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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Richard A. De Liberty (Cal. Bar No. 203754)
Attorney at Law
3554 Round Barn Boulevard, Suite 204
Santa Rosa, California 95403
tel.: [phone]
fax: [phone]
e-mail: [e-mail]

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Attorney for Plaintiff

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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VICTORIA RYAN,

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Plaintiff,

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v.

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EDITIONS LIMITED WEST, INC., et al.

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No. C 06-04812 PVT
ORDER DENYING
STIPULATION AND PROPOSED ORDER
TO CONTINUE PRE-TRIAL CONFERENCE
AND TRIAL
ORDER RESETTING PRE-TRIAL
CONFERENCE

Defendants.

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On August 15, 2011, the parties stipulated at the request of Defendant’s counsel to continue the

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discovery and dispositive motions cut-offs, pre-trial conference, and trial date. (ECF No. 194.) On

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August 19 the Court entered an order on the stipulation, setting trial for January 9, 2012.

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Plaintiff’s counsel is part of a team that is preparing for trial set to begin on January 17 in a

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patent license dispute. Because of the trial in this case, Plaintiff’s counsel had declined the opportunity

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to participate in the patent trial itself. Nonetheless, Plaintiff’s counsel is currently finalizing a fact-

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intensive and legally-complex opposition to summary judgment due on December 2 in the patent case,

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and has other pre-trial responsibilities that cannot cost-effectively be shifted to other lawyers on the

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team.

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Under the current schedule, the first round of pretrial submissions in this case are due December

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6. Plaintiff’s counsel reached out a couple of weeks ago to arrange a conference to work on the joint

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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

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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.

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With reference to the foregoing,

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IT IS STIPULATED by the undersigned counsel for the parties that:

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1.

The Final Pre-Trial Conference is continued to April 3, 2012.

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2.

Trial is continued to May 7, 2012.

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DATED: November 30, 2011

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/s/ Richard A. De Liberty
Richard A. De Liberty
Attorney for Plaintiff

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DATED: November 30, 2011

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ISAACMAN, KAUFMAN & PAINTER, P.C.

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/s per certification/
Michael Painter
Attorneys for Defendant
Editions Limited West, Inc.

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ORDER
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Pursuant to the foregoing Stipulation,
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IT IS SO ORDERED.
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DATED:
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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

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STIPULATION & ORDER TO RE-SCHEDULE C.M.C. AND HEARING—C 06-04812 PVT

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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

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true and correct.

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DATED: November 30, 2011

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/s/ Richard A. De Liberty
Richard A. De Liberty

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STIPULATION & ORDER TO RE-SCHEDULE C.M.C. AND HEARING—C 06-04812 PVT