Actuate Corporation v. Construction Specialties Inc

Filing 21

ORDER Granting 20 Stipulation to Extend Time for Completion of Fact and Expert Discovery. Case Management Statement due by 2/16/2012. Further Case Management Conference set for 2/23/2012 02:00 PM. Motion Hearing set for 2/23/2012 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 10/20/2011. (ndr, COURT STAFF) (Filed on 10/20/2011)

LEE TRAN & LIANG APLC
James M. Lee (Bar No. 192301)
Daniel J. Taylor (Bar No. 241404)
2 601 S. Figueroa Street, Suite 4025
Los Angeles, CA 90017
3 Tel: [phone]
Fax: [phone]
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[e-mail]
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Attorneys for Plaintiff
6 Actuate Corporation
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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13 ACTUATE CORPORATION, a
California corporation,
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Plaintiff,
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v.

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CONSTRUCTION SPECIALTIES,
18 INC.; and DOES 1 through 10,
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Defendants.

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CASE NO.: CV 10-04444 CW
STIPULATION AND
[PROPOSED] ORDER TO
EXTEND TIME FOR
COMPLETION OF FACT AND
EXPERT DISCOVERY

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JOINT STIPULATION TO EXTEND TIME FOR COMPLETION OF FACT AND EXPERT DISCOVERY

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By this stipulation and order the parties to the above-captioned action

2 respectfully request that the fact and expert discovery deadlines on the case
3 schedule be extended for the reasons stated below.
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WHEREAS, the Court entered an order in the above-captioned matter on

5 February 15, 2011;
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WHEREAS, the Court, pursuant to the parties’ joint stipulation, ordered the

7 extension of various discovery-related deadlines on August 2, 2011;
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WHEREAS, pursuant to the Court’s order, fact discovery was to be completed

9 by October 21, 2011; initial and rebuttal expert reports were to be completed by
10 November 18, 2011 and December 2, 2011, respectively; and expert discovery was
11 to be completed by December 16, 2011;
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WHEREAS, the parties believe that additional fact discovery will be

13 necessary in order to complete depositions, which involve parties from numerous
14 states on the East and West Coasts, and investigate complex electronic data issues
15 in order to flesh out salient issues of the case and prepare for trial;
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WHEREAS, none of the extensions to discovery requested herein will alter

17 the trial date that is currently set on April 9, 2012, and therefore no prejudice will
18 result from these requested extensions;
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NOW THEREFORE, the parties hereby agree and stipulate to an extension of

20 time for the completion of fact and expert discovery, and respectfully request that
21 the Court grant:
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1) an extension of time for the completion of fact discovery from October 21,
2011 to January 13, 2012;

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2) an extension of the deadlines for initial and rebuttal expert reports from

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November 18, 2011 and December 2, 2011, respectively, to January 13,

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2012 and January 27, 2012; and

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3) an extension of time for completion of expert discovery from December

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-2JOINT STIPULATION TO EXTEND TIME FOR COMPLETION OF FACT AND EXPERT DISCOVERY

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16, 2011 to February 3, 2012; and
4) a continuance of the January 5, 2012 Case Management Conference and
last day to hear dispositive motions to February 23, 2012.

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DATED: October 12, 2011

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LEE TRAN & LIANG APLC
By: /s/ Daniel Taylor
James M. Lee
Daniel J. Taylor
Attorneys for Plaintiff
Actuate Corporation

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DATED: October 12, 2011

STARK & STARK

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By: /s/ Craig Hilliard
Craig Hilliard
Attorney for Defendant Construction
Specialties Inc.

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-3JOINT STIPULATION TO EXTEND TIME FOR COMPLETION OF FACT AND EXPERT DISCOVERY

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ORDER

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6 PURSUANT TO STIPULATION, IT IS SO ORDERED. The Court’s August 2,
7 2011 Order is modified as follows:
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1) The time for completion of fact discovery is extended to January 13, 2012;
2) The time for service of initial expert reports is extended to January 13,
2012;
3) The time for service of rebuttal expert reports is extended to January 27,
2012; and
4) The time for completion of expert discovery is extended to February 3,
2012.
5) The January 5, 2012 Case Management Conference and last day to hear
dispositive motions shall be continued to February 23, 2012.

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10/20/2011
19 DATED:____________________

_________________________________
Honorable Claudia Wilken

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-4JOINT STIPULATION TO EXTEND TIME FOR COMPLETION OF FACT AND EXPERT DISCOVERY

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DECLARATION OF CONSENT

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Pursuant to General Order No. 45, Section X(B) regarding signatures, I

3 attest under penalty of perjury that concurrence in the filing of this document has
4 been obtained from Craig Hilliard.
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7 DATED: October 12, 2011
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LEE TRAN & LIANG APLC
By: /s/ Daniel Taylor
James M. Lee
Daniel J. Taylor
Attorneys for Plaintiff
Actuate Corporation

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-5JOINT STIPULATION TO EXTEND TIME FOR COMPLETION OF FACT AND EXPERT DISCOVERY