Optrics Inc v. Barracuda Networks Inc

Filing 188

STIPULATION AND ORDER RE 186 Amending Scheduling Order AS MODIFIED BY THE COURT. Jury Selection/Trial set for 11/2/2020 at 09:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Pretrial Conference set for 10/21/2020 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 1/21/2020. (cl, COURT STAFF) (Filed on 1/21/2020)

1 RIMON, P.C.
Karineh Khachatourian (SBN 202634)
2 [e-mail]
Phillip K. Wang (SBN 186712)
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[e-mail]
4 Nikolaus A. Woloszczuk (SBN 286633)
[e-mail]
5 2479 E. Bayshore Road, Suite 210
Palo Alto, CA 94303
6 Telephone: [phone]
7 Facsimile: [phone]
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Attorneys for Defendant,
BARRACUDA NETWORKS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Plaintiff,

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Case No. 17-cv-04977-RS

OPTRICS INC.,

v.

STIPULATION AND AMENDED
SCHEDULING ORDER AS
MODIFIED BY THE COURT

17 BARRACUDA NETWORKS, INC., a Delaware
Corporation, and DOES 1 through 10, inclusive,
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Defendant.

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STIPULATION AND [PROPOSED] AMENDED SCHEDULING ORDER; CASE NO. 17-CV-04977-RS

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Pursuant to Civil Local Rule 7-12, Plaintiff Optrics Inc. (“Optrics” or “Plaintiff”) and

2 Defendant Barracuda Networks, Inc. (“Barracuda” or “Defendant”) (collectively “Parties”), by
3 and through their undersigned counsel, hereby state and stipulate as follows (the “Stipulation”):
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WHEREAS, there have been three scheduling modifications since the Court entered the

5 Case Management Scheduling Order on August 30, 2018 (D.I. 72);
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WHEREAS, on January 6, 2020, (D.I. 167), the Court issued its Order Granting Motion to

7 Modify Scheduling Order (“Scheduling Order”) as to the deadlines for the completion of non8 expert discovery, the designation and exchange of expert reports, the completion of expert
9 discovery, the dispositive motion hearing deadline, the pretrial conference, and trial;
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WHEREAS, under the Scheduling Order, Optrics is required to designate its expert(s) and

11 serve its opening/affirmative expert report(s) by March 31;
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WHEREAS, under the Scheduling Order, Barracuda is required to designate its rebuttal

13 expert(s) and serve its rebuttal expert report(s) by April 20;
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WHEREAS, after entry of the Scheduling Order, Barracuda learned for the first time on

15 January 14, 2020 that its expert witness has a long-planned, pre-paid personal trip out of the
16 country from March 28 to April 12;
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WHEREAS, Barracuda’s expert will be unavailable to work on this matter when Optrics

18 serves its opening/affirmative expert report on March 31, and will not be available until April 13
19 at the earliest to review and analyze the opening/affirmative expert report and to prepare a
20 rebuttal expert report that is due on April 20;
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NOW, THEREFORE, the Parties hereby jointly request the modified schedule as set forth

22 below:
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Proposed Revised Schedule
Description

Current Date from Court’s
Scheduling Order

Parties’ Proposed Date

Completion of Non-Expert
Discovery

2/20/2020

No change

Designation of Experts and
Opening/Affirmative Expert

3/31/2020

4/7/2020

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STIPULATION AND [PROPOSED] AMENDED SCHEDULING ORDER; CASE NO. 17-CV-04977-RS

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Reports

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Designation of Rebuttal
Experts and Rebuttal Expert
Reports

4/20/2020

5/20/2020

Completion of Expert
Discovery

5/1/2020

6/1/2020

Dispositive Motion Hearing

7/16/2020

8/13/2020

Final Pretrial Conference

9/23/2020

10/21/2020

Trial

10/5/2020

11/2/2020

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IT IS STIPULATED AND AGREED, by and between Plaintiff and Defendant, by and

12 through their respective undersigned attorneys, as to the above.
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Respectfully submitted,

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LAW OFFICES OF HERBERT L.
TERRERI, APC

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Dated: January 21, 2020

By:

/s/ Herbert L. Terreri
Herbert L. Terreri
Grace Neibaron

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Attorneys for Plaintiff,
OPTRICS INC.

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RIMON, P.C.

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Dated: January 21, 2020

/s/ Karineh Khachatourian
Karineh Khachatourian
Phillip K. Wang
Nikolaus A. Woloszczuk

By:

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Attorneys for Defendant,
BARRACUDA NETWORKS, INC.

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STIPULATION AND [PROPOSED] AMENDED SCHEDULING ORDER; CASE NO. 17-CV-04977-RS

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ORDER [AS MODIFIED BY THE COURT]

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Pursuant to the Parties’ stipulation, and for good cause shown, the Court orders that

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1.

The disclosure and discovery of expert witnesses shall proceed as follows:

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a. On or before April 7, 2020, the Parties shall designate experts and submit

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opening/affirmative expert reports in accordance with Federal Rule of

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Civil Procedure 26(a)(2).

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b. On or before May 20, 2020, the Parties shall designate their rebuttal

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experts and submit rebuttal expert reports in accordance with Federal Rule

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of Civil Procedure 26(a)(2).

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c. On or before June 1, 2020, all discovery of expert witnesses pursuant to

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Federal Rule of Civil Procedure 26(b)(4) shall be completed.

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2.

The Dispositive Motion Hearing will be set for August 13, 2020.

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3.

The Final Pretrial Conference will be set for October 21, 2020 at 10:00 am.

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4.

Jury Selection/Trial is set for November 2, 2020 at 9:00 am.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: January 21, 2020

By:

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The Honorable Richard Seeborg

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STIPULATION AND [PROPOSED] AMENDED SCHEDULING ORDER; CASE NO. 17-CV-04977-RS