Fiteq Inc v. Venture Corporation et al

Filing 257

ORDER SETTING SCHEDULE AND REFERRING DISCOVERY DISPUTES. Signed by Judge Beth Labson Freeman on 3/31/2015. (blflc3S, COURT STAFF) (Filed on 3/31/2015)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 FITEQ INC, 7 Case No. 13-cv-01946-BLF Plaintiff, 8 v. 9 VENTURE CORPORATION, et al., 10 Defendants. ORDER SETTING SCHEDULE AND REFERRING DISCOVERY DISPUTES TO MAGISTRATE JUDGE [Re: ECF 255, 256] United States District Court Northern District of California 11 12 13 The parties in the above-captioned action have been unable to come to agreements on a 14 number of scheduling matters. Having received the parties’ most recent separate status reports 15 regarding scheduling and other issues,1 the Court has determined that the process of asking the 16 parties to meet and confer in good faith regarding scheduling has failed. The Court hereby sets the 17 following schedule: 18 Rebuttal Expert Report Deadline: June 5, 2015 19 Last Day to Hear Dispositive Motions: December 17, 2015 20 Pre-Trial Conference: April 21, 2016 21 Trial: May 9, 20162 22 23 24 25 26 27 28 1 The Court also demands that counsel for both parties review this district’s Guidelines for Professional Conduct, see, and practice before this Court consistent with their obligations under these guidelines and Civil Local Rule 11-4(a), which demands lawyers admitted to this bar “practice with the honesty, care, and decorum required for the fair and efficient administration of justice.” (emphasis added). 2 Defendant states it could be ready for trial “beginning May 11, 2016.” Because the Court begins trial on Monday mornings, and because Defendant does not indicate a reason they are unavailable beginning May 9, the Court sets this date to conform with its schedule. 1 Plaintiff has already filed its motion for summary judgment, which is scheduled to be 2 heard on April 9, 2015. The Court by this Order sets Defendants’ motion for summary judgment, 3 if they choose to file one, for December 17, 2015. If Defendants want an earlier hearing on that 4 motion, they shall reserve an available date with the Court, but they may not reserve any date after 5 December 17, 2015. The parties may stipulate to a briefing schedule for that motion, but 6 Defendants’ reply brief must be filed with the Court at least 3 weeks prior to the hearing date. Any 7 other scheduling disputes may be determined by the parties through stipulation. If the parties are 8 unable to resolve a scheduling dispute, they may contact the Court to obtain a date for a Case 9 Management Conference. They are not to file further separate status reports. 10 All other disputes regarding discovery are hereby referred to Judge Paul Singh Grewal, United States District Court Northern District of California 11 including the non-scheduling disputes outlined by the parties in their separate status reports 12 regarding the scope of discovery and further depositions. See ECF 255, 256. The parties shall 13 comply with Judge Grewal’s standing order regarding any and all further discovery disputes. 14 15 16 17 IT IS SO ORDERED. Dated: March 31, 2015 ______________________________________ BETH LABSON FREEMAN United States District Judge 18 19 20 21 22 23 24 25 26 27 28 2

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