Actuate Corporation v. Finiti LLC

Filing 25

STIPULATION AND ORDER GRANTING REQUEST TO EXTEND DEADLINE TO MEDIATE AND EXTENSION OF CASE SCHEDULE DEADLINES re 24 Stipulation. Deadline to Complete Private ADR/Mediation: 9/30/2011. Close of All Discovery due by 12/31/2011. Last Date for Hearing Dispositive Motions by 3/2/2012. Preliminary Pretrial Conference statement due 12/6/2011. Preliminary Pretrial Conference set for 12/16/2011 11:00 AM in Courtroom 1, 5th Floor, San Jose before Hon. Edward J. Davila. ***Deadlines terminated re 23 Modified Scheduling Order. Signed by Judge Edward J. Davila on 7/29/2011. (ecg, COURT STAFF) (Filed on 7/29/2011)

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Attorncys for Defendant
Finiti Group, LLC

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Jeffi'ey H. Lowenthal (State Bar No. 111763)
Jan J. Klohonatz (State Bar No. 169792)
STEYER LOWENTHAL BOODROOKAS
ALVAREZ & SM ITH LLP
One California Street, Suite 300
San Francisco, CA 94 I I I
Tcl. No. [phone]
Facsimile No. [phone]
Email 'Iowcnthal aIste erlaw.coll1
Email 0 lOnatz ( stc er aW.eom

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O F 7/29/2011
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ACTUATE CORPORATION, a California )
corporation
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Plaintiff,)
vs.
FlNITI LLC; and DOES I through 10,
Defendants.

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5: 10-ev-02797-EJD
EJD
STIPULATION AND ORDER
EXTENDING LAST DA Y
TO MEDIATE; EXTENDING
DECLARATION
OF JAN J. KLOHONATZ
CASE SCHEDULE; DECLARATION

OF JAN J. KLOHONATZ

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STIPULATION AND ORDER EXTENDING SCHEDULE; DECLARATION OF JAN J. KLOHONATZ
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WHEREAS, upon rcassignment of the above-captioncd case to the Honorable Edward J.
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Davila, the Court on

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among othcr things, that thc partics undertakc private mediation of this case by July 29. 2011;

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about May 11, 2011 cntcrcd a Modified Scheduling Ordcr rcquiring,

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WHEREAS, thc parties have already selected and rctained a mcdiator;

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WHEREAS, the parties have encountcred difficulties scheduling ceratin depositions

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critical to thc mcdiation, some of which will require extensive travel;

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WHEREAS, the parties have determined that further discovery, in addition to what

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previously was anticipated, needs to bc conducted to be able to conduct a mcaningful mediation;

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WHEREAS, thc parties would like additional time to prcpare for and engage in the

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mediation to, among other things, conduct all the necessalY discovery and engagc in discussion

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about rcsolution ofthc easc in advancc of the mediation;

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WHEREAS, the parties would like the opportunity to cngage in a mediation sufficiently

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in advance of othcr cvcnts in the case schedule to see whether the case can be resolved. thus

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making such other cvents unnecessary;

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WHEREAS, the date for the last day to mediate has previously been modified once by

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stipulation, and the last day to mediate and the othcr dates sought to be moved by this stipulation

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and order wcrc modificd in thc Court's Modified Scheduling Order; and

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WHEREAS, the time modifications will not have a material effect on the schedule ofthc

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case as a trial date has not yet been set, the only date currently on the Court's calendar that would

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move is the Preliminary Pretrial Conference, and the parties are asking only that the specified

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events be moved by two (2) months;

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NOW, THEREFORE, WITH GOOD CAUSE APPEARING, the parties, by and through
their respective counsel, hereby agree that the case schedule be modified as follows:

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Deadline for Completion of ADRIMediation:

September 30, 20 I 1

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Close of Expert Discovery:
(Dates for designation of experts, objections
and rebuttal will be based on this date)

December 31, 20 II

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Last Date for Hearing Dispositive Motions:

March 2, 2012

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- 1STIPULATION AND ORDER EXTENDING SCHEDULE; DECLARATION OF JAN J. KLOHONATZ
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Preliminary Pretrial Conference (11 am):

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December 16, 20 I I (Friday)

Preliminary Pretrial Conference Statements;

December 6, 20 J I

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Dated: July 28, 2011

STEYER LOWENTHAL BOODROOKAS
ALVAREZ & SMITH LLP

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IODated: July 28, 20] I

LEE TRAN & LIANG APLC

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IT IS SO ORDERED.

