E&E, Co LTD v. Divatex Home Fashion, Inc. et al

Filing 66

STIPULATION AND ORDER 65 Modifying Scheduling Order: Jury Trial set for 8/2/2010 01:30 PM in Courtroom 6, 4th Floor, San Jose. Motion Hearing set for 6/18/2010 09:00 AM in Courtroom 6, 4th Floor, San Jose. Pretrial Conference set for 7/16/2010 02:00 PM in Courtroom 6, 4th Floor, San Jose. Discovery cutoff 4/1/2010. Signed by Judge Ronald M. Whyte on 12/21/09. (jg, COURT STAFF) (Filed on 12/21/2009)

1 2 3 4 5 6 7 8 9 10 Ropers Majeski Kohn & Bentley 11
A Professional Corporation Redwood City

ROBERT P. ANDRIS (SBN 130290) LAEL D. ANDARA (SBN 215416) ROPERS, MAJESKI, KOHN & BENTLEY 1001 Marshall Street, Suite 300 Redwood City, CA 94063-2052 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] KENNETH R. SCHACHTER SILLS, CUMMIS & GROSS P.C. One Rockefeller Plaza New York, NY 10020 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Appearing Pro Hac Vice Attorneys for Defendant DIVATEX HOME FASHION, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

*E-FILED - 12/21/09*

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E&E CO., LTD., a California corporation, Plaintiff,

CASE NO. 5:08-CV-05660-RMW MOTION TO MODIFY SCHEDULING ORDER: DISCOVERY STIPULATION AND [] ORDER [Fed. Rule. Civ. Proc. 16]

DIVATEX HOME FASHION, INC., a New York corporation, et al., Defendants.

Complaint Filed: December 18, 2008

Plaintiff E&E Co., Ltd. and Defendant Divatex Home Fashion, Inc., through their respective undersigned counsel, stipulate that there is good cause to modify the scheduling order to allow sufficient time to complete written discovery and depositions previously served. WHEREAS the Court's current scheduling order of August 11, 2009, creates an obligation on the parties to complete fact discovery by December 15, 2009, the parties have stipulated and respectfully request the Court modify the deadlines as set forth in order to prevent
RC1/5449215.1/LB4

MOTION TO MODIFY SCHEDULING ORDER; DISCOVERY STIPULATION AND [ ORDER - 5:08-CV-05660-RMW

1 2 3 4 5 6 7 8 9 10 Ropers Majeski Kohn & Bentley 11
A Professional Corporation Redwood City

motion practice and expedited expense related to holiday travel of key personnel: EVENT Discovery Cut-off Expert Disclosure/Reports Expert Rebuttal Reports Expert Cut-off CURRENT DEADLINE December 15, 2009 January 15, 2009 February 1, 2010 March 1, 2010 STIPULATED DEADLINE February 15, 2010 February 15, 2010 March 1, 2010 April 1, 2010

WHEREAS E&E's CEO Edmund Jin and other key employees of plaintiff are out of the country until after December 15, 2009, and unable to be deposed; WHEREAS Divatex Home Fashion Inc.'s employees will be deposed in New York, requiring extensive scheduling and travel to be made; WHEREAS the plaintiff has attempted to produce substantive responses to written discovery on a timely basis, but many of its key personnel are out of the country for the holidays and the remaining staff is in its busiest time of year, the parties agree that rather than do piecemeal production that will likely result in serial motions to compel, a thirty day extension until January 14, 2010 will reduce cost and delay as a result of holiday travel plans, and will allow adequate time for production of written discovery prior to the depositions; WHEREAS the parties agree that this does not reopen discovery for all purposes, but rather allows for completion of discovery previously served prior to the December 15, 2009 deadline; and WHEREAS counsel recognize that there is good cause to modify the scheduling order and that the parties have worked in good faith to meet the deadline previously been set by the Court, but based on circumstances beyond their control, cannot reasonably meet the set deadlines. The parties in the above-captioned matter, by and through their attorneys of record, hereby stipulate and jointly request that this Court extend all the fact and expert discovery dates by one month for the purpose of allowing the parties to conduct the fact depositions previously discussed pursuant to Local Rule 30-1 and in turn allow the experts to consider the deposition testimony that may be taken as it may be relevant to their expert opinions. ///
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MOTION TO MODIFY SCHEDULING ORDER; DISCOVERY STIPULATION AND [] ORDER - 5:08-CV-05660-RMW

1 2 3 4 5 6 7 8 9 10 Ropers Majeski Kohn & Bentley 11
A Professional Corporation Redwood City

Dated: December 14, 2009

SHARTSIS FRIESE LLP By: /s/ Felicia A. Draper FELICIA A. DRAPER Attorneys for Plaintiff E&E CO., LTD.

Dated: December 14, 2009

ROPERS, MAJESKI, KOHN & BENTLEY

By: /s/ Lael D. Andara ROBERT P. ANDRIS LAEL D. ANDARA Attorneys for Defendant DIVATEX HOME FASHION, INC.

[] ORDER The Scheduling Order of August 11, 2009, is hereby modified as follows: 1. The Court referred the case to Court Mediation which was conducted on

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November 18, 2009. 2. 3. 4. 5. 6. 7. 8. 9. The Discovery cutoff is February 15, 2010. Disclosure of experts is set for February 15, 2010. Disclosure of rebuttal experts is set for March 1, 2010. Expert discovery cutoff is set for April 1, 2010. 18 A hearing is scheduled for dispositive motions on June _____, 2010 at 9 a.m.. The Pretrial Conference Statement is due July __16 __, 2010. __ 22 The Pretrial Conference is scheduled for July _____, 2010, at 2 p.m. 2 The trial date is August _____, 2010, at 1:30 p.m., before a jury.

IT IS SO ORDERED: Dated: ______________________ HONORABLE RONALD M. WHYTE UNITED DISTRICT COURT JUDGE

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MOTION TO MODIFY SCHEDULING ORDER; DISCOVERY STIPULATION AND [] ORDER - 5:08-CV-05660-RMW