Landmark Screens, LLC v. Morgan, Lewis, & Bockius, LLP et al

Filing 107

STIPULATION AND ORDER TO EXTEND FACT DISCOVERY DEADLINE re 100 . Signed by Judge Jeremy Fogel on 1/4/10. (dlm, COURT STAFF) (Filed on 1/8/2010)

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KEKER & VAN NEST LLP ELLIOT R. PETERS - #158708 WENDY J. THURM - #163558 STEVEN P. RAGLAND - #221076 JOHN E. TRINIDAD - #250468 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Defendants MORGAN, LEWIS & BOCKIUS LLP and THOMAS D. KOHLER CLARK S. STONE - #202123 STEVEN M. LEVITAN - #148716 INCHAN A. KWON - #247614 HAYNES AND BOONE, LLP 2033 Gateway Place, Suite 400 San Jose, CA 95110 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff LANDMARK SCREENS, LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION LANDMARK SCREENS, LLC, a Delaware Limited Liability Company, Plaintiff, v. MORGAN, LEWIS & BOCKIUS LLP, a limited liability partnership; and THOMAS D. KOHLER, an individual, Defendants. Case No. 5:08-cv-2581 JF -----------------STIPULATION AND [PROPOSED] ORDER TO EXTEND FACT DISCOVERY DEADLINE Judge: Hon. Jeremy Fogel Courtroom 3

Comp. Filed: May 21, 2008 Trial Date: None set

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STIPULATION AND [PROPOSED] ORDER TO EXTEND FACT DISCOVERY DEADLINE Case No. 5:08-cv-2581 JF

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This stipulation is entered into by and between Plaintiff Landmark Screens, LLC ("Landmark") and Defendants Morgan Lewis & Bockius LLP ("MLB") and Thomas D. Kohler ("Kohler"), pursuant to Civil Local Rule 6-2, as follows: WHEREAS, on November 30, 2005, Landmark filed a complaint for legal malpractice and other claims against MLB, Kohler and Pennie & Edmonds LLP in Santa Clara County Superior Court, Case No. 1-05-CV-053568 (the "State Court Action"); WHEREAS, on or around March 2008, Landmark entered into a settlement with Pennie & Edmonds and Thomas Kohler (in his capacity as a Pennie partner), and continued to prosecute the State Court Action against MLB and Kohler (in his capacity as an MLB partner); WHEREAS, on May 21, 2008, the Superior Court sustained MLB and Kohler's Demurrer to Landmark's state court complaint without leave to amend, finding that it lacked subject matter jurisdiction because Landmark's claims required resolution of a substantial question of federal patent law; WHEREAS, thereafter, Landmark filed a notice of appeal (the "State Court Appeal"); WHEREAS, on May 21, 2008, Landmark filed this federal action based on federal jurisdiction under 28 U.S.C. §§1331 and 1338; WHEREAS, on November 3, 2008, Landmark filed its Second Amended Complaint in this action [Docket No. 31]; WHEREAS, on January 20, 2009, the Court issued an order Granting in Part and Denying in Part Defendants' Motion to Dismiss Landmark's Second Amended Complaint [Docket No. 42]; WHEREAS, on May 15, 2009, the parties participated in a Case Management Conference during which the Court heard MLB and Kohler's proposal to stay fact discovery pending resolution of the State Court Appeal; WHEREAS during the May 15, 2009 Case Management conference, the court set a January 30, 2010 fact discovery cut-off and scheduled a Further Case Management Conference for February 5, 2010; WHEREAS, on September 1, 2009, MLB filed a Motion to Compel Production of 2

464251.01

STIPULATION AND [PROPOSED] ORDER TO EXTEND FACT DISCOVERY DEADLINE Case No. 5:08-cv-2581 JF

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Documents and Compel In Camera Review of Documents [Docket No. 62], and the motion was granted in part and denied in part on October 21, 2009 [Docket No. 81] WHEREAS, MLB filed Objections to the Magistrate's Order [Docket No. 82], and the Court issued its ruling on those objections on December 15, 2009 [Docket No. 94]; WHEREAS, pursuant to Magistrate Lloyd's in camera review, Landmark was ordered to produce certain documents by December 22, 2009 [Docket No. 95]; WHEREAS, on December 1, 2009, Landmark filed a Motion to Compel Production of Documents Withheld as Privileged [Docket No. 85], and a hearing on that motion is set for January 19, 2010 [Docket No. 97] WHEREAS, on December 17, 2009, the Court of Appeal for the State of California (Sixth Appellate District) notified the parties that it would hold oral argument in the State Court Appeal on January 12, 2010; WHEREAS, all parties agree that additional time for fact discovery is warranted in this action due to the ongoing nature of the State Court Appeal, the time consumed by the parties' separate motions directed to privilege issues, and other issues that have arisen during the course of discovery to date; NOW THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE, through their respective counsel of record, that: (1) The deadline by which all fact discovery shall be completed is extended to and including May 28, 2010; (2) The Case Management Conference currently scheduled for February 5, 2010 shall remain on calendar. IT IS SO STIPULATED.

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STIPULATION AND [PROPOSED] ORDER TO EXTEND FACT DISCOVERY DEADLINE Case No. 5:08-cv-2581 JF

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Dated: December 23, 2009

KEKER & VAN NEST LLP

By: /s/ Wendy J. Thurm WENDY J. THURM Attorneys for Defendants MORGAN, LEWIS & BOCKIUS LLP and THOMAS D. KOHLER Dated: December 23, 2009 HAYNES AND BOONE, LLP

By: /s/ Clark S. Stone CLARK S. STONE Attorneys for Plaintiff LANDMARK SCREENS, LLC Filer's Attestation: Pursuant to General Order No. 45, Section X.B. regrinding nonfiling signatories, Wendy J. Thurm hereby attests that concurrence in the filing of this Stipulation and [Proposed] Order has been obtained from Clark S. Stone.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. 1/4/10 Dated: ______________________, _______

HON. JEREMY FOGEL United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER TO EXTEND FACT DISCOVERY DEADLINE Case No. 5:08-cv-2581 JF