Exeltis USA Inc. v. First Databank, Inc.
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. Granting 154 Stipulation Regarding Schedule. Designation of Experts due by 5/17/2019; Designation of Rebuttal Experts due by 5/28/2019; Close of Expert Discovery due by 6/12/2019; Motions due by 6/21/2019; Replies due by 8/9/2019; and Responses due by 7/26/2019. (ndrS, COURT STAFF) (Filed on 3/22/2019)
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Ryan M. Sandrock (SBN 251781)
rsandrock@sidley.com
SIDLEY AUSTIN LLP
555 California Street
Suite 2000
San Francisco, CA 94104
Telephone: +1 415 772 1200
Facsimile: +1 415 772 7400
Thomas R. Burke (SBN 141930)
thomasburke@dwt.com
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, CA 94111-6533
Telephone: +1 415 276-6500
Facsimile: + 1 415 276-6599
Richard D. Raskin (pro hac vice)
rraskin@sidley.com
SIDLEY AUSTIN LLP
One South Dearborn
Chicago, Illinois 60603
Telephone: +1 312 853 7000
Facsimile: +1 312 853 7036
Jonathan R. Donnellan (pro hac vice)
THE HEARST CORPORATION
300 West 57th Street
New York, New York 10019
Telephone: +1 212 649 2020
Facsimile: +1 212 649 2035
Benjamin M. Mundel (pro hac vice)
bmundel@sidley.com
Jacquelyn E. Fradette (pro hac vice)
jfradette@sidley.com
Daniel J. Hay (pro hac vice)
dhay@sidley.com
SIDLEY AUSTIN LLP
1501 K St NW
Washington, DC 20005
Telephone: +1 202 736 8157
Facsimile: +1 202 736 8711
Ravi V. Sitwala (pro hac vice)
THE HEARST CORPORATION
300 West 57th Street
New York, New York 10019
Telephone: +1 212 649 2006
Facsimile: +1 646 280 2006
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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Case No. 4:17-cv-04810-HSG-SK
STIPULATION AND ORDER
REGARDING SCHEDULE
Plaintiff,
v.
FIRST DATABANK, INC., a Missouri
Corporation,
Defendant.
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STIPULATION AND ORDER RE: SCHEDULE
CASE NO. 4:17-cv-04810-HSG-SK
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Pursuant to Local Rules 6-2 and 7-12, the parties hereby stipulate to the following:
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On February 8, 2019, the parties filed a joint discovery letter with Magistrate Judge Kim
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regarding Exeltis’s request for First Databank to add additional custodians and search terms to its
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discovery protocol. ECF 133. Following a hearing, Judge Kim granted Exeltis’s request in part and
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ordered First Databank to review and produce documents from three additional custodians. ECF
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144. Pursuant to Judge Kim’s order, the parties have agreed on a schedule for First Databank to
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produce documents from these additional custodians; specifically, First Databank has agreed to
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make rolling production of documents to be completed by April 15. As a result of these
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supplemental productions, it became necessary to reschedule certain depositions of First Databank
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employees. Those depositions are now scheduled and will be completed by May 1.
In light of the slight enlargement of time necessary to complete fact depositions, the parties
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respectfully request that the Court enter the attached order setting forth the following revised
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discovery and briefing schedule:
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Event
Current Date
Proposed Date
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Initial Expert Disclosures
May 3, 2019
May 17, 2019
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Rebuttal Expert Disclosures
May 17, 2019
May 28, 2019
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Close of Expert Discovery
May 31, 2019
June 12, 2019
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Summary Judgment Motions
June 12, 2019
June 21, 2019
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Summary Judgment Oppositions
[Unscheduled]
July 26, 2019
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Summary Judgment Replies
[Unscheduled]
August 9, 2019
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On May 1, 2018, the Court entered a stipulated discovery schedule. See ECF 82. Pursuant to
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stipulations, the Court has entered amended discovery schedules on July 27, 2018; October 17, 2018;
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and January 22, 2019. See ECF 86, 111, 122.
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DATED: March 21, 2019
Respectfully submitted,
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By: /s/Ravi v. Sitwala_____________
Attorney for First Databank, Inc.
By: /s/ Benjamin M. Mundel
Attorney for Exeltis USA, Inc.
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STIPULATION AND ORDER RE: SCHEDULE
CASE NO. 4:17-cv-04810-HSG-SK
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SIGNATURE ATTESTATION
I am the ECF User whose identification and password are being used to file the foregoing
Stipulation and [Proposed] Order Regarding Briefing Schedule. In compliance with Local Rule 51(i)(3), I hereby attest that the other signatories have concurred in this filing.
DATED: March 21, 2019
SIDLEY AUSTIN LLP
By: /s/ Benjamin M. Mundel
Benjamin M. Mundel
Attorney for Exeltis USA, Inc.
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STIPULATION AND ORDER RE: SCHEDULE
CASE NO. 4:17-cv-04810-HSG-SK
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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
Proposed Date
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Initial Expert Disclosures
May 17, 2019
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Rebuttal Expert Disclosures
May 28, 2019
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Close of Expert Discovery
June 12, 2019
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Summary Judgment Motions
June 21, 2019
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Summary Judgment Oppositions
July 26, 2019
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Summary Judgment Replies
August 9, 2019
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PURSUANT TO STIPULATION, IT IS SO ORDERED
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Dated: March 22, 2019
_________________________________
Hon. Haywood S. Gilliam, Jr.
United States District Judge
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ORDER RE: SCHEDULE
CASE NO. 4:17-cv-04810-HSG-SK
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