NovelPoster v. Javitch Canfield Group et al

Filing 142

Order by Hon. William H. Orrick granting #137 Stipulation Extending Expert Witness Report Disclosures and Rebuttal for Computer Expert. (jmdS, COURT STAFF) (Filed on 11/24/2014)

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Carlton J. Willey (CA Bar No. 269120)
WILLEY & BENTALEB LLP
JPMorgan Chase Building
560 Mission St. Ste. 1300
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
[e-mail]
Attorney for Defendants
MARK JAVITCH AND DANIEL CANFIELD
David Nied (SBN 136413)
[e-mail]
Katy M. Young (SBN 267791)
[e-mail]
Keenan Ng (SBN 267779)
[e-mail]
Michael S. Dorsi (SBN 281865)
[e-mail]
AD ASTRA LAW GROUP, LLP
582 Market Street, Suite 1015
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
NOVELPOSTER

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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NOVELPOSTER,
a California General Partnership,

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Plaintiff,
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vs.
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JAVITCH CANFIELD GROUP,
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business entity form unknown, et al,
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Defendant,
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_____________________________________ )
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Case No. 3:13-cv-05186-WHO
JUDGE: HON. WILLIAM H. ORRICK
STIPULATION AND [PROPOSED]
ORDER EXTENDING EXPERT
WITNESS REPORT DISCLOSURE AND
REBUTTAL FOR COMPUTER EXPERT

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STIPULATION AND [PROPOSED] ORDER EXTENDING EXPERT WITNESS REPORT DISCLOSURE AND
REBUTTAL FOR COMPUTER EXPERT

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STIPULATION

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Purusant to Local Rule 6-2, Plaintiff NovelPoster and Defendants Mark Javitch and Daniel

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Canfield, by their attorneys of record, stipulate to and request a court order amending the Pretrial

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Schedule as follows:

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1.

Defendants’ disclosure of computer forensics expert Lynell Phillips’ expert report,

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disclosed on November 6, 2014, deadline, shall be treated for all purposes as if it was disclosed

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timely.

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2.

The date for Plaintiff to disclose an expert in rebuttal to Ms. Phillips shall be

extended to add 30 days from November 7, 2014. Because 30 days from November 7, 2014, falls
on a weekend, the date shall be extended to December 8, 2014.
3.

The cut-off for Plaintiff to complete discovery concerning Ms. Phillips and her

report shall also be extended to December 8, 2014.
4.

The cut-off for Defendant to complete discovery concerning Plaintiff’s rebuttal

expert and his or her report shall be extended to December 31, 2014.
5.

This stipulation will permit Plaintiff to mitigate any prejudice caused by the timing

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of the expert disclosure and permit the introduction of Ms. Phillips’ testimony, promoting

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adjudication of claims on the merits.

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This stipulation is contingent on entry of order by the Court.

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STIPULATED BY THE PARTIES ON NOVEMBER 14, 2014
/s/ Michael S. Dorsi____________
Michael S. Dorsi
Counsel for Plaintiff
NovelPoster

/s/ Carlton J. Willey
Carlton J. Willey
Counsel for Defendants
Mark Javitch and Daniel Canfield

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STIPULATION AND [PROPOSED] ORDER EXTENDING EXPERT WITNESS REPORT DISCLOSURE AND
REBUTTAL FOR COMPUTER EXPERT

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[PROPOSED] ORDER

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Pursuant to stipulation of the parties, the Court ORDERS that:
1.

Plaintiff will be provided an additional 30 days from the November 6, 2014

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production of Ms. Phillips’s expert report to produce a rebuttal report. As 30 days from November

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6, 2014 falls on a Saturday, Plaintiff’s amended rebuttal report date is Monday, December 8, 2014.

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2.

Plaintiff’s amended discovery deadline with respect Ms. Phillips is also extended to

Monday, December 8, 2014.
3.

Defendant’s amended discovery deadline with respect to Plaintiff’s rebuttal expert is

extended to Wednesday, December 31, 2014.

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4.

This Order does not apply to any Civil Pre-Trial Order deadlines not expressly

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mentioned herein.

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PURSUANT TO STILUPATION, IT IS SO ORDERED

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November 24, 2014
DATED: _______________________

_____________________________
Hon. William H. Orrick

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STIPULATION AND [PROPOSED] ORDER EXTENDING EXPERT WITNESS REPORT DISCLOSURE AND
REBUTTAL FOR COMPUTER EXPERT