Assurance Industries Company, Inc. v. Snag, Inc. et al

Filing 104

ORDER by Judge Saundra Brown Armstrong GRANTING 93 Motion to Vacate Trial Date and to Reopen Discovery. Discovery is reopened for the limited purpose of allowing parties to depose Mark Liu. The Pretrial Conference is CONTINUED to 01/22/13 at 1:00 PM. The five to eight day Jury Trial is CONTINUED to 02/11/13 at 8:30 AM. The parties shall not file any pretrial documents without prior leave of Court. Case referred to Magistrate Judge Elizabeth D. Laporte for further Settlement Conference to take place in December 2012 or January 2013. All other dates and deadlines set forth in Order of Pretrial Preparation, shall remain unchanged. Signed by Judge Saundra Brown Armstrong, on 08/29/12 (jlm, COURT STAFF) (Filed on 8/29/2012)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 OAKLAND DIVISION 9 10 ASSURANCE INDUSTRIES COMPANY, Case No: C 10-1718 SBA 11 INC., a California corporation, Plaintiff, 12 13 ORDER GRANTING PLAINTIFF’S MOTION TO VACATE TRIAL DATE AND REOPEN DISCOVERY vs. Dkt. 96 14 SNAG, INC., a Florida corporation; TERENCE ANTON, an individual and 15 resident of Oklahoma; WALTER E. ARMSTRONG III, an individual and resident 16 of Florida; PLAYER DEVELOPMENT PRODUCTS, LLC, a Florida limited liability 17 company; and DOES 1 through 100, 18 Defendants. 19 20 Plaintiff has filed Motion to Vacate Trial Date and Reopen Discovery in which it 21 seeks to continue the trial date by six months so that it can take the deposition of Mark Liu. 22 Dkt. 96, 102. Though Defendants originally opposed Plaintiff’s motion, they have since 23 withdrawn their opposition. Dkt. 100, 103. Based on Defendants’ non-opposition, and 24 finding good cause to modify the Court’s pretrial scheduling order, the Court grants 25 Plaintiff’s motion. However, the Court finds that a continuance of six months to complete 26 a single deposition is excessive. The Court therefore limits the time period to complete the 27 deposition as set forth below. Accordingly, 28 1 IT IS HEREBY ORDERED THAT: 2 1. Plaintiff’s Motion to Vacate Trial Date and Reopen Discovery is GRANTED. 3 2. Discovery is reopened for the limited purpose of allowing the parties to 4 depose Mark Liu. The parties shall forthwith meet and confer regarding the timing and 5 location of Mr. Liu’s deposition. If the parties are unable to reach an agreement, they shall 6 submit their dispute to the assigned discovery magistrate. The deposition and any court 7 proceedings related to the deposition shall be completed within ninety (90) days of the date 8 this Order is filed. 9 10 11 12 13 14 15 16 17 18 19 20 3. The pretrial conference scheduled for September 4, 2012 is CONTINUED to January 22, 2013 at 1:00 p.m. 4. The five to eight day jury trial scheduled for September 10, 2012 is CONTINUED to February 11, 2013 at 8:30 a.m. 5. The parties shall not file any additional pretrial documents without prior leave of Court. Any documents filed without leave of Court may be stricken from the record. 6. This matter is referred to Magistrate Judge Elizabeth Laporte for a further, mandatory settlement conference to take place in December 2012 or January 2013. 7. All other dates and deadlines set forth in the Order for Pretrial Preparation, Dkt. 71, shall remain unchanged. IT IS SO ORDERED. Dated: August 29, 2012 ______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 21 22 23 24 25 26 27 28 -2-

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