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--.,

By'
'Dlp11CTay~
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Attorneys for Plaintiff Actuate Corporation

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Dated: July _,2011
EDWARD J. DAVILA
DlSTRJCT COURT JUDGE

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-2 STIPULATION AND ORDER EXTENDING SCHEDULE; DECLARATION OF JAN J. KLOHONATZ
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DECLARATION OF JAN J. KLOHONATZ
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I, Jan J. Klohonatz, declare as follows:

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1.

I am an attorney at law licensed to practice bcfore all of the courts of the State of

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California and before this Court. I am an attorney at the law firm of Steyer Lowenthal

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Boodrookas Alvarez & Smith LLP, attorneys of record for Defendant Finiti Group, LLC in the

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above-referenced matter. I make this Declaration of my own personal knowledge, and if called

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as a witness, I would and eould testify competently to the matters stated herein. I make this

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declaration in support of the Stipulation and Order Extending Sehedulc.

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2.

Upon reassignment of the above-eaptioned case to the Honorable Edward J.

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Davila, the Court on or about May I 1,20 11 entered a Modified Scheduling Order requiring,

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among other things, that the parties undertake private mediation of this case by July 29,2011.

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The parties already have selected and retained a mediator. Thc parties, however,

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have encountered difficulties scheduling ceratin depositions eritical'to the mediation, some of

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which will require extensive travel. The parties also have determined that further discovery, in

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addition to what previously was anticipated, needs to be conducted to be able to conduct a

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meaningful mediation

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The parties would like additional time to prepare for and engage in the mediation

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to, among other things, conduct all the neeess8lY discovery and engage in discussion about

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resolution of the case in advance of the mediation. The parties also would like the opportunity to

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engage in a mediation sufficiently in advanee of other events in the case sehcdule to see whether

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the case can be resolved, thus making such other events unnecessary

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5.

The date for the last day to mediatc has previously been modified once by

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stipulation and order, and the last day to mediate and the other dates sought to be moved by this

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stipulation and order were modified iu the Court's Modified Seheduling Order.

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-3STIPULATION AND ORDER EXTENDING SCHEDULE: DECLARATION OF JAN J, KLOHONATZ
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Thc timc modifications will not havc a material effect on thc schedule of thc case

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as a trial date has not yet been set, the only date currcntly on thc Court's calendar that would be

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affected is the Preliminary Pretrial Conference, and the parties are asking only that the specified

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events be moved by two (2) months.

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J declare under penalty ofpCljury that the foregoing is true and correct. Exccuted this
28th day ofJuly, 2011, at San Francisco, California.

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- 4STIPULATION AND ORDER EXTENDING SCHEDULE; DECLARATION OF JAN 1. KLOHONATZ
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CERTIFICATE OF SERVICE

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1 hereby certify that on July 28, 2011, I electronically filed the foregoing STIPULATION AND

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ORDER EXTENDING LAST DAY TO MEDIATE; DECLARATION OF JAN. J. KLOHONATZ

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with the Clerk of the Court using the ECF system which will send notification of such filing to all

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attorneys of record registered for electronic filing.

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/s/ Linda Rorem
Linda Rorem

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STIPULATION AND ORDER EXTENDING LAST DAY TO MEDIATE; DECLARATION OF JAN. J.
KLOHONATZ
Case No.5: lO-cv-02797-EJD