West Marine, Inc v. Watercraft Superstore, Inc

Filing 94

STIPULATION AND ORDER Continuing expert discovery deadlines. Signed by Magistrate Judge Howard R. Lloyd on March 8, 2013. (hrllc1, COURT STAFF) (Filed on 3/8/2013)

*E-FILED: March 8, 2013*

1 GREENBERG TRAURIG, LLP
Ian C. Ballon (SBN 141819)
2 1900 University Avenue, 5th Floor
East Palo Alto, CA 94303
3 Telephone: [phone]
Facsimile: [phone]
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GREENBERG TRAURIG, LLP
5 Lisa C. McCurdy, SB# 228755
Wendy M. Mantell, SB# 225544
6 1840 Century Park East, Suite 1900
Los Angeles, CA 90067-2101
7 Telephone: [phone]
Facsimile: [phone]
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Attorneys for plaintiff, West Marine, Inc.
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SKADDEN, ARPS, SLATE, MEAGHER &
FLOM LLP
Allen Ruby (SBN 47109)
Thomas Christopher (SBN 185928)
Chandra S. Russell (SBN 271769)
525 University Avenue, Suite 1100
Palo Alto, CA 94301
Telephone: [phone]
Facsimile: [phone]
Attorneys for defendant,
Watercraft Superstore, Inc.

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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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WEST MARINE, INC.,
Plaintiff,

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vs.
WATERCRAFT SUPERSTORE, INC.,

Defendant.

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22 AND RELATED COUNTERCLAIMS
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Case No.: 5:11-04459 HRL
STIPULATION TO EXTEND EXPERT
DISCOVERY DEADLINES IN LIGHT
OF CONTINUING NEGOTIATIONS
REGARDING SETTLEMENT

Judge:

Magistrate Judge
Howard R. Lloyd

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STIP TO EXTEND EXPERT DISCOVERY DEADLINES; [PROPOSED] ORDER

Case No.: 5:11-04459 HRL

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STIPULATION AND [PROPOSED] ORDER
WHEREAS, pursuant to the Court’s March 1, 2013 order (Docket No. 92), the deadline to

3 submit rebuttal expert reports is currently set for March 8, 2013;
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WHEREAS, the parties, Plaintiff West Marine, Inc. (“West Marine”) and Defendant

5 Watercraft Superstore, Inc. (“Watercraft”), have reached a tentative agreement concerning the
6 settlement of all claims in this action, and are continuing to negotiate the terms of that agreement;
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WHEREAS, in light of this tentative agreement, the parties have stipulated, subject to

8 approval of the Court, to extend the rebuttal expert report deadline and the related cut-off for expert
9 discovery by five business days;
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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between

11 West Marine and Watercraft, through their counsel of record, as follows:
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1.

The deadline to submit rebuttal expert reports, currently scheduled for March 8,

13 2013, will be extended to March 15, 2013;
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2.

The expert discovery cutoff, currently scheduled for March 18, 2013, will be

15 extended to March 22, 2013;
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3.

The parties will apprise the Court of any further developments regarding settlement.

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18 Dated: March 5, 2013
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Respectfully submitted,
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP

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By: /s/ Allen Ruby ____________________________
ALLEN RUBY
Attorneys for Defendant
WATERCRAFT SUPERSTORE, INC.

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I, Allen Ruby, am the ECF User whose ID and password are being used to file this
Stipulation To Extend Expert Discovery Deadlines In Light Of Continuing Negotiations Regarding
25 Settlement and [Proposed] Order. In compliance with General Order 45, X.B., I attest that the
following signatory has concurred in this filing.
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STIP TO EXTEND EXPERT DISCOVERY DEADLINES; [PROPOSED] ORDER

Case No.: 5:11-04459 HRL

1 DATED: March 5, 2013

GREENBERG TRAURIG, LLP

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By: /s/ Wendy M. Mantell____________________
WENDY M. MANTELL
Attorneys for Plaintiff
WEST MARINE, INC.

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8 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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10 DATED: __________, 2013
March 8
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__________________________________________

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HON. HOWARD R. LLOYD
UNITED STATES DISTRICT COURT
MAGISTRATE JUDGE

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STIP TO EXTEND EXPERT DISCOVERY DEADLINES; [PROPOSED] ORDER

Case No.: 5:11-04459 HRL