Cryotech International, Inc. v. Technifab Products, Inc.

Filing 38

STIPULATION AND ORDER re 37 Stipulation, filed by Cryotech International, Inc. Signed by Judge Howard R. Lloyd on 3/6/09. (hrllc1, COURT STAFF) (Filed on 3/6/2009)

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Case 5:08-cv-02921-HRL Document 37 Filed 03/05/2009 Page 1 of 5 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 DAVID R. JOHANSON, ESQ. (Bar No. 164141) JOHANSON BERENSON, LLP 1792 Second Street Napa, California 94559 Tel: (707) 226-8997 Facsimile: (707) 229-2493 E-Mail: drj@johansonberenson.com Attorneys for CRYOTECH INTERNATIONAL, INC. DOUGLAS A. RUBEL, ESQ. (Pro Hac Vice) JOHANSON BERENSON, LLP 201 Shannon Oaks Circle, Suite 200 Cary, North Carolina 27511 Telephone: (919) 654-4544 Facsimile: (919) 654-4545 E-Mail: dar@johansonberenson.com Attorneys for CRYOTECH INTERNATIONAL, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CRYOTECH INTERNATIONAL, INC., a Delaware Corporation, fka VBS INDUSTRIES INCORPORATED Plaintiff, vs. TECHNIFAB PRODUCTS, INC., an Indiana Corporation; and DOES 1-50 inclusive Defendants. Case No. C08 02921 HRL Complaint filed June 12, 2008 STIPULATION AND REQUEST FOR ORDER MODIFYING SCHEDULING ORDER AND ENLARGING DEADLINES FOR DISCOVERY AND EXPERT WITNESS DESIGNATIONS AND REPORTS Magistrate Judge Howard R. Lloyd As previously noted in the parties' Stipulation and Request For Order Extending Deadlines For Dates Outlines in Case Management Scheduling Order [Doc. No. 31, dated December 17, 2008], the parties exchanged initial written discovery which led to several telephone calls as to how best to exchange information necessary to evaluate the case and maintain confidentiality of confidential and proprietary information, trade secrets, and intellectual property. In the course of those discussions, the parties determined and agreed that an early mediation of the case was indeed possible and perhaps more practical than extended discovery followed by mediation. After further discussion, the parties agreed that if the Court would agree to extend the deadlines for discovery cutoff and expert disclosure, the parties would elect Court STIPULATION AND REQUEST FOR ORDER MODIFYING SCHEDULING ORDER AND ENLARGING DEADLINES FOR DISCOVERY AND EXPERT WITNESS DESIGNATIONS Case 5:08-cv-02921-HRL Document 37 Filed 03/05/2009 Page 2 of 5 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 Supervised Mediation and work with the Court appointed mediator to establish a protocol for exchange of documents and information necessary to conduct a meaningful mediation. [Doc. No. 31.] The Court granted the parties' Stipulation and Request, and modified the Scheduling Order so the deadlines are currently as follows: Fact Discovery Cutoff - March 6, 2009; Expert Witness Designations and Reports - March 20, 2009; Designations of Rebuttal Experts and Reports - April 6, 2009; Expert Discovery Cutoff May 8, 2009; last day for hearings on dispositive motions -June 9, 2009; and July 14, 2009 - Pre-Trial Conference. Scheduling Order dated December 18, 2008 [Doc. No. 32]. The parties did commence "paper" discovery in this case and had scheduled depositions. Further to its Stipulation and Request, the parties agreed to hold in abeyance the depositions and completion of full paper discovery responses pending the parties' mediation, which mediation was held on February 24, 2009, with Mediator Geoff Howard, a court-appointed mediator [Doc. No. 33, dated January 7, 2009]. Instead, as part of the mediation, the parties agreed to conduct "limited" discovery for the purposes of mediation. The "limited" nature of the discovery was to allow the parties to obtain certain information from each other that would aid in the resolution of the case, but would not necessarily encompass all information necessary for a trial. The parties attended mediation on February 24, 2009, however, they were and have been unable to settle this case. The parties thus request additional time to conduct discovery and to designate expert witnesses and reports, however, they are unable to do so without an enlargement of the deadlines for discovery and expert witness designations and reports. Thus, the parties request an enlargement of the fact