Digital Envoy Inc., v. Google Inc.,

Filing 384

Digital Envoy Inc., v. Google Inc.,

Doc. 384

Case 5:04-cv-01497-RS

Document 384

Filed 12/01/2005

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

BRIAN R. BLACKMAN, Cal. Bar No. 196996 2 KENDALL M. BURTON, Cal. Bar No. 228720 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 3 Four Embarcadero Center, 17th Floor San Francisco, California 94111-4106 4 Telephone: [phone] Facsimile: 415-434-3947

5 6 TIMOTHY H. KRATZ (Admitted Pro Hac Vice) 7 8 9 10
LUKE ANDERSON (Admitted Pro Hac Vice) ROBERT J. WADDELL, JR. (Admitted Pro Hac Vice) JOHN A. LOCKETT III (Admitted Pro Hac Vice) MCGUIREWOODS LLP 1170 Peachtree Street, N.E., Suite 2100 Atlanta, Georgia 30309 Telephone: [phone] Facsimile: 404.443.5751

11 Attorneys for DIGITAL ENVOY, INC. 12 13 14 15 DIGITAL ENVOY, INC., 16 17
v. Plaintiff/Counterdefendant, 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

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

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1

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 October 4 21, 2005. Digital Envoy has filed a Motion to Compel, which was noticed for hearing for 5 December 5, 2005. The Court in its November 22, 2005 Order continued the hearing on Digital 6 Envoy's Motion to Compel indefinitely. Digital Envoy states that the discovery issues raised in its 7 Motion to Compel should be resolved prior to expert disclosures and the commencement of expert 8 discovery. (At the time the previous Stipulation to Amend the Scheduling Order was submitted, 9 the parties understood that the Motion to Compel would be heard prior to the date for expert 10 disclosures). 11
Digital Envoy further states that these proposed amendments to the Scheduling Order will

12 serve the interests of efficiency and economy. Google does not agree with these statements, but 13 does not oppose Digital Envoy's proposed amendment. Therefore, through their undersigned 14 counsel, Digital Envoy requests and Google does not oppose an amendment to the Scheduling 15 Order as follows: 16
EXPERT WITNESSES: The disclosure and discovery of expert witness opinions shall

17 proceed as follows: 18
a. On or before January 20, 2006, plaintiff shall disclose expert testimony and

19 reports in accordance with Federal Rule of Civil Procedure 26(a)(2); 20
b. On or before February 24, 2006, defendant shall disclose expert testimony and

21 reports in accordance with Federal Rule of Civil Procedure 26(a)(2); 22
c. On or before March 17, 2006, all discovery of expert witnesses pursuant to Federal

23 Rule of Civil Procedure 26(b)(4) shall be completed. 24
In all other respects the Scheduling Order as amended remains in full force and effect.

25 Nothing in the parties' stipulation shall prohibit any party from seeking to amend this or any 26 subsequent Scheduling Order if it believes that such relief is warranted. 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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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: December 1, 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
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DATED: December 1, 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