GPNE Corp. v. Pantech Co., Ltd. et al

Filing 125

Order Re: Notice of Settlement and Case Schedule. Signed by Judge Lucy H. Koh on 12/22/2013. (lhklc1, COURT STAFF) (Filed on 12/22/2013)

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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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GPNE Corp.,
Plaintiff,
v.
Pantech Co., Ltd., and Pantech Wireless Inc.

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Defendants.

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Case No.: 12-CV-3057-LHK
ORDER RE: NOTICE OF
SETTLEMENT AND CASE SCHEDULE

The parties have filed a Notice of Settlement and Joint Stipulation to Stay Case. See ECF

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No. 124. The parties seek an order from this Court that would either stay the case or that would

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substantially continue expert discovery in order to avoid incurring unnecessary costs in light of the

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likely settlement.

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The Court had initially set a deadline of December 21, 2013, for opening expert reports;

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January 21, 2014, for rebuttal reports; and February 21, 2014, for the close of expert discovery.

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The deadline to file dispositive motions is February 27, 2014, with a hearing on April 3, 2014.

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Pursuant to a stipulation of the parties due to an agreement in principle to settle the case, the Court

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continued the expert discovery deadlines to December 30, 2013, for opening expert reports;

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January 31, 2014, for rebuttal reports; and March 3, 2014, for close of expert discovery. See ECF

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No. 123. The parties assured the Court at the time of the stipulation that the modification would

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“not alter the date of any other event or any deadline already fixed by Court order” other than the
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Case No.: 12-CV-3057
ORDER RE: NOTICE OF SETTLEMENT AND CASE SCHEDULE

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expert-discovery deadlines.
The Court will not stay the case pending finalization of the settlement. This case is

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progressing on the same schedule as two related cases. The Court finds that altering the case

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schedule for one of the three cases would lead to inefficient allocation of judicial resources. The

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Court will, however, entertain a continuance of expert discovery deadlines. The February 27, 2014,

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deadline to file dispositive motions shall remain as set. The Court will not continue this deadline,

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because the Court has previously encouraged all three remaining sets of Defendants to file a single

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dispositive motion. Further, the Court will hold only one hearing on dispositive motions, which is

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set for April 3, 2014.

United States District Court
For the Northern District of California

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If the parties want to continue the expert discovery deadlines, they must file a stipulation so

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indicating by December 24, 2013. Any such stipulation shall contain proposed deadlines for

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opening expert reports, rebuttal reports, and close of expert discovery. (The current stipulation only

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contains a new deadline for opening reports). Further, any such stipulation shall acknowledge that

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the February 27, 2014, deadline for filing of dispositive motions and the April 3, 2014, hearing date

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on such motions will not be affected by the continuance of expert-discovery deadlines.

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The Court appreciates the parties’ efforts to resolve the case. The Court will promptly

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vacate all deadlines once the parties file a stipulation of dismissal. Without a dismissal, however,

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limited judicial resources are most efficiently expended by ensuring that all three related cases

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continue to progress on the same timeline.

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IT IS SO ORDERED.

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Dated: December 22, 2013

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 12-CV-3057
ORDER RE: NOTICE OF SETTLEMENT AND CASE SCHEDULE