discovery cutoff deadline from Friday, March 6, 2009, to Friday, May 29, 2009, an enlargement of the Friday, March 20, 2009, Expert Witness Designations and Reports deadline to Friday, April 17, 2009, and an enlargement of the Monday, April 6, 2009, Designation of Rebuttal Experts and Reports deadline to Thursday, May 14, 2009, and an enlargement of the Expert Discovery deadline from Friday, May 8, 2009, to Friday, May 29, 2009. These requested enlargements will not impact the other deadlines. STIPULATION AND REQUEST FOR ORDER MODIFYING SCHEDULING ORDER AND ENLARGING DEADLINES FOR DISCOVERY AND EXPERT WITNESS DESIGNATIONS Trial is scheduled for July 27, 2009. 2 Case 5:08-cv-02921-HRL Document 37 Filed 03/05/2009 Page 3 of 5 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 Good cause exists for this Court to exercise its discretion and enlarge the times in which the parties have to conduct discovery and designate their experts and reports. The parties diligently prepared for and conducted the mediation on February 24, 2009. The parties were diligent in assisting the Court in creating a workable Rule 16 scheduling order. Their noncompliance with the Scheduling Order's deadlines occurred or will occur notwithstanding diligent efforts to comply because of developments that were not reasonably anticipated at the time of the Rule 16 scheduling conference; and the parties are diligent in seeking an amendment of the Scheduling Order once it became apparent that the parties could not comply with the existing Scheduling Order. If the Court approves, the Parties would propose the following amended schedule: EVENT Fact Discovery Cutoff Designation of Experts With Reports Designation of Rebuttal Experts With Reports Expert Discovery Cutoff Last Day for Hearings on Dispositive Motions Final Pre-Trial Conference Bench Trial EXISTING DATE March 6, 2009 March 20, 2009 April 6, 2009 May 8, 2009 June 9, 2009 July 14, 2009 July 27, 2009 PROPOSED DATE May 29, 2009 April 17, 2009 May 14, 2009 May 29, 2009 June 9, 2009 July 14, 2009 July 27, 2009 IT IS HEREBY STIPULATED: Respectfully submitted, JOHANSON BERENSON LLP Dated: March 3, 2009 By: /s/ Douglas A. Rubel DOUGLAS A. RUBEL Attorneys for Plaintiff Cryotech International, Inc. STIPULATION AND REQUEST FOR ORDER MODIFYING SCHEDULING ORDER AND ENLARGING DEADLINES FOR DISCOVERY AND EXPERT WITNESS DESIGNATIONS 3 Case 5:08-cv-02921-HRL Document 37 Filed 03/05/2009 Page 4 of 5 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 4 6 Dated: March __, 2009 ROBINSON & WOOD, INC. Dated: March 3, 2009 By: /s/ Arthur J. Casey ARTHUR J. CASEY Attorneys for Defendant Technifab Products, Inc. ORDER Good cause thereby appearing the Scheduling Order is amended as proposed. HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE STIPULATION AND REQUEST FOR ORDER MODIFYING SCHEDULING ORDER AND ENLARGING DEADLINES FOR DISCOVERY AND EXPERT WITNESS DESIGNATIONS Case 5:08-cv-02921-HRL Document 37 Filed 03/05/2009 Page 5 of 5 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 Certificate of Service I hereby certify that on March 4, 2009, we filed electronically a true and correct copy of STIPULATION AND REQUEST FOR ORDER MODIFYING SCHEDULING ORDER AND ENLARGING DEADLINES FOR DISCOVERY AND EXPERT WITNESS DESIGNATIONS AND REPORTS. Notice of the filing was sent by operation of the Court's electronic filing system to the parties indicated below. All other parties will be served by regular U.S. mail. Parties may access this filing through the Court's electronic filing system. DAVID R. JOHANSON, ESQ. JOHANSON BERENSON, LLP 1792 Second Street Napa, California 94559 drj@esop-law.com ARTHUR J. CASEY, ESQ. (Bar No. 123273) CARRIE M. DUPIC, ESQ. (Bar No. 240252) ROBINSON & WOOD, INC. 227 North First Street San Jose, California 95113-1016 AJC@robinsonwood.com MARK HASSLER, ESQ. (Pro Hac Vice) HUNT, HASSLER & LORENZ, LLP 100 Cherry Street Post Office Box 1527 Terre Haute, Indiana 47808-1527 hassler@huntlawfirm.net /s/ Douglas A. Rubel DOUGLAS A. RUBEL Attorneys for Cryotech International, Inc. STIPULATION AND REQUEST FOR ORDER MODIFYING SCHEDULING ORDER AND ENLARGING DEADLINES FOR DISCOVERY AND EXPERT WITNESS DESIGNATIONS 5

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