Artec Group, Inc. v. Klimov, an Individual et al

Filing 289

STIPULATION AND ORDER re 288 re: Extension of Expert Discovery and Dispositive Motion Deadlines filed by Artec Group, Inc. Discovery due by 9/28/2017. Dispositive Motion Hearing set for 11/30/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 7/27/17. (bpfS, COURT STAFF) (Filed on 7/27/2017)

Louise Ann Fernandez, Esq. – State Bar No. 86263
1 Email: [e-mail]
An Nguyen Ruda, Esq. – State Bar No. 215453
2 Email: [e-mail]
JEFFER MANGELS BUTLER & MITCHELL LLP
3 2 Embarcadero Center, 5th Floor
San Francisco, CA 94111
4 Telephone: [phone]
Facsimile: [phone]
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Benjamin Davidson, Esq. – State Bar No. 241859
6 Email: [e-mail]
LAW OFFICES OF BENJAMIN DAVIDSON, P.C.
7 8383 Wilshire Boulevard, Suite 800
Beverly Hills, CA 90211
8 Telephone: [phone]
Facsimile: [phone]
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10 Attorneys for Plaintiff
ARTEC GROUP, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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ARTEC GROUP, INC., a California
17 Corporation,
Plaintiff,

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vs.

20 ANDREY KLIMOV, an individual, et al.,
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Defendants.

Case No. 15-cv-03449-EMC
STIPULATION AND [PROPOSED]
ORDER RE: EXTENSION OF
EXPERT DISCOVERY AND
DISPOSITIVE MOTION DEADLINES
[L.R. 6-1(b), 6-2] (Revised)
Judge: Honorable Edward M. Chen
Trial Date: February 20, 2018
Action Filed: July 27, 2015

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STIPULATION/ORDER RE: EXTENSION OF DEADLINES [L.R. 6.1(a), 6-2]
15-cv-03449-EMC

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[List of Counsel/Parties Continued]

2 Mr. Andrey Klimov

Prospect Vernadskogo, 25, 1, 40
3 Moscow, Russia, 119331
[e-mail]
4 916-251-8233
Defendant in pro per

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6 Ms. Anna Stebleva

Vesennyaya Street, 25, 2, 21

7 Moscow, Russia, 125635
[e-mail]

8 791-644-4259
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Defendant in pro per

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STIPULATION/ORDER RE: EXTENSION OF DEADLINES [L.R. 6.1(a), 6-2]
15-cv-03449-EMC

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Pursuant to the United States District Court, Northern District of California Local

2 Rules, Rules 6-1(b) and 6-2, Louise Ann Fernandez, attorney for plaintiff Artec Group,
3 Inc. (“Artec” or “Plaintiff”), and defendants Andrey Klimov and Anna Stebleva
4 ("Defendants"), in pro per, state and stipulate as follows:
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1.

Pursuant to the Court's February 3, 2017 Case Management and Pretrial

6 Order for Jury Trial (the "CMO") (Dkt. 171), the deadline for the exchange of opening
7 expert reports is currently scheduled for August 17, 2017, the deadline for the exchange of
8 rebuttal expert reports is currently scheduled for September 17, 2017, the expert discovery
9 cutoff is currently scheduled for September 28, 2017, and the last day for the hearing of
10 dispositive motions is currently scheduled for November 9, 2017.
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2.

One of the main issues in this case is Artec's allegation that Defendants

12 misappropriated Artec's proprietary source code. Artec therefore requested in discovery,
13 first through written requests served in October 2016 and then through specific meet and
14 confer efforts beginning in January 2017, that Defendants produce all relevant source code
15 in their possession, custody or control.
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3.

Defendants contended that they were required to obtain third party

17 permission before producing some of the source code in their possession, custody or
18 control, and did not produce a substantial portion of their source code production to date,
19 comprising approximately 85,000 lines of code, until July 12, 2017.
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4.

Source code analysis is a complex and time consuming endeavor, and the

21 parties agree that the current expert opening report deadline of August 17, 2017 does not
22 provide Artec with sufficient time for its experts to fully and completely analyze
23 Defendants' source code. Additionally, due to the simultaneous motions for withdrawal of
24 counsel for all defendants on February 22, 2017, and the resultant stay of proceedings
25 through April 28, 2017 (Dkt. 225) and subsequently through May 12, 2017 (Dkts. 23526 236), Artec has not been able to conduct all discovery with sufficient time to provide all
27 relevant discovery documents to its experts under the deadlines set forth in the CMO.
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STIPULATION/ORDER RE: EXTENSION OF DEADLINES [L.R. 6.1(a), 6-2]
15-cv-03449-EMC

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5.

The parties therefore agree that the deadlines for opening and rebuttal expert

2 reports and the expert discovery cutoff, and the last day for the hearing of dispositive
3 motions, should be extended, in order to provide sufficient time for the necessary expert
4 source code and discovery analysis for opening and rebuttal expert reports and expert
5 discovery and the filing of dispositive motions based thereon, and that extension of those
6 dates will not affect any other dates or deadlines in the CMO.
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6.

None of the other dates or deadlines in the CMO have previously been

8 extended by stipulation or Court order.
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THEREFORE, the Parties agree and request the Court to enter an order modifying

10 the expert discovery and dispositive motion schedule in the CMO as follows:
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1.

The deadline for opening expert reports shall be October 6, 2017;

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2.

The deadline for rebuttal expert reports shall be October 27, 2017; Oct.

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3.

The expert discovery cutoff shall be November 8, 2017; and

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The last day dispositive motions may be heard shall be December 14, 2017.

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IT IS SO STIPULATED.

Sept. 28, 2017
12, 2017

Oct. 26, 2017

Nov. 30, 2017

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Concurrence in the filing of this stipulation has been obtained from each of the

18 other Signatories.
19 Dated: July 25, 2017

Respectfully submitted,

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By:

/s/ Louise Ann Fernandez
Louise Ann Fernandez
An Nguyen Ruda
JEFFER MANGELS BUTLER & MITCHELL LLP
Benjamin Davidson
LAW OFFICES OF BENJAMIN DAVIDSON, P.C.
Attorneys for Plaintiff
ARTEC GROUP, INC.

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STIPULATION/ORDER RE: EXTENSION OF DEADLINES [L.R. 6.1(a), 6-2]
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Dated: July 25, 2017

Respectfully submitted,

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By:

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/s/ Andrey Klimov
ANDREY KLIMOV
Defendant, in pro per

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Dated: July 25, 2017

Respectfully submitted,

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By:

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/s/ Anna Stebleva
ANNA STEBLEVA
Defendant, in pro per

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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hen

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DIFIED

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EDWARD M. CHEN ED
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UnitedIStates District Judge
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UNIT
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18 Dated: ___________

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July 27, 2017

(as revised on P. 4)

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STIPULATION/ORDER RE: EXTENSION OF DEADLINES [L.R. 6.1(a), 6-2]
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