Digital Envoy Inc., v. Google Inc.,

Filing 350

Digital Envoy Inc., v. Google Inc.,

Doc. 350

Case 5:04-cv-01497-RS

Document 350

Filed 10/20/2005

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1 P. CRAIG CARDON, Cal. Bar No. 168646

BRIAN R. BLACKMAN, Cal. Bar No. 196996 2 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Four Embarcadero Center, 17th Floor 3 San Francisco, California 94111-4106 Telephone: [phone] Facsimile: 415-434-3947 4

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TIMOTHY H. KRATZ (Admitted Pro Hac Vice) LUKE ANDERSON (Admitted Pro Hac Vice) ROBERT J. WADDELL, JR. (Admitted Pro Hac Vice) JOHN A. LOCKETT III (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 Case No. C 04 01497 RS STIPULATION AND [PROPOSED] ORDER RE: AMENDING SCHEDULING ORDER

15 DIGITAL ENVOY, INC., 16 17
v. Plaintiff/Counterdefendant,

18 GOOGLE, INC., 19 20 21 22 23 24 25 26 27 28
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Defendant/Counterclaimant.

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STIPULATION AND [PROPOSED] ORDER RE: AMENDING SCHEDULING ORDER

Dockets.Justia.com

Case 5:04-cv-01497-RS

Document 350

Filed 10/20/2005

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Digital Envoy, Inc. ("Digital Envoy") and Google Inc. ("Google") submit, through their

2 counsel of record, this stipulation and proposed order to amend the Case Scheduling Order entered 3 by the Court in this matter on August 27, 2004, and amended by Order of the Court on July 28, 4 2005. Digital Envoy states that the parties currently have a discovery dispute, which they are 5 attempting to resolve by agreement or, if necessary, by motion. Digital Envoy states that these 6 proposed amendments to the Scheduling Order will serve the interests of efficiency and economy, 7 and anticipates that the dispute will be resolved by agreement or order of the Court in advance of 8 the proposed amended dates. Google does not agree with these statements, but does not oppose 9 Digital Envoy's proposed amendment. Therefore, through their undersigned counsel, Digital 10 Envoy requests and Google does not oppose an amendment to the Scheduling Order as follows: 11
1. EXPERT WITNESSES: The disclosure and discovery of expert witness opinions

12 shall proceed as follows: 13
a. On or before December 19, 2005, plaintiff shall disclose expert testimony and

14 reports in accordance with Federal Rule of Civil Procedure 26(a)(2); 15
b. On or before January 31, 2006, defendant shall disclose expert testimony and

16 reports in accordance with Federal Rule of Civil Procedure 26(a)(2); 17
c. On or before February 24, 2006, all discovery of expert witnesses pursuant to

18 Federal Rule of Civil Procedure 26(b)(4) shall be completed. 19
2. PRETRIAL MOTIONS: All pretrial motions must be filed and served pursuant to

20 Civil Local Rule 7. All pretrial motions shall be heard no later than March 15, 2006. 21
In all other respects the Scheduling Order as amended remains in full force and effect.

22 Nothing in the parties' stipulation shall operate to re-open fact discovery or extend the period for 23 fact discovery. Nothing in the parties' stipulation shall prohibit any party from seeking to amend 24 this or any subsequent Scheduling Order if it believes that such relief is warranted. 25 26 27 28
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IT IS SO STIPULATED.

[SIGNATURES ON FOLLOWING PAGE]

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STIPULATION AND [PROPOSED] ORDER RE: AMENDING SCHEDULING ORDER

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DATED: October 20, 2005 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

By

/s/ Brian R. Blackman 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: October 20, 2005 WILSON SONSINI GOODRICH & ROSATI
PC

By

/s/ David H. Kramer DAVID H. KRAMER STEPHEN C. HOLMES Attorneys for GOOGLE, INC. ORDER

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. DATED: ____________

HON. RICHARD SEEBORG United States Magistrate Judge

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CERTIFICATION I, Brian R. Blackman, am the ECF user whose identification and password are being used

3 to file the Stipulation and [Proposed] Order re: Amending Scheduling Order. In compliance with 4 General Order 45.X.B I hereby attest that all parties have concurred in this filing. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
W02-SF:5BB\61473180.1

DATED: October 20, 2005 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

By

/s/ Brian R. Blackman BRIAN R. BLACKMAN Attorneys for DIGITAL ENVOY, INC.

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STIPULATION AND [PROPOSED] ORDER RE: AMENDING SCHEDULING ORDER