West v. Jewelry Innovations, Inc. et al

Filing 207

STIPULATION AND ORDER re 203 to Modify Scheduling Order. Signed by Judge Jeremy Fogel on 10/2/08. (dlm, COURT STAFF) (Filed on 10/6/2008)

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Edward Vincent King, Jr. (SBN 085726) Alvin B. Lindsay (SBN 220236) KING & KELLEHER, LLP 20 California Street, 7th Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff TRENT WEST

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

TRENT WEST, Plaintiff, v. JEWELRY INNOVATIONS, INC., TOSYALI INTERNATIONAL, INC. (dba BENCHMARK), NORTHSTAR DIAMOND, INC. (dba TUNGSTEN MAGNUM), A JAMAIS DESIGNS, INC. (dba INFINITY RINGS), and CROWN RING, INC., Defendants. ___________________________________ And Related Cross-Actions

Case No.5:07-cv-1812 JF (HRL)

STIPULATION TO MODIFY SCHEDULING ORDER

Defendants Jewelry Innovations, Inc. ("JII") and Tosyali International, Ltd. dba Benchmark ("Benchmark"), by and through their undersigned counsel of record, and Plaintiff Trent West ("West"), by and through his undersigned counsel of record, have agreed and stipulate under Civil L.R. 6-2(a) to modify the Scheduling Order to extend the time for the parties to comply with the presently pending deadlines in this matter as set forth below: /// /// -1STIPULATION TO MODIFY SCHEDULING ORDER

Case No. 5:07-cv-1812 JF (HRL)

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Event Expert Disclosure/Reports by party with the burden of proof on an issue Fact Discovery Cut-Off (serve discovery requests and notice fact witness depositions to be completed by this date) Rebuttal Expert Disclosure/Reports by party without the burden of proof on an issue Expert Discovery Cut-Off (complete depositions of expert witnesses by this date) Last Day to File Dispositive Motions Last Day to File Daubert Motions objecting to experts Last Day to Hear Dispositive Motions Trial

Present Date October 28, 2008

Modified Date November 25, 2008

November 11, 2008

December 5, 2008

No date presently

December 24, 2008

No date presently

January 9, 2009

November 18, 2008 No date presently

January 16, 2009 January 23, 2009

December 26, 2008 March 16, 2009

February 20, 2009 March 16, 2009

West's counsel is filing this stipulation with the Court after having received the consent and agreement of counsel for JII and Benchmark to its form and content. Counsel for Crown Ring has elected not to join in the stipulation between West and JII and Benchmark, but has not asserted Crown Ring will be prejudiced or otherwise adversely impacted by the requested modifications. The reasons that JII, Benchmark and West respectfully request the present

modifications are provided in the Declaration of Alvin B. Lindsay, filed herewith. /// ///

-2STIPULATION TO MODIFY SCHEDULING ORDER

Case No. 5:07-cv-1812 JF (HRL)

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Accordingly, JII, Benchmark and West request that the Court issue an Order, for good cause shown, modifying the Scheduling Order as requested above.

JONES WALDO HOLBROOK & MCDONOUGH By: /s/Brett D. Ekins_____ Brett D. Ekins Attorneys for Defendants Jewelry Innovations, Inc. and Tosyali International, Inc. (dba Benchmark) Date: September 30, 2008

KING & KELLEHER By: /s/Alvin B. Lindsay__ Alvin B. Lindsay Attorneys for Plaintiff Trent West

Date: September 30, 2008

PURSUANT TO STIPULATION, IT IS SO ORDERED. 2nd DATED: October ____, 2008 Hon. Jeremy Fogel Judge, U.S. District Court ­ N.D. Cal.

-3STIPULATION TO MODIFY SCHEDULING ORDER

Case No. 5:07-cv-1812 JF (HRL)