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

Filing 325

STIPULATION AND ORDER re 319 Re Extension of Case Deadlines Due to Settlement filed by Artec Group, Inc. Discovery due by 10/26/2017. dispositive Motion Hearing reset for 12/21/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 9/12/17. (bpfS, COURT STAFF) (Filed on 9/12/2017)

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Louise Ann Fernandez, Esq. – State Bar No. 86263 1 Email: laf@jmbm.com An Nguyen Ruda, Esq. – State Bar No. 215453 2 Email: ahn@jmbm.com JEFFER MANGELS BUTLER & MITCHELL LLP 3 2 Embarcadero Center, 5th Floor San Francisco, CA 94111 4 Telephone: (415) 984-9613 Facsimile: (310) 712-3364 5 Benjamin Davidson, Esq. – State Bar No. 241859 6 Email: bdavidson@bendavidsonlaw.com LAW OFFICES OF BENJAMIN DAVIDSON, P.C. 7 8383 Wilshire Boulevard, Suite 800 Beverly Hills, CA 90211 8 Telephone: (323) 456-8647 Facsimile: (310) 432-0104 9 10 Attorneys for Plaintiff ARTEC GROUP, INC. 11 12 [List of Counsel/Parties Continued on Next Page] 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 16 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ARTEC GROUP, INC., a California 17 Corporation, Plaintiff, 18 19 vs. 20 ANDREY KLIMOV, an individual, et al., 21 22 23 24 Defendants. Case No. 15-cv-03449-EMC STIPULATION AND [PROPOSED] ORDER RE: EXTENSION OF CASE DEADLINES DUE TO SETTLEMENT [L.R. 6-1(b), 6-2] Judge: Honorable Edward M. Chen Trial Date: February 20, 2018 Action Filed: July 27, 2015 25 26 27 28 1 STIPULATION/ORDER RE: EXTENSION OF DEADLINES [L.R. 6.1(a), 6-2] 15-cv-03449-EMC 1 [List of Counsel/Parties Continued] 2 Mr. Andrey Klimov Prospect Vernadskogo, 25, 1, 40 3 Moscow, Russia, 119331 klivan117@gmail.com 4 916-251-8233 Defendant in pro per 5 6 Ms. Anna Stebleva Vesennyaya Street, 25, 2, 21 7 Moscow, Russia, 125635 stebleva@gmail.com 8 791-644-4259 Defendant in pro per 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATION/ORDER RE: EXTENSION OF DEADLINES [L.R. 6.1(a), 6-2] 15-cv-03449-EMC 1 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: 5 1. Pursuant to the parties’ stipulation and the Court's July 27, 2017 Order (the 6 “Order”) (Dkt. 289), the following case deadlines were set: (a) deadline for the exchange 7 of opening expert reports on September 28, 2017, the deadline for the exchange of 8 rebuttal expert reports on October 12, 2017, the expert discovery cutoff on October 26, 9 2017, and the last day for the hearing of dispositive motions on November 30, 2017. 10 2. Artec and Mr. Klimov participated in a court-ordered settlement conference 11 on August 11, 2017, and reached a settlement of the matters between them. The terms of 12 the settlement were read into the record by the parties. (Dkt. 313). Although settlement 13 has been reached with Mr. Klimov, there are agreed terms requiring performance of certain 14 actions by Mr. Klimov and Artec, which the parties are in the process of completing. 15 However, the parties require additional time to complete these actions, including, for 16 example, finalizing intellectual property assignments and licenses. Artec has agreed to 17 dismiss the action against Mr. Klimov only after performance of all the settlement terms is 18 complete. The parties agree that the Court shall retain jurisdiction to enforce the 19 settlement agreement. 20 3. Neither Ms. Stebleva nor Ms. Klimova appeared at the settlement 21 conference, although they were ordered to appear in person. (Dkt. 280.) However, the 22 settlement includes the provision that: “Artec shall agree to dismiss . . . its case against 23 Anna Stebleva and Yulia Klimova, subject to the confirmation of their acceptance of the 24 previously recited settlement terms. (Dkt. 313, Tr. 8:3-8). Artec has corresponded with 25 Mses. Stebleva and Klimova and they have not yet confirmed their acceptance of the 26 settlement terms, and Ms. Stebleva has indicated that they cannot do so until completion 27 of the further required actions by Mr. Klimov referenced above. 28 3 STIPULATION/ORDER RE: EXTENSION OF DEADLINES [L.R. 6.1(a), 6-2] 15-cv-03449-EMC 1 4. In order to give the parties sufficient time to complete the performative terms 2 of the settlement reached on August 11, 2017, the parties request that the Court extend all 3 of the remaining case deadlines except the pretrial conference and trial date by 4 approximately 30 days. 5 6 7 5. Each of these dates or deadlines was previously extended by stipulation and Court Order on July 27, 2017. THEREFORE, the Parties agree and request the Court to enter an order modifying 8 the case deadlines as follows: 9 1. The deadline for opening expert reports shall be October 26, 2017; 10 2. The deadline for rebuttal expert reports shall be November 8, 2017; 11 3. The expert discovery cutoff shall be November 22, 2017; and 12 4. The last day dispositive motions may be heard shall be December 21, 2017. 13 IT IS SO STIPULATED. 14 15 Concurrence in the filing of this stipulation has been obtained from each of the 16 other Signatories. 17 Dated: August 31, 2017 18 Respectfully submitted, 19 By: 20 21 22 23 24 25 /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. 26 27 28 4 STIPULATION/ORDER RE: EXTENSION OF DEADLINES [L.R. 6.1(a), 6-2] 15-cv-03449-EMC 1 Dated: August 31, 2017 Respectfully submitted, 2 By: 3 /s/ Andrey Klimov ANDREY KLIMOV Defendant, in pro per 4 5 6 Dated: August 31, 2017 Respectfully submitted, 7 8 By: /s/ Anna Stebleva ANNA STEBLEVA Defendant, in pro per 9 10 11 12 ORDER 13 ER n M. Che H 22 RT 21 NO 20 dward Judge E FO 19 R NIA EDWARD M. RDERED CHEN SO O UnitedSStates District Judge IT I LI 18 9/12/17 Dated: ___________ A 17 RT U O 16 S 15 PURSUANT TO STIPULATION, IT IS SO ORDERED. S DISTRICT TE C TA UNIT ED 14 N D IS T IC T R OF C 23 24 25 26 27 28 5 STIPULATION/ORDER RE: EXTENSION OF DEADLINES [L.R. 6.1(a), 6-2] 15-cv-03449-EMC

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