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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Edward Vincent King, Jr. (SBN 085726) Alvin B. Lindsay (SBN 220236) KING & KELLEHER, LLP 20 California Street, 7th Floor San Francisco, CA 94111 Telephone: (415) 781-2888 Facsimile: (415) 781-3011 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) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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)

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