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)

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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[List of Counsel/Parties Continued on Next Page]

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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 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

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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
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 parties’ stipulation and the Court's July 27, 2017 Order (the

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“Order”) (Dkt. 289), the following case deadlines were set: (a) deadline for the exchange

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of opening expert reports on September 28, 2017, the deadline for the exchange of

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rebuttal expert reports on October 12, 2017, the expert discovery cutoff on October 26,

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2017, and the last day for the hearing of dispositive motions on November 30, 2017.

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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.
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3.

Neither Ms. Stebleva nor Ms. Klimova appeared at the settlement

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conference, although they were ordered to appear in person. (Dkt. 280.) However, the

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settlement includes the provision that: “Artec shall agree to dismiss . . . its case against

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Anna Stebleva and Yulia Klimova, subject to the confirmation of their acceptance of the

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previously recited settlement terms. (Dkt. 313, Tr. 8:3-8). Artec has corresponded with

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Mses. Stebleva and Klimova and they have not yet confirmed their acceptance of the

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settlement terms, and Ms. Stebleva has indicated that they cannot do so until completion

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of the further required actions by Mr. Klimov referenced above.

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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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4.

In order to give the parties sufficient time to complete the performative terms

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of the settlement reached on August 11, 2017, the parties request that the Court extend all

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of the remaining case deadlines except the pretrial conference and trial date by

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approximately 30 days.

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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:
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1.

The deadline for opening expert reports shall be October 26, 2017;

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2.

The deadline for rebuttal expert reports shall be November 8, 2017;

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The expert discovery cutoff shall be November 22, 2017; and

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4.

The last day dispositive motions may be heard shall be December 21, 2017.

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IT IS SO STIPULATED.

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

16 other Signatories.
17 Dated: August 31, 2017
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Respectfully submitted,

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By:

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/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]
15-cv-03449-EMC

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Dated: August 31, 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: August 31, 2017

Respectfully submitted,

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By:

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

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ORDER

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EDWARD M. RDERED
CHEN
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UnitedSStates District Judge
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9/12/17
Dated: ___________

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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UNIT
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STIPULATION/ORDER RE: EXTENSION OF DEADLINES [L.R. 6.1(a), 6-2]
15-cv-03449-EMC