Ruth v. SubmitNet, Inc. et al

Filing 35

STIPULATION AND ORDER TO CONTINUE TRIAL AND TRIAL RELATED DATES by Judge Paul S. Grewal, granting 33 Stipulation: Pretrial Conference set for 8/13/2013 02:00 PM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Jury Trial set for 9/23/2013 09:30 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Signed by Judge Paul S. Grewal on 11/8/2012. (ofr, COURT STAFF) (Filed on 11/8/2012)

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Sue J. Stott, Bar No. 91144
[e-mail]
Lauren T. Howard, Bar No. 227984
[e-mail]
Jenica D. Mariani, Bar No. 266982
[e-mail]
PERKINS COIE LLP
Four Embarcadero Center, Suite 2400
San Francisco, CA 94111-4131
Telephone: [phone]
Facsimile: 415.344.7050
Attorneys for Defendant and Cross-Complainant
SubmitNet, 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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RIDLEY RUTH, JR.,
Plaintiff,

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Case No. C 12-01180-PSG

v.
SUBMITNET, INC.,

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Defendant.

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STIPULATION AND [PROPOSED] ORDER
TO CONTINUE TRIAL AND TRIALRELATED DATES
Complaint Filed:
January 27, 2012
(originally filed in Santa Clara Superior Court)
Final Pre-trial Conf.:
March 26, 2013
Trial Date:
April 1, 2012

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ASSIGNED FOR ALL PURPOSES TO THE
HON. PAUL S. GREWAL

SUBMITNET, INC.,
Cross-Complainant,
v.
RIDLEY RUTH, JR.,
Cross-Defendant.

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Stipulation and [Proposed] Order to Cont. Trial
and Trial-Related Dates (C 12-01180 PSG)

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD AND TO THE
HONORABLE COURT:

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On or about January 27, 2012, Plaintiff and Cross-Defendant Ridley Ruth, Jr. (“Ruth”)

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filed a complaint against Defendant and Cross-Complainant SubmitNet, Inc. (“SubmitNet”) in

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Superior Court of California, County of Santa Clara;

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On or about March 8, 2012, SubmitNet filed a cross-complaint against Ruth in Superior
Court of California, County of Santa Clara;

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On or about March 8, 2012, SubmitNet removed the case to the United States District
Court, Northern District of California, San Jose Division, on the basis of diversity jurisdiction;

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The parties agreed to participate in the Court’s Alternative Dispute Resolution (“ADR”)

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program and, on June 1, 2012, were ordered by the Court to complete mediation no later than 90

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days from the date of the order, and were assigned to panel mediator Victor Schachter;

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On August 10, 2012, the Court issued a Case Management Order, setting the following
trial and trial-related dates:

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1. Deadline(s) for Serving Expert Reports: November 30, 2012;

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2. Deadline(s) for Serving Expert Rebuttal Reports: December 13, 2012;

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3. Fact Discovery Cutoff: December 31, 2012;

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4. Expert Discovery Cutoff: January 30, 2013;

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5. Final Pretrial Conference: 2:00 p.m. on March 26, 2013;

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6. Trial: 9:30 a.m. on April 1, 2013;

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On September 5, 2012, the parties submitted a Stipulation Extending Time To Complete

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Mediation And To Extend The Date Of The Case Management Conference to permit the parties

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additional time to exchange documents, including electronic discovery, conduct written discovery

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and depositions before mediation to ensure that mediation would be more productive after

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documents have been exchanged and Plaintiff had been deposed;

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On September 6, 2012, the above-entitled Court extended the deadline for completion of

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ADR to December 14, 2012 and rescheduled a Case Management Conference for December 18,

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2012;
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Stipulation and [Proposed] Order to Cont. Trial
and Trial-Related Dates (C 12-01180 PSG)

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On September 6, 2012, the appointment of Victor Schachter to serve as the mediator in

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this matter was vacated. The parties waited for the ADR Unit to appoint another mediator to this

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matter;

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On October 22, 2012, the ADR Unit assigned this case to Hon. Ellen S. James (Ret.);

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The parties will engage in a pre-session telephone conference with Judge James on

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November 12, 2012 to discuss the matter and obtain a mediation date;
The parties have made progress through discovery; however, production of electronically-

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stored information (“ESI”) by Ruth took longer than anticipated. Ruth has now produced such

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ESI. Given these developments, SubmitNet postponed Ruth’s deposition until it received the ESI

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from Ruth from his personal laptop computer, which pertained to his work for SubmitNet;

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The parties wish to avoid expenditure of attorneys’ fees and use of the Court’s resources

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before mediation of the matter, and refrain from taking any depositions or serving any additional

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written discovery until after mediation;

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In the event the parties do not reach a settlement at mediation, the parties need additional

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time to conduct the postponed discovery in this matter, including but not limited to taking

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depositions, and, as a result, are not prepared to commence pre-trial preparations, such as

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identifying and obtaining expert witness reports; and

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The parties have not previously requested a continuance of the trial date or related pretrial dates ordered by the Court.
IT IS HEREBY STIPULATED, and the Court is hereby respectfully requested to Order as
follows:
1. The Deadline(s) for Serving Expert Reports be continued from November 30,

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2012 to May 15, 2013;
2. Deadline(s) for Serving Expert Rebuttal Reports be continued from December 13,

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2012 to May 31, 2013;

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3. Fact Discovery Cutoff be continued from December 31, 2012 to April 30, 2013;

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4. Expert Discovery Cutoff be continued from January 30, 2013 to July 1, 2013;

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Stipulation and [Proposed] Order to Cont. Trial
and Trial-Related Dates (C 12-01180 PSG)

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5. Final Pretrial Conference be continued from 2:00 p.m. on March 26, 2013 to

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August 13, 2013;
6. Trial date be continued from 9:30 a.m. on April 1, 2013 to September 16, 2013;
IT IS SO STIPULATED.

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DATED: November 7, 2012

PERKINS COIE LLP

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By: /S/ JENICA D. MARIANI
Jenica D. Mariani

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Attorneys for Defendant and CrossComplainant SubmitNet, Inc.

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DATED: November 7, 2012

WYLIE, MCBRIDE, PLATTEN &
RENNER

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By: /S/ - E-signature approved by J. McBride
John McBride

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Attorneys for Plaintiff and Cross-Defendant
Ridley Ruth

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Stipulation and [Proposed] Order to Cont. Trial
and Trial-Related Dates (C 12-01180 PSG)

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ORDER
Pursuant to the parties’ Stipulation To Continue Trial And Trial-Related Dates and good
cause appearing therefor, the Court hereby ORDERS as follows:

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1. That the trial date in the above-captioned matter previously set for 9:30 a.m. on

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April 1, 2013 be continued to September 23, 2013 in Courtroom 5 at 9:30 a.m.;

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2. That the deadline(s) for Serving Expert Reports previously set for November 30,

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2012 be continued to May 15, 2013;
3. That the deadline(s) for Serving Expert Rebuttal Reports previously set for

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December 13, 2012 be continued to May 31, 2013;
4. That the Fact Discovery Cutoff previously set for be December 31, 2012 be

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continued to April 30, 2013;
5. That the Expert Discovery Cutoff previously set for January 30, 2013 be continued

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to July 1, 2013;
6. That the Final Pretrial Conference previously set for 2:00 p.m. on March 26, 2013

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be continued to August 13, 2013 in Courtroom 5 at 2:00 p.m.

IT IS SO ORDERED.
November 8, 2012
Dated: ______________________

_______________________________

HONORABLE PAUL SINGH GREWAL
United States Magistrate District Judge

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Stipulation and [Proposed] Order to Cont. Trial
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