Digital Envoy Inc., v. Google Inc.,

Filing 235

Digital Envoy Inc., v. Google Inc.,

Doc. 235

Case 5:04-cv-01497-RS

Document 235

Filed 07/13/2005

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P. CRAIG CARDON, Cal. Bar No. 168646 BRIAN R. BLACKMAN, Cal. Bar No. 196996 KENDALL M. BURTON, Cal. Bar No. 228720 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Four Embarcadero Center, 17th Floor San Francisco, California 94111-4106 Telephone: [phone] Facsimile: 415-434-3947 TIMOTHY H. KRATZ (Admitted Pro Hac Vice) LUKE ANDERSON (Admitted Pro Hac Vice) MCGUIRE WOODS, L.L.P 1170 Peachtree Street, N.E., Suite 2100 Atlanta, Georgia 30309 Telephone: [phone] Facsimile: 404.443.5751 Attorneys for DIGITAL ENVOY, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION DIGITAL ENVOY, INC., Plaintiff/Counterdefendant, v. GOOGLE, INC., Defendant/Counterclaimant. Case No. C 04 01497 RS STIPULATION AND [PROPOSED] ORDER RE: AMENDING SCHEDULING ORDER

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STIPULATION AND ORDER SPECIALLY SETTING HEARING ON DIGITAL ENVOY'S MOTIONS

Dockets.Justia.com

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Digital Envoy, Inc. ("Digital Envoy") and Google Inc. ("Google") submit, through their counsel of record, this stipulation and proposed order to amend the Case Scheduling Order entered by the Court in this matter on August 27, 2004, and amended by Order of the Court on April 11, 2005. 1. Digital Envoy has moved to compel further responses from Google to certain of

Digital Envoy's discovery requests; 2. 3. Digital Envoy's motions to compel remain pending before the Court; Digital Envoy contends that the upcoming dates for expert disclosure and discovery

are related to and will be affected by the Court's rulings on Digital Envoy's motions to compel on which the Court has not yet ruled; 4. Digital Envoy, therefore, respectfully requests, and Google does not object, that the

Court amend the Scheduling Order as follows: a. On or before July 28, 2005, plaintiff shall disclose expert testimony and reports in

accordance with Federal Rule of Civil Procedure 26(a)(2); b. On or before August 12, 2005, defendant shall disclose expert testimony and

reports in accordance with Federal Rule of Civil Procedure 26(a)(2); c. On or before September 12, 2005, all discovery of expert witnesses pursuant to

Federal Rule of Civil Procedure 26(b)(4) shall be completed. The Case Scheduling Order, as amended by the Court, shall otherwise remain unchanged and in full force and effect. After the Court rules (or, if necessary, before, if the Court has not yet ruled) on Digital Envoy's pending motions to compel, the parties may stipulate to an additional extension of these dates (or so move the Court based upon a showing of good cause if they cannot reach agreement) based on the Court's rulings. IT IS SO STIPULATED.

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DATED: July 13, 2005 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

By

-sP. CRAIG CARDON BRIAN R. BLACKMAN TIMOTHY H. KRATZ (Admitted Pro Hac Vice) LUKE ANDERSON (Admitted Pro Hac Vice) MCGUIRE WOODS, L.L.P 1170 Peachtree Street, N.E., Suite 2100 Atlanta, Georgia 30309 Telephone: [phone] Facsimile: 404.443.5751 Attorneys for DIGITAL ENVOY, INC.

DATED: July 13, 2005 WILSON SONSINI GOODRICH & ROSATI
PC

By

-sDAVID H. KRAMER STEPHEN C. HOLMES Attorneys for GOOGLE INC.

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ORDER Based on the parties' stipulation and good cause appearing, IT IS ORDERED THAT: 1. On or before July 28, 2005, plaintiff shall disclose expert testimony and reports in

accordance with Federal Rule of Civil Procedure 26(a)(2); 2. On or before August 12, 2005, defendant shall disclose expert testimony and

reports in accordance with Federal Rule of Civil Procedure 26(a)(2); 3. On or before September 12, 2005, all discovery of expert witnesses pursuant to

Federal Rule of Civil Procedure 26(b)(4) shall be completed. 4. After the Court rules (or, if necessary, before, if the Court has not yet ruled) on

Digital Envoy's pending motions to compel, the parties may stipulate to an additional extension of these dates (or so move the Court based upon a showing of good cause if they cannot reach agreement) based on the Court's rulings. IT IS SO ORDERED. DATED: ____________

HON. RICHARD SEEBORG United States Magistrate Judge CERTIFICATION I, P. Craig Cardon am the ECF user whose identification and password are being used to file the Stipulation and [Proposed] Order re: Amending Scheduling Order. In compliance with General Order 45.X.B I hereby attest that all parties have concurred in this filing. DATED: July 13, 2005 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

By

-sP. CRAIG CARDON Attorneys for DIGITAL ENVOY, INC.

Case 5:04-cv-01497-RS

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