Exeltis USA Inc. v. First Databank, Inc.

Filing 122

ORDER by Judge Haywood S. Gilliam, Jr. Granting 121 Stipulation Regarding Schedule.Designation of Experts due by 5/3/2019; Designation of Rebuttal Experts due by 5/17/2019; Close of Expert Discovery due by 5/31/2019 and Motions due by 6/12/2019. (ndrS, COURT STAFF) (Filed on 1/22/2019)

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Ryan M. Sandrock (SBN 251781)
[e-mail]
SIDLEY AUSTIN LLP
555 California Street
Suite 2000
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

Thomas R. Burke (SBN 141930)
[e-mail]
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, CA 94111-6533
Telephone: [phone]
Facsimile: + 1 415 276-6599

Richard D. Raskin (pro hac vice)
[e-mail]
SIDLEY AUSTIN LLP
One South Dearborn
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: [phone]

Jonathan R. Donnellan (pro hac vice)
[e-mail]
Ravi V. Sitwala (pro hac vice)
[e-mail]
THE HEARST CORPORATION
300 West 57th Street
New York, New York 10019
Telephone: [phone]
Facsimile: [phone]

Benjamin M. Mundel (pro hac vice)
[e-mail]
Daniel J. Hay (pro hac vice)
[e-mail]
SIDLEY AUSTIN LLP
1501 K St NW
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendant
FIRST DATABANK, INC.

Attorneys for Plaintiff
EXELTIS USA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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EXELTIS USA, INC., a New Jersey Corporation,

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Plaintiff,

Case No. 4:17-cv-04810-HSG
STIPULATION AND ORDER
REGARDING SCHEDULE

v.
FIRST DATABANK, INC., a Missouri
Corporation,
Defendant.

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STIPULATION AND ORDER RE: BRIEFING SCHEDULE
CASE NO. 4:17-cv-04810-HSG

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Pursuant to Local Rules 6-2 and 7-12, the parties hereby stipulate to the following:

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Pursuant to stipulation, the Court entered a discovery schedule on May 1, 2018. Pursuant to

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stipulation the Court entered an amended discovery schedule on July 27, 2018. Pursuant to

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stipulation, on October 17, 2018, the Court entered a revised scheduling order with fact discovery to

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complete by January 15, 2019. Prior to this cut-off date, the parties agreed to permit fact depositions

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to take place beyond the deadline and have since schedule depositions. Depositions are currently

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scheduled to take place through March 22, 2019, with a few additional depositions (including both

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Parties’ Rule 30(b)(6) depositions and Defendant employee depositions) yet to be scheduled.

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Since the Court entered the scheduling order, First Databank announced that it would further

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delay implementation of its plan to recode the products at issue in this case until October 1, 2019.

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As a result, the exigency requiring the accelerated schedule proposed in October has lessened

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slightly, and the parties are amenable to a short extension of the schedule.

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The Parties have met and conferred about the current schedule and hereby stipulate to, and
ask the Court to enter, the following revisions to the scheduling order:

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Event

Current Date

Proposed Date

Fact Depositions

November 26, 2018, to
January 15, 2019

November 26, 2018, to April
5, 2019

Expert Disclosures

February 15, 2019

May 3, 2019

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Rebuttal Expert Disclosures

March 5, 2019

May 17, 2019

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Close of Expert Discovery

March 15, 2019

May 31, 2019

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Summary Judgment Motions

March 22, 2019

June 12, 2019

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STIPULATION AND ORDER RE: BRIEFING SCHEDULE
CASE NO. 4:17-cv-04810-HSG

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DATED: January 18, 2019
Respectfully submitted,

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By: /s/Ravi v. Sitwala_____________
Ravi V. Sitwala (pro hac vice)
THE HEARST CORPORATION
300 West 57th Street
New York, New York 10019
Telephone: [phone]
Facsimile: [phone]

By: /s/ Benjamin M. Mundel
Benjamin M. Mundel (pro hac vice)
SIDLEY AUSTIN LLP
1501 K St NW
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
Attorney for Exeltis USA, Inc.

Attorney for First Databank, Inc.

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SIGNATURE ATTESTATION
I am the ECF User whose identification and password are being used to file the foregoing

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Stipulation and [Proposed] Order Regarding Briefing Schedule. In compliance with Local Rule 5-

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1(i)(3), I hereby attest that the other signatories have concurred in this filing.

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DATED: January 18, 2019

SIDLEY AUSTIN LLP

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By: /s/ Benjamin M. Mundel
Benjamin M. Mundel
Attorney for Exeltis USA, Inc.

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STIPULATION AND ORDER RE: BRIEFING SCHEDULE
CASE NO. 4:17-cv-04810-HSG

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ORDER

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Pursuant to the foregoing stipulation of the parties and good cause appearing, it is hereby

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ORDERED as followed:

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1.

The above stipulation is GRANTED.

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2.

The Court ORDERS the following schedule:

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Event

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Proposed Date

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Fact Depositions

November 26, 2018, to April 5, 2019

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Expert Disclosures

May 3, 2019

Rebuttal Expert Disclosures

May 17, 2019

Close of Expert Discovery

May 31, 2019

Summary Judgment Motions

June 12, 2019

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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Dated: January 22, 2019

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

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ORDER RE: BRIEFING SCHEDULE
CASE NO. 4:17-cv-04810-HSG