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

Filing 143

STIPULATION AND ORDER TO EXTEND FACT DISCOVERY DEADLINE FOR PURPOSE OF COMPLETING PREVIOUSLY NOTICED DEPOSITIONS (approving 142 ). Signed by Judge Jeremy Fogel on 8/27/2010. (jflc2, COURT STAFF) (Filed on 8/27/2010)

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

Doc. 143

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CLARK S. STONE (SBN 202123) STEVEN M. LEVITAN (SBN 148716) INCHAN A. KWON (SBN 247614) HAYNES AND BOONE, LLP 2033 Gateway Place, Suite 400 San Jose, California 95110 Telephone: [phone] Facsimile: [phone] E-mail:[e-mail] [e-mail] [e-mail] Attorneys for Plaintiff LANDMARK SCREENS, LLC ELLIOT R. PETERS (SBN 158703) WENDY J. THURM (SBN 163558) STEVEN P. RAGLAND (SBN 221076) JOHN E. TRINIDAD (SBN 250468) KEKER & VAN NEST LLP 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Defendants MORGAN, LEWIS & BOCKIUS LLP and THOMAS D. KOHLER

**E-Filed 8/27/2010**

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 (HRL) STIPULATION AND ------------------[PROPOSED] ORDER TO EXTEND FACT DISCOVERY DEADLINE FOR PURPOSE OF COMPLETING PREVIOUSLY NOTICED DEPOSITIONS Judge: Hon. Jeremy Fogel Courtroom 3

Complaint Filed: May 21, 2008 Trial Date: None set

STIPULATION AND [PROPOSED] ORDER TO EXTEND FACT DISCOVERY DEADLINE FOR PURPOSE OF COMPLETING PREVIOUSLY NOTICED DEPOSITIONS­ CASE NO. 5:08-cv-2581 JF (HRL)

Dockets.Justia.com

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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 (collectively with MLB, "Defendants") as follows: WHEREAS, on May 14, 2010, the Court set an August 26, 2010 fact discovery cut-off and scheduled a Case Management Conference for September 10, 2010; WHEREAS, on August 13, 2010, the Court continued the September 10, 2010 Case Management Conference to September 17, 2010; WHEREAS, on July 6, 2010, Defendants filed a Motion to Compel Fed. R. Civ. P. 30(b)(6) Designations and Testimony of Landmark ("Defendants' Motion to Compel"); WHEREAS, on August 13, 2010, Magistrate Judge Howard Lloyd, granting in part and denying in part Defendants' Motion to Compel, ordered Landmark to designate a Rule 30(b)(6) witness to testify on 13 deposition topics (the "Magistrate's Order"); WHEREAS, on or before August 27, 2010, Landmark intends to file objections to the Magistrate's Order; WHEREAS, until resolution of Landmark's objections to the Magistrate's Order, the parties do not know what additional Rule 30(b)(6) deposition testimony Landmark will be required to present; WHEREAS, MLB has designated two witnesses for Rule 30(b)(6) depositions in Philadelphia, and Landmark has noticed the deposition of an additional MLB witness located in Philadelphia; WHEREAS, due to scheduling conflicts, the parties have been unable to schedule the Philadelphia depositions until October 13-14, 2010; WHEREAS, Landmark has noticed the deposition of a former MLB partner in San Francisco; WHEREAS, due to scheduling conflicts, the parties were unable to schedule the San Francisco deposition for July or August 2010 and are currently attempting to schedule the deposition for a date in September 2010; and

STIPULATION AND [PROPOSED] ORDER TO EXTEND FACT DISCOVERY DEADLINE FOR PURPOSE OF COMPLETING PREVIOUSLY NOTICED DEPOSITIONS­ CASE NO. 5:08-cv-2581 JF (HRL)

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WHEREAS, the parties require additional time to complete these previously noticed depositions and agree that an extension of the fact discovery deadline for the purpose of completing these depositions is warranted given that the Philadelphia depositions are scheduled for October 13-14, 2010, the deposition of a former MLB partner in San Francisco has yet to be scheduled, and, until resolution of Landmark's objections to the Magistrate's Order, it is uncertain what additional Rule 30(b)(6) deposition testimony Landmark will be required to present. NOW THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE, through their respective counsel of record, that: 1) The fact discovery deadline shall be extended to October 21, 2010 for the purpose

of completing the previously noticed depositions listed above; 2) Should the parties be unable to complete these depositions prior to October 21,

2010, despite best efforts to coordinate scheduling, the fact discovery cut-off shall be further extended as necessary for that limited purpose; and 3) The Case Management Conference currently scheduled for September 17, 2010

shall remain on calendar. IT IS SO STIPULATED. DATED: August 26, 2010 HAYNES AND BOONE, LLP By: /s/ Clark S. Stone Clark S. Stone Attorneys for Plaintiff LANDMARK SCREENS, LLC

DATED: August 26, 2010

KEKER AND VAN NEST LLP By: /s/ Steven P. Ragland Steven P. Ragland Attorneys for Defendants MORGAN, LEWIS & BOCKIUS LLP and THOMAS D. KOHLER Filer's Attestation: Pursuant to General Order No. 45, Section X.B. regarding non-filing signatories, Clark S. Stone hereby attests that concurrence in the filing of this Stipulation has been obtained from Steven P. Ragland

STIPULATION AND [PROPOSED] ORDER TO EXTEND FACT DISCOVERY DEADLINE FOR PURPOSE OF COMPLETING PREVIOUSLY NOTICED DEPOSITIONS­ CASE NO. 5:08-cv-2581 JF (HRL)

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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 27 Dated: August ____, 2010

------------------- ORDER [PROPOSED] PURSUANT TO STIPULATION, IT IS SO ORDERED.

HON. JEREMY FOGEL United States District Judge

STIPULATION AND [PROPOSED] ORDER TO EXTEND FACT DISCOVERY DEADLINE FOR PURPOSE OF COMPLETING PREVIOUSLY NOTICED DEPOSITIONS­ CASE NO. 5:08-cv-2581 JF (HRL)

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