Buxton v. Eagle Test Systems, Inc.

Filing 139

STIPULATION AND ORDER 136 & 137 to Continue Trial and Pretrial Deadlines. The Court Vacates the Pretrial Conference and Trial Date. Case Management Conference set for 4/22/2011 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 3/30/11. (jg, COURT STAFF) (Filed on 3/30/2011)

Buxton v. Eagle Test Systems, Inc.

Doc. 139

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SEYFARTH SHAW LLP Michael J. Burns (SBN 172614) [e-mail] Ari Hersher (SBN 260321) [e-mail] 560 Mission Street, Suite 3100 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant EAGLE TEST SYSTEMS, INC. BOHN & BOHN LLP Robert H. Bohn (SBN 36283) [e-mail] 152 North Third Street, Suite 200 San Jose, California 95112 Telephone: [phone] Facsimile: [phone] Attorney for Plaintiff DALE ROYAL BUXTON UNITED STATES DISTRICT COURT *E-FILED - 3/30/11*

12 IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA 13 SAN JOSE OFFICE 14 DALE ROYAL BUXTON, 15 Plaintiff, 16 v. 17 EAGLE TEST SYSTEMS, INC., 18 Defendant. 19 20 21 22 23 24 25 26 27 28 -1Stipulation and [] Order to Continue Trial and Pre-Trial Deadlines; Case No. C08-04404 RMW
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Case No. C08-04404 RMW JOINT STIPULATION AND [] ORDER TO CONTINUE TRIAL AND PRE-TRIAL DEADLINES

The Parties to the above entitled action, Eagle Test Systems, Inc. ("Defendant") and Dale Royal Buxton ("Plaintiff") (collectively referred to as the "Parties"), by and through their undersigned counsel, hereby stipulate and agree as follows: 1. 2. 3. 4. WHEREAS, the trial in this matter is currently scheduled for April 25, 2011; WHEREAS, the Pre-Trial Conference is currently scheduled for April 7, 2011; WHEREAS, the Joint Pre-Trial statement is due April 1, 2011; WHEREAS, the expert discovery cut-off was March 18, 2011;

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5.

WHEREAS, on November 23, 2010, Defendant filed a Motion for Summary

Judgment and/or Adjudication ("Defendant's Motion"), seeking dismissal of all claims for which there is no genuine issue of material fact; 6. WHEREAS, on March 1, 2011, the Parties jointly filed a letter with the Court,

requesting a case management conference, extension of the pre-trial deadlines, and/or a brief trial continuance; 7. WHEREAS, on March 4, 2011, this Court issued an Order ("March 4th Order"),

instructing the Parties to meet and confer regarding a proposed schedule for pre-trial preparation, in light of the fact that the Court anticipated issuing an order on Defendant's Motion by March 18, 2011. 8. WHEREAS, the March 4th Order further stated that, if the Court did not issue a

ruling on Defendant's Motion by March 18, 2011, the parties were to further meet and confer regarding the pre-trial schedule and a trial continuance. 9. WHEREAS, on March 7, 2011, the Parties met and conferred, and agreed to

stipulate to a brief continuance of the pre-trial deadlines; 10. WHEREAS, on March 10, 2011, the Parties filed a Joint Stipulation to Continue

the Pre-Trial deadlines; 11. WHEREAS, on March 21, 2011, the parties further met and conferred and

specifically agreed to a continuance of the pre-trial deadlines and trial date in accordance with the following calendar: a. The trial date is continued 30-90 days, based on the Court's availability and the availability of counsel; b. The pre-trial conference, expert discovery and pre-trial filing deadlines (as stated in Judge Whyte's Standing Order Re: Pre-Trial Preparation) will be continued in accordance with the new trial date; c. The parties request a Case Management Conference in order to set a new trial date and re-set all pre-trial deadlines;

-2Stipulation and [] Order to Continue Trial and Pre-Trial Deadlines; Case No. C08-04404 RMW

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d. The expert witness disclosure deadline is closed; e. Defendant will produce its expert witness report on a date to be determined at the Case Management Conference WHEREAS, the Parties have agreed not to reopen discovery in this matter (other

than expert discovery), and that any further discovery can only be accomplished by stipulation or Court order; NOW THEREFORE, all Parties hereto stipulate and agree that the Court may enter an Order, vacating the current trial date and setting a Case Management Conference in order to set a new trial date and re-set pre-trial deadlines, in accordance with Section 11(a-e) above. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

DATED: March 21, 2011 13 14

SEYFARTH SHAW LLP

By 15 16 17 DATED: March 21, 2011 18 19 20 21 22 23 24 25 26 27 28 -3BY

/s/ Ari Hersher

Attorneys for Defendant EAGLE TEST SYSTEMS, INC. BOHN & BOHN LLP /s/ Robert H. Bohn

Attorney for Plaintiff DALE ROYAL BUXTON

Stipulation and [] Order to Continue Trial and Pre-Trial Deadlines; Case No. C08-04404 RMW

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PURSUANT TO STIPULATION, IT IS SO ORDERED. 3/30/11 DATED: ___________________ _________________________________ Hon. Ronald M. Whyte United States District Judge

The Court vacates the Pretrial Conference, Pretrial deadlines, and Trial date. The Court hereby sets a Case Management Conference for April 22, 2011 at 10:30 am.

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Stipulation and [] Order to Continue Trial and Pre-Trial Deadlines; Case No. C08-04404 RMW