Yue v. Chordiant Software, Inc., et al

Filing 151

STIPULATION AND ORDER Granting Extension on the Time for Expert Disclosures re 143 Stipulation. Signed by Judge James Ware on 9/21/2009. (ecg, COURT STAFF) (Filed on 9/21/2009)

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

LAURENCE F. PULGRAM (CSB NO. 115163) [e-mail] JEDEDIAH WAKEFIELD (CSB NO. 178058) [e-mail] MARY E. MILIONIS (CSB NO. 238827) [e-mail] LIWEN A. MAH (CSB NO. 239033) [e-mail] FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants CHORDIANT SOFTWARE, INC., DEREK P. WITTE, and STEVEN R. SPRINGSTEEL [ADDITIONAL PARTY APPEARS ON SIGNATURE PAGE]

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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NETBULA, LLC and DONGXIAO YUE, Plaintiffs,

Case No. C-08-00019-JW STIPULATION AND [PROPOSED] ORDER GRANTING EXTENSION ON THE TIME FOR EXPERT DISCLOSURES PURSUANT TO FED. R. CIV. P. 26(a)(2)

CHORDIANT SOFTWARE, INC., a Delaware corporation; DEREK P. WITTE, an individual; and STEVEN R. SPRINGSTEEL, an individual, Defendant.

STIP. & [PROPOSED] ORDER TO EXTEND TIME FOR COMPLETING EXPERT DISCLOSURES

C-08-00019-JW

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

WHEREAS, on May 29, 2009, the Court entered an Order [Dkt. No. 137, "Stipulation and Order"] granting leave for Plaintiffs Netbula LLC, ("Netbula") and Dongxiao Yue ("Plaintiffs") to file a fourth amended complaint and modifying dates accordingly from the Court's Scheduling Order of [Dkt. No. 97, "Original Scheduling Order"] in this action; WHEREAS, Plaintiffs filed and served a fourth amended complaint in this action on May 29, 2009 adding additional claims for copyright infringement based on Defendants' allegedly infringing use of Netbula's software product called "JRPC" which raises new and different issues from the prior focus of the complaint which had concerned Defendants' allegedly infringing use of Netbula's PowerRPC software; WHEREAS on July 9, 2009 the Court entered an Order [Dkt. No. 142] Denying Defendants' Motion for Summary Judgment on Defendants' "license-based defense" finding of fact regarding whether Plaintiffs granted or intended to grant an express or implied license to Chordiant Software, Inc. for use of the PowerRPC software; WHEREAS the Court's May 29, 2009 Stipulation and Order amended and reset the following dates in this action: (a) (b) (c) (c) Close of All Discovery: Last Date for Hearing on Dispositive Motions: Preliminary Pretrial Conference: Preliminary Pretrial Conference Statement: October 30, 2009-08-24 December 14, 2009 at 9 a.m. September 28, 2009 at 11 a.m. September 18, 2009

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WHEREAS pursuant to the Court's May 29, 2009 Stipulation and Order, in connection with the Original Scheduling Order, the deadlines for presenting opening expert witness testimony is August 28, 2009 (or 63 days before the close of discovery), the deadlines for presenting rebuttal expert witness testimony is September 11, 2009 (or 49 days prior to the discovery cutoff), and the last day available for a noticed hearing set on any party's motion to exclude any expert or any proposed testimony of an expert is October 26, 2009 [Original Scheduling Order ¶ 4-7]; WHEREAS counsel for the parties agreed on July 24, 2009 that additional time would be necessary for completing expert disclosures and agreed to a reciprocal 2-week extension for such
STIP. & [PROPOSED] ORDER TO EXTEND TIME FOR COMPLETING EXPERT DISCLOSURES

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

dates; WHEREAS in light of the new issues introduced in the litigation by the fourth amended complaint and the Court's denial of Defendants' motion for summary judgment, and in light of the significant efforts extended by both parties in propounding and responding to requests for discovery, the parties agree that in the interests of justice and to allow for adequate preparation of expert testimony on the claims and defenses at issue in the action, additional time is necessary for the parties to complete opening and rebuttal expert disclosures and that such additional time will not cause any delay this action or any other deadlines in this action; THEREFORE, THE PARTIES HEREBY STIPULATE AND REQUEST that the Court ORDER as follows: 1) continue the deadline for each party to make opening expert disclosures under Rule 26(a)(2)(b) to October 2, 2009; 2) continue the deadline for each party to make rebuttal expert disclosures under Rule 26(a)(2)(b) to October 16, 2009; and 3) the last date for any hearing on any party's motion to exclude any expert or any proposed testimony of shall be December 14, 2009 at 9 a.m.

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Respectfully, Dated: September 2, 2009 FENWICK & WEST LLP By: /s/ Jedediah Wakefield Jedediah Wakefield

Attorneys for Defendants CHORDIANT SOFTWARE, INC., STEVEN R. SPRINGSTEEL and DEREK P. WITTE By: Dated: September 2, 2009 /s/ Antonio L. Cortés Antonio L. Cortés

Attorney for Plaintiffs NETBULA, LLC and DONGXIAO YUE

STIP. & [PROPOSED] ORDER TO EXTEND TIME FOR COMPLETING EXPERT DISCLOSURES

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Septemberr 17, 2009 Dated: _______________, 2009 Septembe 21, 2009 The Honorable James Ware United States District Court Judge

ATTORNEY ATTESTATION Pursuant to General Order 45, I hereby attest that that concurrence in the filing of this document has been obtained from the signatory indicated by a `conformed' signature (/S/) within this e-filed document. /S/ Jedediah Wakefield Jedediah Wakefield

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