Tavant Technologies, Inc. v. Long Beach Acceptance Corp

Filing 36

STIPULATION AND ORDER 34 Modifying the Pretrial Management Schedule: Discovery cutoff 4/2/2010. Jury Trial set for 9/20/2010 01:30 PM in Courtroom 6, 4th Floor, San Jose. Motion Hearing set for 7/2/2010 09:00 AM in Courtroom 6, 4th Floor, San Jose. Pretrial Conference set for 9/9/2010 02:00 PM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 10/14/09. (jg, COURT STAFF) (Filed on 10/14/2009)

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A Professional Corporation San Jose

MICHAEL J. IOANNOU (SBN 95208) [e-mail] ELISE R. VASQUEZ (SBN 201190) [e-mail] ROPERS, MAJESKI, KOHN & BENTLEY 50 West San Fernando Street, Suite 1400 San Jose, CA 95113-2429 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff TAVANT TECHNOLOGIES, INC. *E-FILED - 10/14/09*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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TAVANT TECHNOLOGIES, INC., Plaintiff, v. LONG BEACH ACCEPTANCE CORPORATION, et al., Defendants.

CASE NO. C08 3582 RMW STIPULATED REQUEST FOR AN ORDER MODIFYING THE PRE-TRIAL MANAGEMENT SCHEDULE; [] ORDER

Judge: The Honorable Ronald M. Whyte

Plaintiff Tavant Technologies, Inc. ("Tavant") and Defendant Long Beach Acceptance Corporation ("LBAC"), through their respective counsel, hereby stipulate and respectfully request the Court for an order as follows: 1. On January 21, 2009, the parties participated in an early settlement conference

with Magistrate Judge Howard R. Lloyd. While the parties were unable to settle the matter, significant moves were made toward resolution of this matter; 2. The parties agreed to mediate this matter again with Judge Reed Ambler at JAMS.

The date for this mediation is confirmed for November 18, 2009; 3. The parties submit that there is a significant delay between the early settlement

conference and the new mediation date. This time delay was primarily needed to confirm
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Stip. To Extend Dates; [ Order C08 3582 RMW

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A Professional Corporation San Jose

insurance coverage for Tavant's defense of LBAC's counterclaim. Good cause exists for the requested modification of the Pre-Trial Management Schedule as the parties are participating in their second settlement conference on November 18, 2009 with Judge Reed Ambler. For that reason, the parties respectfully request the following modification in the Pre-Trial Management Schedule: Pr-Trial Management Requested Modified Schedule Schedule Fact Discovery Cut-Off Expert Disclosure and Reports November 20, 2009 December 4, 2009 April 2, 2010 April 16, 2010 April 30, 2010 May 14, 2010 July 2, 2010 September 3, 2010 September 9, 2010 September 20, 2010

Rebuttal Expert Disclosure and Reports January 10, 2010 Expert Discovery Cut-Off Hearing on Dispositive Motions Joint Pre-Trial Statement Pre-Trial Conference Trial Date February 9, 2010 March 19, 2010 May 28, 2010 June 3, 2010 June 21, 2010

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This is the parties' first stipulation and request to modify the Pre-Trial Management Schedule. The parties, however, previously stipulated regarding an extension for the Initial Case Management Conference in order to conduct the early settlement conference with Judge Howard Lloyd and continue settlement discussions. (See Docket numbers 9 and 28). It is so stipulated. Dated: September 25, 2009 ROPERS, MAJESKI, KOHN & BENTLEY

By: /s/ Elise R. Vasquez MICHAEL J. IOANNOU ELISE R. VASQUEZ Attorneys for Plaintiff TAVANT TECHNOLOGIES, INC.

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Stip. To Extend Dates; [ Order C08 3582 RMW

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A Professional Corporation San Jose

Dated: September 25, 2009

FOLEY & LARDNER LLP

By: /s/ Chad R. Fuller CHAD R. FULLER Attorneys for Defendant LONG BEACH ACCEPTANCE CORPORATION I, Elise R. Vasquez, am the ECF user whose identification and password are being used to file this stipulation. In compliance with General Order 45.X.B, I hereby attest that the other signatory has concurred in this filing. Dated: September 25, 2009 ROPERS, MAJESKI, KOHN & BENTLEY

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By: /s/ Elise R. Vasquez MICHAEL J. IOANNOU ELISE R. VASQUEZ Attorneys for Plaintiff TAVANT TECHNOLOGIES, INC.

ORDER Good cause appearing, IT IS HEREBY ORDERED: 1. That the Pre-Trial Management Schedule is hereby modified as follows: Pre-Trial Management Requested Modified Schedule Schedule Fact Discovery Cut-Off Expert Disclosure and Reports November 20, 2009 December 4, 2009 April 2, 2010 April 16, 2010 April 30, 2010 May 14, 2010 July 2, 2010 September 3, 2010
Stip. To Extend Dates; [] Order C08 3582 RMW

Rebuttal Expert Disclosure and Reports January 10, 2010 February 9, 2010 March 19, 2010 May 28, 2010 -3-

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A Professional Corporation San Jose

Pre-Trial Conference Trial Date 10/ _____ Dated:_____14/09 ______________

June 3, 2010 June 21, 2010

September 9, 2010 September 21, 2010

_________________________________________ RONALD M. WHYTE United States District Court Judge

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Stip. To Extend Dates; [] Order C08 3582 RMW