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

Filing 92

STIPULATION AND ORDER re 91 Stipulation Extending Deadline for Fact Discovery filed by Cryotech International, Inc. Signed by Magistrate Judge Howard R. Lloyd on 6/12/2009. (hrllc1, COURT STAFF) (Filed on 6/12/2009)

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Case5:08-cv-02921-HRL Document91 Filed06/11/09 Page1 of 3 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 1776 Second Street Napa, California 94559 Telephone: (707) 226-8997 Facsimile: (707) 5811704 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 Attorneys for Plaintiff CRYOTECH INTERNATIONAL, INC. ** E-Filed 06/12/09 ** 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. Magistrate Judge Howard R. Lloyd Case No. C08 02921 HRL Complaint filed June 12, 2008 JOINT STIPULATION AND REQUEST FOR ORDER EXTENDING DEADLINE FOR FACT DISCOVERY The parties jointly agree that the time set out in the Modified Stipulation and Request for Order Modifying Scheduling Order and Enlarging Deadlines for Discovery and Simultaneous Expert Witness Designations and Reports and Rebuttals, Dispositive Motions, and Pre-Trial and Trial Proceedings [Doc. No. 41, filed April 20, 2009], will not allow sufficient time to conduct all of the necessary depositions before the August 31, 2009, Fact Discovery Cutoff date. Plaintiff's and Defendants' counsel have agreed to extend the Fact Discovery Cutoff from August 31, 2009, to September 30, 2009. Good cause exists for this Court to exercise its discretion and extend the Fact Discovery Cutoff. The parties noncompliance with the Scheduling Order's deadlines would occur JOINT STIPULATION AND REQUEST FOR ORDER EXTENDING DEADLINE FOR FACT DISCOVERY Case5:08-cv-02921-HRL Document91 Filed06/11/09 Page2 of 3 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 notwithstanding diligent efforts to comply because of developments (i.e., Mr. Rubel's surgery and the parties' counsel's trial and other schedules) 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 with respect to the Fact Discovery Cutoff, only. If this Court approves, the parties would extend the Fact Discovery Cutoff to September 30, 2009. IT IS HEREBY STIPULATED, that the deadline for Fact Discovery Cutoff is extended from August 31, 2009, to September 30, 2009. Respectfully submitted, JOHANSON BERENSON LLP Dated: June 11, 2009 By: /s/ Douglas A. Rubel DOUGLAS A. RUBEL Attorneys for Plaintiff Cryotech International, Inc. ROBINSON & WOOD, INC. Dated: June 11, 2009 By: /s/ Arthur J. Casey ARTHUR J. CASEY Attorneys for Defendant Technifab Products, Inc. ORDER Good cause thereby appearing the Fact Discovery Cutoff is extended from August 31, 2009 to September 30, 2009. Dated: June 12 , 2009 HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE 2 JOINT STIPULATION AND REQUEST FOR ORDER EXTENDING DEADLINE FOR FACT DISCOVERY

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