Digital Envoy Inc., v. Google Inc.,

Filing 253

Digital Envoy Inc., v. Google Inc.,

Doc. 253

Case 5:04-cv-01497-RS

Document 253

Filed 07/28/2005

Page 1 of 4

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 RE: AMENDING SCHEDULING ORDER

Dockets.Justia.com

Case 5:04-cv-01497-RS

Document 253

Filed 07/28/2005

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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 and July 13, 2005. as follows: 1. EXPERT WITNESSES: The disclosure and discovery of expert witness opinions

shall proceed as follows: a. On or before October 21, 2005, plaintiff shall disclose expert testimony and

reports in accordance with Federal Rule of Civil Procedure 26(a)(2); b. On or before November 21, 2005, defendant shall disclose expert testimony and

reports in accordance with Federal Rule of Civil Procedure 26(a)(2); c. On or before December 21, 2005, all discovery of expert witnesses pursuant to

Federal Rule of Civil Procedure 26(b)(4) shall be completed. 2. PRETRIAL MOTIONS: All pretrial motions must be filed and served pursuant to

Civil Local Rule 7. All pretrial motions shall be heard no later than ________ (dated back from trial 55 days). 3. PRETRIAL STATEMENTS: At a time convenient to both, counsel shall meet and

confer to discuss preparation of a joint pretrial statement and on or before _________ (dated back from final pre-trial conference 10 days)., counsel shall file a Joint Pretrial Statement in accordance with the Court's Standing Order For Final Pretrial Conference In Jury Cases Before Magistrate Judge Richard Seeborg. 4. PRETRIAL CONFERENCE: The final pretrial conference will be held on

___________, 2006 at _____, in Courtroom 4 at the United States Courthouse, 280 S. First Street, San Jose, California (at a date and time convenient with the Court's schedule). Each party or lead counsel who will try the case shall attend personally. Counsel shall comply with the Court's Standing Order For Final Pretrial Conference In Jury Cases Before Magistrate Judge Richard Seeborg.

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STIPULATION AND ORDER RE: AMENDING SCHEDULING ORDER

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5.

TRIAL DATE: Trial shall commence on April __, 2006 at _______, in Courtroom

4, United States Courthouse, San Jose, California (at a date and time convenient with the Court's schedule). In all other respects the Scheduling Order remains in full force and effect. Nothing in this stipulation shall operate to re-open fact discovery or extend the period for fact discovery. Nothing in this stipulation shall prohibit any party from seeking to amend this or any subsequent Scheduling Order if it believes that such relief is warranted.

IT IS SO STIPULATED.

DATED: July 25, 2005 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

By P. 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 25, 2005 WILSON SONSINI GOODRICH & ROSATI
PC

By DAVID H. KRAMER STEPHEN C. HOLMES Attorneys for GOOGLE INC.
STIPULATION AND ORDER RE: AMENDING SCHEDULING ORDER

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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 25, 2005 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

By P. CRAIG CARDON Attorneys for DIGITAL ENVOY, INC.

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STIPULATION AND ORDER RE: AMENDING SCHEDULING ORDER