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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 SONG FI, INC., JOSEPH N. BROTHERTON, LISA M. PELLEGRINO, N.G.B., RASTA ROCK, INC., 6 Plaintiffs, 7 8 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, 9 10 No. C 14-5080 CW Defendants. ________________________________/ 11 12 Plaintiffs file this administrative motion for a three-week 13 extension of time to file the report of their chief damages 14 expert. 15 R. Civ. P. 16(b)(4). 16 diligence of the moving party.” Noyes v. Kelly Servs., 488 F.3d 17 1163, 1174 n.6 (9th Cir. 2007). Plaintiffs indicate that their 18 damages expert has not received documents on which he seeks to 19 base his expert report and that as a consequence he refused to 20 file his expert report by the deadline set by the Court. 21 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, 22 in an abundance of caution and due to the drastic consequences of 23 being denied a damages expert, the Court grants the requested 24 relief. 25 weeks of the deadline established in the Court’s scheduling order. 26 Thus the new deadline is November 7. 27 be granted without new and extraordinary good cause. 28 notes that the extension requested will not provide Plaintiffs Plaintiffs may file an expert damages report within three No further extensions will The Court 1 with sufficient time to file a belated motion to compel discovery 2 of the documents sought by Plaintiffs’ damages expert from 3 Defendants. 4 expert is shortened as proposed in Plaintiffs’ motion. 5 6 7 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. 8 9 United States District Court For the Northern District of California 10 Dated: October 31, 2016 CLAUDIA WILKEN United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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