Moletech Global Hong Kong Ltd v. Pojery Trading Co et al

Filing 48

STIPULATION AND ORDER CHANGING TIME FOR INITIAL DISCLOSURES. Signed by Judge ARMSTRONG on 5/4/09. (lrc, COURT STAFF) (Filed on 5/5/2009)

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YITAI HU (Bar No. 248085) ELIZABETH H. RADER (Bar No. 184963) ELIZABETH A. FIERMAN (Bar No. 231474) ALSTON & BIRD LLP Two Palo Alto Square Suite 400 Palo Alto, CA 94306-2112 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff MOLETECH GLOBAL HONG KONG LTD UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION MOLETECH GLOBAL HONG KONG LTD Organized and Incorporated Under The Laws Of Hong Kong Plaintiff, vs. POJERY TRADING CO. of Taiwan, and POTTERY TRADING USA, a California Corporation,

Case No. 4:09-cv-00027-SBA
STIPULATED REQUEST FOR ORDER CHANGING TIME FOR RULE 26(a) INITIAL DISCLOSURES [L.R. 6-2] Hon. Saundra Brown Armstrong Date: n/a Time: n/a Ctrm: n/a DEMAND FOR JURY TRIAL

Defendants.
POJERY TRADING CO. LTD.; POTTERY TRADING USA, INC., Counterclaimants, v. MOLETECH GLOBAL HONG KONG LTD.; MTECH FUEL SAVER, INC.; ANDREW KELLY, Counter-Defendants.

STIPULATED REQUEST FOR ORDER CHANGING TIME & [PROPOSED] ORDER

CASE NO. 4:09-cv-00027-SBA

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WHEREAS Defendants' Counterclaim ("Counter-Complaint," Dkt. 40) has been served on Plaintiff Moletech Global but not on Counter-Defendants Mtech Fuel Saver and Andrew Kelly; WHEREAS the deadline to complete initial disclosures under Fed. R. Civ. P. 26(a) was set for 4/28/2009 by the Court's Order Setting Initial Case Management Conference and ADR Deadlines (Dkt. 2); WHEREAS the Initial CMC was originally set for 5/5/2009 by the same Order (Dkt. 2), was then extended to 5/6/2009 by the Court's Case management Scheduling Order For Reassigned Civil Cases (Dkt. 9), and was then further extended to 6/9/2009 by the Clerk's Notice dated April 28, 2009

9 (Dkt. 46); 10 WHEREAS the parties are attempting to meet in person to negotiate early settlement and wish

11 to minimize litigation expenditures associated with producing and exchanging initial disclosures; 12 13 WHEREAS the schedule for this case would not be affected by extending the deadline to complete initial disclosures to the default deadline provided in Fed. R. Civ. P. 26(a)(1)(C) -- i.e., 14

14 days after the Initial CMC; 15 16 WHEREAS Plaintiff Moletech Global and Defendants Pojery and Pottery, acting through their counsel, have negotiated a compromise that July 30, 2009 is an appropriate deadline by which to

17 complete Court-ordered ADR; 18 19 20 21 22 23 24 25 26 27 28
STIPULATED REQUEST FOR ORDER CHANGING TIME & [PROPOSED] ORDER CASE NO. 4:09-cv-00027-SBA

The parties therefore stipulate and ask the Court to order as follows: 1. The deadline to complete initial disclosures under Fed. R. Civ. P. 26(a) shall be governed by the default rule provided in Fed. R. Civ. P. 26(a)(1)(C). 2. The deadline to complete Court-ordered ADR is July 30, 2009.

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Dated: April 30, 2009

Respectfully submitted ALSTON & BIRD LLP Two Palo Alto Square Suite 400 Palo Alto, CA 94306-2112 Telephone: [phone] Facsimile: [phone] By: __/s/ Elizabeth Rader____ Elizabeth H. Rader _____

Attorneys for Plaintiff MOLETECH GLOBAL HONG KONG LTD

James Cai SCHEIN & CAI LLP 111 W. Saint John Street Suite 1250 San Jose, CA 95113 Telephone: [phone] Facsimile: [phone] By: __/s/ James Cai___ _________

Attorneys for Defendants POJERY TRADING CO. of Taiwan, and POTTERY TRADING USA, a California Corporation.

STIPULATED REQUEST FOR ORDER CHANGING TIME & [PROPOSED] ORDER

CASE NO. 4:09-cv-00027-SBA

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ORDER

Having considered the above stipulation, the Court finds that there is good cause to reset the

4 following dates and it is hereby ORDERED as follows: 5 6 7 8 9 10 11 12 Dated: 5/4/09 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATED REQUEST FOR ORDER CHANGING TIME & [PROPOSED] ORDER CASE NO. 4:09-cv-00027-SBA

1.

The deadline to complete initial disclosures under Fed. R. Civ. P. 26(a) shall be governed by the default rule provided in Fed. R. Civ. P. 26(a)(1)(C).

2.

The deadline to complete Court-ordered ADR is July 30, 2009.

IT IS SO ORDERED.

_____________________________________ Saundra B. Armstrong UNITED STATES DISTRICT JUDGE

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STIPULATED REQUEST FOR ORDER CHANGING TIME & [PROPOSED] ORDER

FILER'S ATTESTATION Pursuant to General Order No. 45, Section X (B) regarding signatures, I, Elizabeth H. Rader, attest that concurrence in the filing of this document has been obtained. __/s/ Elizabeth Rader_________ Elizabeth H. Rader

CERTIFICATE OF SERVICE I certify that all counsel of record are being served on April 30, 2009 with a copy of this via the Court's CM/ECF system.

Jimmy C.K. Wang, Esq. James Cai, Esq. By:

[e-mail] [e-mail] /s/ Elizabeth H. Rader__________ Elizabeth H. Rader

Attorneys for Plaintiff

MOLETECH GLOBAL HONG KONG LTD

CASE NO. 4:09-cv-00027-SBA

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