Restoration Hardware, Inc. et al v. Houzz Inc.

Filing 43

ORDER GRANTING STIPULATED REQUEST TO EXTEND CERTAIN PRETRIAL DATES. Fact discovery cutoff is 12/16/16. Opening expert reports due 12/31/16. Rebuttal expert reports due 1/27/17. Expert discovery cutoff is 2/13/17. Dispositive motion deadline is 3/10/17. Last date for hearing on any dispositive motion is 4/14/17. Further status conference remains set for 5/5/17. Pretrial conference remains set for 6/6/17. Trial remains set for 7/10/17. Signed by Judge Maxine M. Chesney on 10/28/16. (mmclc2, COURT STAFF) (Filed on 10/28/2016)

1
2
3
4
5
6
7

JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ANNA FERRARI (CA SBN 261579)
[e-mail]
SABRINA A. LARSON (CA SBN 291661)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone:
415.268.7000
Facsimile:
415.268.7522
Attorneys for Plaintiffs
RESTORATION HARDWARE, INC. and RH US, LLC

8
9
10
11
12

JENNIFER A. GOLINVEAUX
[e-mail]
DIANA H. LEIDEN
[e-mail]
WINSTON & STRAWN LLP
101 California Street
San Francisco, CA 94111-5840
Telephone:
415.591.1506
Facsimile:
415.591.1400

13
14

Attorneys for Defendant
HOUZZ INC.

15

UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA

17

SAN FRANCISCO DIVISION

18
19

RESTORATION HARDWARE, INC. and
RH US, LLC,

20
Plaintiffs,
21
v.

Case No. 4:16-cv-00455-MMC
JOINT STIPULATED REQUEST
TO EXTEND CERTAIN
PRETRIAL DATES AND
[PROPOSED] ORDER

22
HOUZZ INC.,
23
Defendant.
24

Hon. Maxine M. Chesney
Complaint Filed: January 26, 2016
Trial Date: July 10, 2017

25
26
27
28
JOINT STIPULATED REQUEST TO EXTEND PRETRIAL DATES AND [PROP] ORDER
CASE NO. 4:16-CV-00455
sf-3708440

1

Plaintiffs Restoration Hardware, Inc. and RH US, LLC (“Plaintiffs”) and Defendant

2

Houzz Inc. (“Defendant”) stipulate and respectfully request the Court to extend certain dates in

3

the schedule set by the Court in its Pretrial Preparation Order (Dkt. No. 27) and in its Order to

4

Extend Certain Pretrial Dates (Dkt. No 41). In support of their request, the parties state as

5

follows:

6
7

WHEREAS, the parties appeared before this Court for a scheduling conference on May 6,
2016;

8

WHEREAS, the Court set certain dates for the parties’ pretrial schedule;

9

WHEREAS, the parties have held on-going discussions regarding settlement and attended

10
11
12
13
14
15
16

a mediation on September 15, 2016 to discuss settlement;
WHEREAS, the parties stipulated to extend certain pretrial dates and the Court granted
the extension on September 22, 2016 (Dkt. No. 41);
WHEREAS, since that time the parties have continued to discuss settlement and have
agreed to arrange a second session with a private mediator;
WHEREAS, due to scheduling conflicts the parties cannot hold this mediation session
until later in November;

17

WHEREAS, the parties are actively engaged in discovery;

18

WHEREAS, the parties have agreed to extend certain pretrial dates to permit the parties to

19

engage in further settlement discussions with a private mediator and, if necessary, to complete

20

fact and expert discovery; and

21

WHEREAS, there have been three previous extensions of time in this matter extending

22

(i) Defendant’s time to answer (Dkt. No. 10), (ii) the Parties’ deadline by which to complete

23

mediation (Dkt. No. 31), and (iii) certain pretrial dates (Dkt. No. 41) and the stipulated extension

24

does not affect the scheduled trial date,

25
26

Based on the foregoing, the parties stipulate and respectfully request that this Court extend
certain pretrial dates as follows:

27
28
JOINT STIPULATED REQUEST TO EXTEND PRETRIAL DATES AND [PROP] ORDER
CASE NO. 4:16-CV-00455
sf-3708440

1

1

Event

Current

Proposed

2

Fact discovery cut off

December 2, 2016

December 16, 2016

3

Opening expert report

December 16, 2016

December 31, 2016

4

Rebuttal expert report

January 13, 2017

January 27, 2017

5

Expert discovery cut off

February 6, 2017

February 13, 2017

6

Dispositive motion deadline
Last day for dispositive
motion hearing (35 days after
dispositive motion deadline)
Further Status Conference

March 3, 2017

March 10, 2017

April 7, 2017

April 14, 2017

May 5, 2017

May 5, 2017

Pretrial Conference

June 6, 2017

June 6, 2017

Trial

July 10, 2017

July 10, 2017

7
8
9
10
11
12
13

Dated: October 28, 2016

14

JENNIFER LEE TAYLOR
ANNA FERRARI
SABRINA A. LARSON
MORRISON & FOERSTER LLP

15
16

By:

17

Attorneys for Plaintiffs
RESTORATION HARDWARE, INC.
and RH US, LLC

18
19
20

s/ Jennifer Lee Taylor
JENNIFER LEE TAYLOR

Dated: October 28, 2016

JENNIFER A. GOLINVEAUX
WINSTON & STRAWN LLP

21
22
23
24

By:

s/ Jennifer A. Golinveaux
JENNIFER A. GOLINVEAUX
Attorneys for Defendant
HOUZZ INC.

25
26
27
28
JOINT STIPULATED REQUEST TO EXTEND PRETRIAL DATES AND [PROP] ORDER
CASE NO. 4:16-CV-00455
sf-3708440

2

1

ATTESTATION

2

I, Jennifer Lee Taylor, am the ECF user whose ID and password are being used to file this

3

Joint Stipulation to Extend Time to Respond to Complaint. In compliance with Civil Local

4

Rule 5-1(i)(3), I hereby attest that Jennifer A. Golinveaux has concurred in this filing.

5
6
7

Dated: October 28, 2016

JENNIFER LEE TAYLOR
ANNA FERRARI
SABRINA A. LARSON
MORRISON & FOERSTER LLP

8
9
10
11
12

By:

s/ Jennifer Lee Taylor
JENNIFER LEE TAYLOR
Attorneys for Plaintiffs
RESTORATION HARDWARE, INC.
and RH US, LLC

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATED REQUEST TO EXTEND PRETRIAL DATES AND [PROP] ORDER
CASE NO. 4:16-CV-00455
sf-3708440

3

1
2

[PROPOSED] ORDER EXTENDING DATES
The Parties’ stipulated request to extend certain pretrial deadlines is hereby GRANTED:

3
4
Event

5

New Date

7
8
9
10
11
12
13
14

Fact discovery cut off

December 16, 2016

Opening expert report

December 31, 2016

Rebuttal expert report

6

January 27, 2017

Expert discovery cut off

February 13, 2017

Dispositive motion deadline
Last day for dispositive motion hearing
(35 days after dispositive motion
deadline)
Further Status Conference

March 10, 2017

Pretrial Conference
Trial

April 14, 2017
May 5, 2017
June 6, 2017 (meet and confer
by May 1, 2017)
July 10, 2017

15
16
17
18
19
20

IT IS SO ORDERED.
October 28, 2016
Dated:____________________

______________________________
Hon. Maxine M. Chesney
United States District Judge

21
22
23
24
25
26
27
28
JOINT STIPULATED REQUEST TO EXTEND PRETRIAL DATES AND [PROP] ORDER
CASE NO. 4:16-CV-00455
sf-3708440

4