Enertrode, Inc. v. General Capacitor Co. Ltd et al

Filing 120

ORDER by Judge Haywood S. Gilliam, Jr. Granting 118 Stipulation Re Modifying Scheduling Order. Designation of Experts due by 10/27/2017; Designation of Rebuttal Experts due by 11/29/2017; Close of Expert Discovery due by 12/29/2017. (ndrS, COURT STAFF) (Filed on 10/10/2017)

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(Counsel listed on Signature Page)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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In Re General Capacitor

CASE NO. 4:16-cv-02458 HSG
Consolidated with Case No. 17-cv-179 HSG

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STIPULATION AND [PROPOSED]
ORDER MODIFYING SCHEDULING
ORDER

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Pursuant to Civil Local Rule 7-12, Federal Rule of Civil Procedure 29, Enertrode, Inc.

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(“EnerTrode’) and Linda Zhong (“Zhong”) (together, “the Enertrode Parties”) and General

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Capacitor Co. Limited., Jianping Zheng aka Jim Zheng, General Capacitor International, Inc.,

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General Capacitor, LLC (together, “General Capacitor”) submit this stipulation to modify the

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current scheduling order to allow the parties time to try to resolve outstanding discovery issues.

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WHEREAS the parties have diligently engaged in substantial discovery to date;

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WHEREAS the parties have met and conferred in good faith on a number of discovery

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disputes, successfully resolving several of them;

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WHEREAS the parties continue to meet and confer in hope of resolving remaining

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discovery disputes and issues, including further document production and the drafting of a protocol

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governing computer forensics data collection;
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In Re General Capacitor
Case No. 16-CV- 2458 HSG

Stipulation and [Proposed] Order Re Modifying Scheduling Order

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WHEREAS the additional time to meet and confer would make it possible or more feasible

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to comply with the Magistrate’s Order re Discovery Procedures insofar as it requires of the meet

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and confer process, followed by the filing of a negotiated joint statement on all outstanding

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disputes, limited to five pages, before or in lieu of motions to compel;

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WHEREAS certain of the outstanding discovery issues may impact some of the parties'
expert witnesses' opinions and reports;

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WHEREAS pursuant to the current Scheduling Order (Dkt. No. 57), fact discovery closed

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on September 30, 2017 and, per Civil Local Rule 37-3, the deadline to file motions to compel

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discovery is tomorrow, October 7, 2017;

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WHEREAS, pursuant to the current Scheduling Order (Dkt. No. 57), the deadline for
parties to exchange opening expert reports is Sunday, October 15, 2017.

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WHEREAS it would save judicial and party resources to continue the deadline to file

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motions to compel and to commensurately continue expert deadlines, so as to potentially avoid

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discovery motion practice;

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WHEREAS a brief two-week continuance of the deadline to file motions to compel and the
expert witness deadlines would not affect any of the other case dates or deadlines; and

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WHEREAS, for the foregoing reasons, there is good cause to modify the scheduling order,

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NOW THEREFORE, the parties stipulate and request that the Scheduling Order be

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modified as follows:

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Litigation Event

Current Date

New Date

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Motion to Compel Discovery Deadline

October 7, 2017

October 20, 2017

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Exchange Opening Expert Reports

October 15, 2017

October 27, 2017

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Exchange Rebuttal Expert Reports

November 15, 2017

November 29, 2017

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Close of Expert Discovery

December 15, 2017

December 29, 2017

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All other dates remain the same.

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/////

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In Re General Capacitor
Case No. 16-CV- 2458 HSG

Stipulation and [Proposed] Order Re Modifying Scheduling Order

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IT IS SO STIPULATED.

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Dated: October 6, 2017
/s/ Perry J. Narancic

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Perry J. Narancic, SBN 206820
LEXANALYTICA, PC
2225 E. Bayshore Road, Suite 200
Palo Alto, CA 94303
www.lexanalytica.com
[e-mail]
Tel: [phone]

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Attorney for
GENERAL CAPACITOR CO.
LIMITED., JIANPING ZHENG aka
JIM ZHENG, GENERAL
CAPACITOR INTERNATIONAL,
INC., GENERAL CAPACITOR, LLC

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/s/ Michael W. Battin

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Michael W. Battin, SBN 183870
Navigato & Battin, LLP
755 West A Street, Suite 150
San Diego, CA 92101

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Attorney for ENERTRODE, INC. and
LINDA ZHONG

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In Re General Capacitor
Case No. 16-CV- 2458 HSG

Stipulation and [Proposed] Order Re Modifying Scheduling Order

ATTESTATION

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I, Perry J. Narancic, am the ECF user whose ID and password are being used to file this

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document. In compliance with Local Rule 5-1(i)(3), I hereby attest that all signatories hereto have

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concurred in this filing.

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Dated: October 6, 2017
/s/ Perry J. Narancic

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Perry J. Narancic, SBN 206820
LEXANALYTICA, PC
2225 E. Bayshore Road, Suite 200
Palo Alto, CA 94303
www.lexanalytica.com
[e-mail]
Tel: [phone]

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In Re General Capacitor
Case No. 16-CV- 2458 HSG

Stipulation and [Proposed] Order Re Modifying Scheduling Order

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[PROPOSED] ORDER
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GOOD CAUSE appearing therefore, the case Scheduling Order is hereby modified as
follows, and all other deadlines and dates remaining the same:

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Litigation Event

Current Date

New Date

Motion to Compel Discovery Deadline

October 7, 2017

October 20, 2017

Exchange Opening Expert Reports

October 15, 2017

October 27, 2017

Exchange Rebuttal Expert Reports

November 15, 2017

November 29, 2017

Close of Expert Discovery

December 15, 2017

December 29, 2017

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IT IS SO ORDERED.

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DATE: 10/10/2017
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By:

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_________________________________

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Hon. Haywood S. Gilliam, Jr.
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United States District Judge

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In Re General Capacitor
Case No. 16-CV- 2458 HSG

Stipulation and [Proposed] Order Re Modifying Scheduling Order