Dong Ah Tire & Rubber Co., Ltd v. Glasforms Inc.,

Filing 202

STIPULATION AND ORDER re 187 as to Pretrial Deadlines. Signed by Judge Jeremy Fogel on 2/23/09. (dlm, COURT STAFF) (Filed on 2/25/2009)

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Lance Burrow (SBN 94986) BURROW & SHIMANE 96 North 3rd Street, Suite 500 San Jose, CA 95112 Telephone: [phone] [e-mail] Attorney for Third-Party Defendant Taishan Fiberglass, Inc. David K. Herzog (Admitted pro hac vice) Kevin M. Toner (Admitted pro hac vice) April E. Sellers (Admitted pro hac vice) Jennifer M. Phelps (SBN 210746) BAKER & DANIELS LLP 300 North Meridian Street, Suite 2700 Indianapolis, IN 46204 Telephone: [phone] [e-mail] Attorneys for the third-party defendants, Taishan Fiberglass, Inc., and CTG International (North America) Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION DONG AH TIRE & RUBBER CO., LTD., Plaintiff, v. GLASFORMS, INC., Defendant/Third-Party Plaintiff, v. CTG INTERNATIONAL (NORTH AMERICA) INC., and TAISHAN FIBERGLASS, INC., Third-Party Defendants. CASE NO. C06-3359 JF (RS) (Consolidated With Case No. C06-00213 JF) STIPULATION AS TO PRETRIAL DEADLINES; ---R---P---S-----] ORDER [P-- O - O - ED

This stipulation is entered into between Plaintiff/Defendant/Third-Party Plaintiff Glasforms, Inc. ("Glasforms"), Third-Party Defendant CTG International ( North America) Inc.

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("CTG"), and Third-Party Defendant Taishan Fiberglasss, Inc. ("Taishan"), by and through their respective counsel of record. RECITALS WHEREAS, Glasforms, CTG, and Taishan (collectively the "Parties") executed a stipulation to stay this action and mediate their dispute before the Honorable Walter P. Capaccioli (Ret.) beginning December 12, 2008; WHEREAS, the Court on November 5, 2008 issued an order based on the Parties' stipulation that tolled all litigation activity and deadlines pending the mediation; WHEREAS, the Parties stipulated to reschedule the mediation for January 9, 2009; WHEREAS, the Court on December 5, 2008 issued an order based upon the Parties' stipulation which tolled all litigation activity and deadlines pending the rescheduled mediation; WHEREAS, the Parties did not reach a settlement at the mediation; WHEREAS, the Parties, by their respective counsel, met and conferred by telephone on January 13, 2009 concerning appropriate schedules and pretrial deadlines in this action; WHEREAS, the Court held a status conference in this action on January 16, 2009 during which the Court scheduled this action for jury trial on July 10, 2009; and WHEREAS, on January 30, 2009 Glasforms filed its Motion For Leave To Amend Its First Amended Complaint ("Motion to Amend") (Doc. 183) which is set to be heard on March 6, 2009,

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NOW THEREFORE, THE PARTIES HEREBY AGREE AND STIPULATE, subject to Court approval, that: (A) The first available hearing date for Third-Party Defendants' Motions for

Partial Summary Judgment is March 27, 2009; (B) Any responses to the Motions for Partial Summary Judgment shall be filed

on or before February 18, 2009; (C) Any replies in support of the Motions for Partial Summary Judgment shall

be filed on or before March 4, 2009; (D) Expert depositions will be scheduled during March and April 2009; each

expert shall produce all requested documents no later than two weeks (14 days) prior to his or her deposition; and all expert discovery shall be completed on or before April 30, 2009; (E) Final Witness and Exhibit Lists shall be filed and served no later than

(F)

Motions in Limine shall be filed and served no later than May 22, 2009;

(G)

Oppositions to Motions in Limine and Trial Briefs shall be filed and

served no later than June 8, 2009. (H) This Stipulation is without prejudice to any future modifications of the

pretrial or trial schedule that Taishan or CTG may seek if the Court grants Glasforms' Motion To Amend. While Glasforms believes adding a new cause of action would not affect the schedule, Taishan and CTG disagree. The parties agree that nothing in this Stipulation should be interpreted to restrict any party's right to request future modifications as necessary.

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IT IS SO STIPULATED: Dated: February 6, 2009 BAKER & DANIELS LLP

By:/s/ Kevin M. Toner David K. Herzog Kevin M. Toner April Sellers Jennifer M. Phelps Attorneys for Third-Party Defendants TAISHAN FIBERGLASS INC. AND CTG INTERNATIONAL (NORTH AMERICA) INC. BURROW & SHIMANE

By:/s/ Lance Burrow Lance Burrow Attorneys for Third-Party Defendant TAISHAN FIBERGLASS, INC.

CAMPBELL, WARBURTON, FITZSIMMONS, SMITH, MENDELL & PASTORE

By:/s/ J. Michael Fitzsimmons J. Michael Fitzsimmons Lisa Jeong Cummins Attorneys for Third Party Defendant CTG INTERNATIONAL (NORTH AMERICA) INC.

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BDDB01 5563764v1

HOPKINS & CARLEY, A LAW CORPORATION

By: /s/ Robert A. Christopher Robert A. Christopher Eugene Ashley Noelle R. Dunn Attorneys for Plaintiff/Defendant/ThirdParty Plaintiff GLASFORMS, INC.

IT IS ORDERED that: (A) Any responses to the Motions for Partial Summary Judgment shall be filed

on or before February 18, 2009; (B) Any replies in support of the Motions for Partial Summary Judgment shall

be filed on or before March 4, 2009; (C) Expert depositions will be scheduled during March and April 2009; each

expert shall produce all requested documents no later than two weeks (14 days) prior to his or her deposition; and all expert discovery shall be completed on or before April 30, 2009; (D) May 7, 2009; (E) and (F) Oppositions to Motions in Limine and Trial Briefs shall be filed and Motions in Limine shall be filed and served no later than May 22, 2009; Final Witness and Exhibit Lists shall be filed and served no later than

served no later than June 8, 2009. 2/ __ Dated: ___23 _________________, 2009 ______________________________________ JEREMEY FOGEL United States District Judge

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