@harveysiskind.com DONALD A. THOMPSON (SBN 260076) Email: dthompson@harveysiskind.com JANE A. LEVICH (SBN 293299) Email: jlevich@harveysiskind.com Four Embarcadero Center, 39th Floor San Francisco, California 94111 Telephone: (415) 354-0100 Facsimile: (415) 391-7124 KENYON & KENYON LLP FRANK L. BERNSTEIN 1801 Page Mill Road, Suite 210 Palo Alto, California 94304 Telephone: (650) 384-4700 Facsimile: (650) 384-4701 Email: fbernstein@kenyon.com EDWARD T. COLBERT 1500 K Street, N.W. Washington D.C. 20005 Telephone: (202) 220-4200 Facsimile: (202) 220-4201 Email: ecolbert@kenyon.com Attorneys for Plaintiff PINTEREST, INC. Attorneys for Defendant PINTRIPS, INC. 7 8 9 10 11 IN THE UNITED STATES DISTRICT COURT 12 FOR THE NORTHERN DISTRICT OF CALIFORNIA 13 14 15 PINTEREST, INC., a Delaware corporation, 16 Plaintiff, 17 18 STIPULATION AND [PROPOSED] ORDER REGARDING PRETRIAL SCHEDULE v. 19 Case No. C 13-4608-HSG PINTRIPS, INC., a Delaware corporation, 20 21 22 Defendant. AND RELATED COUNTERCLAIMS 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER RE PRETRIAL SCHEDULE CASE NO. C 13-4608-HSG 1 Pursuant to Federal Rule of Civil Procedure 16 and Local Rule 6-2, Plaintiff Pinterest, Inc. 2 (“Pinterest”) and Defendant Pintrips, Inc. (“Pintrips”) respectfully submit this Stipulation and 3 [Proposed] Order Regarding Pretrial Schedule. 4 WHEREAS, this case was previously assigned to Judge Richard Seeborg, whose scheduling 5 order set a final pretrial conference on March 12, 2015 and start of trial on March 23, 2015. See Dkt. 6 #42 ¶¶ 6-7. 7 WHEREAS, on February 13, 2015 this case was reassigned to Judge Haywood Gilliam, 8 whose reassignment order provides that “[a]ll pretrial conference and trial dates scheduled on or 9 before June 19, 2015 are vacated” and “[a]ll discovery cutoff and other pretrial deadlines (e.g., 10 motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place.” See 11 Order Reassigning Case ¶ 8. 12 WHEREAS, the existing non-discovery pretrial deadlines (e.g., motions in limine, pretrial 13 statements, proposed joint trial exhibits, etc.) are triggered by the now-vacated final pretrial 14 conference and trial dates. See Fed. R. Civ. P. 26(a)(3); Judge Seeborg’s Trial Standing Orders. 15 WHEREAS, Pinterest and Pintrips believe that vacating such non-discovery pretrial deadlines 16 pending the determination of new dates for a pretrial conference and start of trial will serve the 17 interests of efficiency and economy in this case. 18 19 20 WHEREAS, the two previous scheduling modifications in this case did not affect any nondiscovery pretrial deadlines. See Dkt. ## 99, 131. NOW, THEREFORE, Pinterest and Pintrips stipulate that all deadlines triggered by the final 21 pretrial conference and start of trial (e.g., motions in limine, pretrial statements, proposed joint trial 22 exhibits, etc.) shall be vacated pending determination of new dates for a final pretrial conference and 23 start of trial. 24 25 26 27 28 -1STIPULATION AND [PROPOSED] ORDER RE PRETRIAL SCHEDULE CASE NO. C 13-4608-HSG 1 Dated: February 19, 2015 Respectfully submitted, HARVEY SISKIND LLP LAWRENCE J. SISKIND DONALD A. THOMPSON JANE A. LEVICH 2 3 4 5 By: 6 7 /s/ Lawrence J. Siskind Attorneys for Plaintiff PINTEREST, INC. 8 9 10 Dated: February 19, 2015 11 12 KENYON & KENYON LLP FRANK L. BERNSTEIN EDWARD T. COLBERT By: 13 14 /s/ Frank L. Bernstein Attorneys for Defendant PINTRIPS, INC. 15 16 17 18 19 I, Lawrence J. Siskind, am the ECF User whose identification and password are being used to file this document. Pursuant to Civil Local Rule 5-1, I hereby attest that counsel for Defendant has 20 concurred in this filing. 21 22 /s/ Lawrence J. Siskind 23 24 25 26 27 28 -2STIPULATION AND [PROPOSED] ORDER RE PRETRIAL SCHEDULE CASE NO. C 13-4608-HSG 1 ORDER 2 The Court has reviewed the parties’ agreement and adopts the stipulation. All deadlines 3 triggered by the final pretrial conference and start of trial (e.g., motions in limine, pretrial statements, 4 proposed joint trial exhibits, etc.) shall be vacated pending determination of new dates for a final 5 pretrial conference and start of trial. A case management conference is set for March 10, 2015, at 6 2:00 pm. The parties are directed to file a joint case management statement no later than March 2, 7 2015. 8 9 10 Dated: February 20, 2015 _____________________________________________ THE HONORABLE HAYWOOD S. GILLIAM, JR. UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION AND [PROPOSED] ORDER RE PRETRIAL SCHEDULE CASE NO. C 13-4608-HSG

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