Actuate Corporation v. Finiti LLC

Filing 53

STIPULATION AND ORDER AS MODIFIED BY THE COURT re 52 STIPULATION WITH PROPOSED ORDER Regarding Mediation Plan and Discovery Schedule. Fact Discovery cutoff 7/30/2012. Last Date for Filing Dispositive Motions due by 8/1/2012. Expert Discovery cu toff 8/1/2012. Preliminary Pretrial Statement due by 8/14/2012. Preliminary Pretrial Conference set for 8/24/2012 11:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Please see Order for further specifics. Signed by Judge Edward J. Davila on 4/23/2012. (ecg, COURT STAFF) (Filed on 4/23/2012)

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STEYER LOWENTHAL BOODROOKAS
ALVAREZ & SMITH LLP
Jeffrey H. Lowenthal (State Bar No.111763)
Edward Egan Smith (State Bar No. 169792)
Jan J. Klohonatz (State Bar No. 111718)
One California Street, Third Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant and
Counter-Claimant Finiti Group LLC
LEE TRAN & LIANG APLC
James M. Lee (State Bar No. 192301)
601 S. Figueroa Street, Suite 4025
Los Angeles, CA 90017
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff and
Counter-Defendant Actuate Corporation

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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)
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Plaintiff,
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vs.
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FINITI LLC; and DOES 1 through 10,
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Defendants.
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AND RELATED COUNTER-CLAIMS.
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ACTUATE CORPORATION, a California
corporation

CASE NO. 5:10-cv-02797-EJD
STIPULATION AND PROPOSED
ORDER REGARDING MEDIATION
PLAN AND DISCOVERY SCHEDULE.

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STIPULATION AND PROPOSED ORDER REGARDING MEDIATION PLAN AND DISCOVERY SCHEDULE.
CASE NO. 5:10-cv-02707-EJD

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By this stipulation and order, the parties to the above-captioned action respectfully

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request the pre-trial deadlines be continued for sixty (60) days. Parties previously mediated the

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matter on March 28, 2012 but believe the matter is close to possible resolution and that with a

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second day, the matter may settle. There is no trial date in this case. Accordingly, the parties

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stipulate as follows:

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WHEREAS, the present the Court set the following pre-trial deadlines pursuant to the

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December 13, 2011Case Management Order (Docket No. 44), as modified by the Court’s

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January 31, 2012 Order (Docket no. 46):

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1. Designation of Opening Experts with Reports

April 27, 2012;

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2. Designation of Rebuttal Experts with Reports

May 16, 2012;

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3. Fact Discovery Cutoff

May 29, 2012;

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4. Joint Preliminary Pre-Trial Conference Statement

May 29, 2012;

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5. Expert Discovery Cutoff

May 31, 2012;

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6. Deadline for Filing Dispositive Motions

May 31, 2012;

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7. Preliminary Pre-Trial Conference

June 8, 2012.

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WHEREAS, the Parties previously mediated the matter on March 28, 2012 for the full

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day but believe the matter is close to possible resolution and that with a second half day of

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mediation, the matter may settle;

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WHEREAS, in an attempt to enable the parties sufficient time to mediate and to avoid

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further unnecessary burden or expense of complying with discovery in the meantime, the parties

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wish to extend the pre-trial deadlines approximately sixty (60) days so the Parties may complete

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discovery and pre-trial preparation should the matter not settle;

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NOW, THEREFORE, the parties, by and through their respective counsel, hereby
stipulate and agree that:

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A. The current pre-trial deadlines shall be extended as follows:

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1. Designation of Opening Experts with Reports

June 28, 2012;

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2. Designation of Rebuttal Experts with Reports

July 16, 2012;

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-1STIPULATION AND PROPOSED ORDER REGARDING MEDIATION PLAN AND DISCOVERY SCHEDULE.
CASE NO. 5:10-cv-02707-EJD
S:\F\Finiti\Pleadings\Stipulation For Mediation Plan And Discovery Extension 4-18 FINAL.Docx

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3. Fact Discovery Cutoff

July 30, 2012;

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4. Joint Preliminary PreTrial Conference Statement

TBD;
August 14, 2012

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5. Expert Discovery Cutoff

August 1, 2012;

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6. Deadline for Filing Dispositive Motions

August 1, 2012;

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7. Preliminary Pre-Trial Conference

TBD.
August 24, 2012,
at 11:00 a.m.

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B.

The parties will complete their continued mediation session in May 2012.

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Dated: April 19, 2012
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STEYER LOWENTHAL BOODROOKAS
ALVAREZ & SMITH LLP

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By: _ /s/ Edward Egan Smith
Jeffrey H. Lowenthal
Edward Egan Smith
Attorneys for Defendant and Counter-Claimant
Finiti Group, LLC

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Dated: April 19, 2012

LEE TRAN & LIANG APLC

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By:

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/s/ James Lee
James Lee
Attorneys for Plaintiff and Counter-Defendant
Actuate Corporation

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PURSUANT TO STIPULATION, IT IS SO ORDERED.AS MODIFIED.

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Dated: April 23 2012
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EDWARD J. DAVILA
DISTRICT COURT JUDGE

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-2STIPULATION AND PROPOSED ORDER REGARDING MEDIATION PLAN AND DISCOVERY SCHEDULE.
CASE NO. 5:10-cv-02707-EJD
S:\F\Finiti\Pleadings\Stipulation For Mediation Plan And Discovery Extension 4-18 FINAL.Docx