Sricom, Inc v. Ebislogic, Inc et al

Filing 47

ORDER by Judge Lucy H. Koh on 46 Stipulation (lhklc4, COURT STAFF) (Filed on 12/10/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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SRICOM, INC,

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Plaintiff,
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v.
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EBISLOGIC, INC; ASTERIX CONSULTING, )
INC; ELITE TECHNOLOGY PARTNERS,
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LLC,
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Defendants.
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EBISLOGIC, INC,
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Counter-claimant,
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v.
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SRICOM, INC,
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Counter-defendant.
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ASTERIX CONSULTING, INC,
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Counter-claimant,
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v.
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)
SRICOM, INC,
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Counter-defendant.
)
)

Case No.: 12-CV-904-LHK
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

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Case No.: 12-CV-904-LHK
ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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ELITE TECHNOLOGY PARTNERS, LLC,
Counter-claimant,

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v.

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SRICOM, INC,

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Counter-defendant.

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An initial case management conference was held on September 13, 2012. See Dkt. No. 31.

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At the initial case management conference, the Court referred the parties to early neutral evaluation

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(“ENE”) with a 90 day deadline, and set a further case management conference for December 12,

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2012. See id.

United States District Court
For the Northern District of California

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On November 28, 2012, the Court granted the parties’ stipulation to continue the ENE

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deadline to February 15, 2013. See Dkt. No. 43. The parties’ stipulation stated in relevant part, “A

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brief extension of time to complete the ENE will have no effect on the schedule of the case.” Id.

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On December 10, 2012, the parties filed a stipulation to continue the December 12, 2012,

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further case management conference to February 27, 2013, “after completion of the ENE.” See

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Dkt. No. 46. The parties explain that “A brief extension of time to complete the Case Management

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Conference will have limited effect on the schedule of the case. . . [and] delay the case by a little

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more than two months. However, if ENE resolves the case, the limited delay will save the parties

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and the Court time, effort, and fees.” Id.

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The Court granted the parties’ stipulation to continuing the ENE deadline pursuant to the

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parties’ statement that there would be “no effect on the schedule of the case.” See Dkt. No. 43.

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The Court will not extend the fact discovery cutoff because the parties have unilaterally given

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themselves a stay of discovery before the completion of ENE. The parties delay discovery at their

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own peril.

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The parties’ joint case management statement does not raise substantial issues that require a

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case management conference at this time. See Dkt. No. 44. Accordingly, the Court continues the

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December 12, 2012 further case management conference until the next available date, March 20,

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2013, at 2 p.m. The case schedule was set at the initial case management conference on September

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13, 2012, and remains as follows:
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Case No.: 12-CV-904-LHK
ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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CLOSE OF FACT DISCOVERY: March 7, 2013.

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OPENING EXPERT REPORTS: March 21, 2013.

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REBUTTAL EXPERT REPORTS: April 4, 2013.

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CLOSE OF EXPERT DISCOVERY: April 18, 2013.

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LAST DAY TO FILE DISPOSITIVE MOTIONS: May 2, 2013.

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HEARING ON DISPOSITIVE MOTIONS: June 13, 2013 at 1:30 p.m.

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PRETRIAL CONFERENCE: July 31, 2013 at 2:00 p.m.

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JURY TRIAL (4 days): August 19, 2013 at 9:00 a.m. in Courtroom 8, 4th Floor.

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United States District Court
For the Northern District of California

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IT IS SO ORDERED.
Dated: December 10, 2012

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 12-CV-904-LHK
ORDER CONTINUING CASE MANAGEMENT CONFERENCE