Victoria Ryan v. Editions Limited West, Inc. et al

Filing 197

ORDER DENYING STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE AND TRIAL; ORDER RESETTING PRE-TRIAL CONFERENCE re 196 Stipulation filed by Victoria Ryan. Signed by Judge Paul S. Grewal on December 1, 2011. (psglc1, COURT STAFF) (Filed on 12/1/2011)

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1 4 Richard A. De Liberty (Cal. Bar No. 203754) Attorney at Law 3554 Round Barn Boulevard, Suite 204 Santa Rosa, California 95403 tel.: (707) 237-2709 fax: (707) 676-9006 e-mail: 5 Attorney for Plaintiff 2 3 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 VICTORIA RYAN, 12 Plaintiff, 13 v. 14 EDITIONS LIMITED WEST, INC., et al. 15 No. C 06-04812 PVT ORDER DENYING STIPULATION AND PROPOSED ORDER TO CONTINUE PRE-TRIAL CONFERENCE AND TRIAL ORDER RESETTING PRE-TRIAL CONFERENCE Defendants. 16 17 On August 15, 2011, the parties stipulated at the request of Defendant’s counsel to continue the 18 discovery and dispositive motions cut-offs, pre-trial conference, and trial date. (ECF No. 194.) On 19 August 19 the Court entered an order on the stipulation, setting trial for January 9, 2012. 20 Plaintiff’s counsel is part of a team that is preparing for trial set to begin on January 17 in a 21 patent license dispute. Because of the trial in this case, Plaintiff’s counsel had declined the opportunity 22 to participate in the patent trial itself. Nonetheless, Plaintiff’s counsel is currently finalizing a fact- 23 intensive and legally-complex opposition to summary judgment due on December 2 in the patent case, 24 and has other pre-trial responsibilities that cannot cost-effectively be shifted to other lawyers on the 25 team. 26 Under the current schedule, the first round of pretrial submissions in this case are due December 27 6. Plaintiff’s counsel reached out a couple of weeks ago to arrange a conference to work on the joint 28 pretrial statement, but the parties have not yet been successful in coordinating that conference. STIPULATION & ORDER TO RE-SCHEDULE C.M.C. AND HEARING—C 06-04812 PVT 1 2 Defendant’s counsel has a trademark infringement case that is going to trial in Miami, Florida, with a pre-trial conference on March 12 and scheduled to commence on March 26. 3 With reference to the foregoing, 4 IT IS STIPULATED by the undersigned counsel for the parties that: 5 1. The Final Pre-Trial Conference is continued to April 3, 2012. 6 2. Trial is continued to May 7, 2012. 7 DATED: November 30, 2011 8 /s/ Richard A. De Liberty Richard A. De Liberty Attorney for Plaintiff 9 10 11 12 DATED: November 30, 2011 13 ISAACMAN, KAUFMAN & PAINTER, P.C. 14 /s per certification/ Michael Painter Attorneys for Defendant Editions Limited West, Inc. 15 16 17 ORDER 18 Pursuant to the foregoing Stipulation, 19 IT IS SO ORDERED. 20 DATED: 21 22 23 24 25 26 27 United States Magistrate Judge The request for a continuance of the final pre-trial conference and trial is DENIED. The final pre-trial conference is reset to December 16, 2011 at 2PM. The trial is scheduled to begin on January 9, 2012 at 9:30AM. This case is over five years old. It needs to be tried or otherwise resolved. Dated: December 1, 2011 28 –2– STIPULATION & ORDER TO RE-SCHEDULE C.M.C. AND HEARING—C 06-04812 PVT 1 2 3 4 5 SIGNATURE CERTIFICATION I attest that Michael A. Painter of Isaacman, Kaufman & Painter, P.C., attorneys for the defendants, provided me his concurrence in the filing of this stipulation. I declare under penalty of perjury under the laws of the State of California that the foregoing is 6 true and correct. 7 DATED: November 30, 2011 8 9 10 /s/ Richard A. De Liberty Richard A. De Liberty 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 –3– STIPULATION & ORDER TO RE-SCHEDULE C.M.C. AND HEARING—C 06-04812 PVT

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