SONG FI, INC. v. GOOGLE, INC. et al

Filing 150

ORDER by Judge Claudia Wilken granting 148 Administrative Motion for Extension of Time to File Expert Report. Plaintiff's Expert Damages Report due 11/7/2016. Defendant's Expert Damages Report due 12/7/2016. Plaintiffs Rebuttal due 12/21/2016. (fs, COURT STAFF) (Filed on 10/31/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SONG FI, INC., JOSEPH N.
BROTHERTON, LISA M. PELLEGRINO,
N.G.B., RASTA ROCK, INC.,

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Plaintiffs,

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United States District Court
For the Northern District of California

ORDER GRANTING
ADMINISTRATIVE
MOTION FOR
EXTENSION OF TIME
TO FILE EXPERT
REPORT

v.
GOOGLE, INC., YOUTUBE LLC,

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No. C 14-5080 CW

Defendants.
________________________________/

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Plaintiffs file this administrative motion for a three-week

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extension of time to file the report of their chief damages

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expert.

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R. Civ. P. 16(b)(4).

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diligence of the moving party.”

Noyes v. Kelly Servs., 488 F.3d

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1163, 1174 n.6 (9th Cir. 2007).

Plaintiffs indicate that their

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damages expert has not received documents on which he seeks to

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base his expert report and that as a consequence he refused to

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file his expert report by the deadline set by the Court.

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Plaintiffs must show good cause for an extension.

Fed.

This inquiry “focuses on the reasonable

Plaintiff’s proffered showing of good cause is weak; however,

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in an abundance of caution and due to the drastic consequences of

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being denied a damages expert, the Court grants the requested

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relief.

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weeks of the deadline established in the Court’s scheduling order.

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Thus the new deadline is November 7.

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be granted without new and extraordinary good cause.

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notes that the extension requested will not provide Plaintiffs

Plaintiffs may file an expert damages report within three

No further extensions will
The Court

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with sufficient time to file a belated motion to compel discovery

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of the documents sought by Plaintiffs’ damages expert from

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Defendants.

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expert is shortened as proposed in Plaintiffs’ motion.

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Finally, Plaintiffs’ deadline to designate a rebuttal

For the foregoing reasons and subject to the foregoing
conditions, Plaintiffs’ administrative motion is GRANTED.
IT IS SO ORDERED.

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United States District Court
For the Northern District of California

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Dated: October 31, 2016
CLAUDIA WILKEN
United States District Judge

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