Digital Envoy Inc., v. Google Inc.,

Filing 402

Digital Envoy Inc., v. Google Inc.,

Doc. 402

Case 5:04-cv-01497-RS

Document 402

Filed 01/20/2006

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1 P. CRAIG CARDON, Cal. Bar No. 168646 3 Four Embarcadero Center, 17th Floor 4 Telephone: 5

2 KENDALL M. BURTON, Cal. Bar No. 228720
San Francisco, California 94111-4106 415-434-9100 Facsimile: 415-434-3947

BRIAN R. BLACKMAN, Cal. Bar No. 196996

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

6 TIMOTHY H. KRATZ (Admitted Pro Hac Vice) 7 ROBERT J. WADDELL, JR. (Admitted Pro Hac Vice) 8 MCGUIREWOODS LLP 9 Atlanta, Georgia 30309 10 Facsimile:
Telephone: JOHN A. LOCKETT III (Admitted Pro Hac Vice) 1170 Peachtree Street, N.E., Suite 2100 404.443.5500 404.443.5751 LUKE ANDERSON (Admitted Pro Hac Vice)

11 PATRICK J. FLINN, Cal. Bar No. 104423 12 One Atlantic Center
ALSTON & BIRD LLP

13 Atlanta, Georgia 30309

1201 West Peachtree Street Telephone: [phone]

14 Facsimile: 404-881-7777 16 17 18

15 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

19 DIGITAL ENVOY, INC., 20 21 23 24 25 26 27 28
W02-SF:5BB\61482490.1

Plaintiff/Counterdefendant, v.

22 GOOGLE, INC.,
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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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 and December 1, 2005. Digital Envoy filed a Motion to Compel, which was noticed for 5 hearing for December 5, 2005. The Court in its November 22, 2005 Order continued the hearing 6 on Digital Envoy's Motion to Compel indefinitely. Digital Envoy states that the discovery issues 7 raised in its Motion to Compel should be resolved prior to expert disclosures and the 8 commencement of expert discovery. (At the time the previous Stipulation to Amend the 9 Scheduling Order was submitted, the parties understood that the Motion to Compel would be 10 heard prior to the date for expert disclosures.) During the January 12, 2006 hearing, the Court 11 suggested that the parties propose amendments to the Scheduling Order. 12
The parties state that these proposed amendments to the Scheduling Order will

13 serve the interests of efficiency and economy. Therefore, the parties, through their undersigned 14 counsel, propose an amendment to the Scheduling Order as follows: 15 17 18 19 20 21 22 23 25
2. c. b. 1. EXPERT WITNESSES. The disclosure and discovery of expert witness opinions

16 shall proceed as follows:
a. On or before March 3, 2006, plaintiff shall disclose expert testimony and reports in accordance with Rule 26(a)(2), F.R. Civ. P. On or before April 7, 2006, defendant shall disclose expert testimony and reports in accordance with Rule 26(a)(2), F.R. Civ. P. On or before April 28, 2006, all discovery of expert witnesses pursuant to Rule 26(b)(4), F.R. Civ. P. shall be completed. PRETRIAL MOTIONS. All pretrial motions must be filed and served pursuant to

24 Civil Local Rule 7. All pretrial motions shall be heard no later than June 7, 2006.
3. PRETRIAL STATEMENTS. At a time convenient to both, counsel shall meet and

26 confer to discuss preparation of a joint pretrial statement and on or before June 16, 2006, counsel 27 shall file a Joint Pretrial Statement in accordance with the attached Standing Order re: Pretrial 28 Preparation.
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4.

PRETRIAL CONFERENCE. The final pretrial conference will be held after June

2 16, 2006, on such date as the Court shall order. Each party or lead counsel who will try the case 3 shall attend personally. Counsel shall comply with the attached Standing Order re: Pretrial 4 Preparation. 5 7
5. TRIAL DATE. Jury trial shall commence after June 16, 2006, on such date as the

6 Court shall order.
In all other respects, the Scheduling Order remains in full force and effect. Nothing

8 contained in the parties' stipulation shall operate to re-open fact discovery or extend the period for 9 fact discovery. Nothing in the stipulation shall prohibit any party from seeking to amend this or 10 any subsequent Scheduling Order if it believes that such relief is warranted. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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IT IS SO STIPULATED.

[SIGNATURES ON FOLLOWING PAGE]

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DATED: January 20, 2006 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: January 20, 2006 WILSON SONSINI GOODRICH & ROSATI PC

By

/s/ David Lansky DAVID H. KRAMER DAVID LANSKY 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\61482940.1

DATED: January 20, 2006 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