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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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FITEQ INC,

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Case No. 13-cv-01946-BLF
Plaintiff,

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v.
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VENTURE CORPORATION, et al.,

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Defendants.

ORDER SETTING SCHEDULE AND
REFERRING DISCOVERY DISPUTES
TO MAGISTRATE JUDGE
[Re: ECF 255, 256]

United States District Court
Northern District of California

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The parties in the above-captioned action have been unable to come to agreements on a

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number of scheduling matters. Having received the parties’ most recent separate status reports

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regarding scheduling and other issues,1 the Court has determined that the process of asking the

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parties to meet and confer in good faith regarding scheduling has failed. The Court hereby sets the

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following schedule:

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Rebuttal Expert Report Deadline:

June 5, 2015

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Last Day to Hear Dispositive Motions:

December 17, 2015

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Pre-Trial Conference:

April 21, 2016

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Trial:

May 9, 20162

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The Court also demands that counsel for both parties review this district’s Guidelines for
Professional Conduct, see http://www.cand.uscourts.gov/professional_conduct_guidelines, 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).
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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.

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Plaintiff has already filed its motion for summary judgment, which is scheduled to be

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heard on April 9, 2015. The Court by this Order sets Defendants’ motion for summary judgment,

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if they choose to file one, for December 17, 2015. If Defendants want an earlier hearing on that

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motion, they shall reserve an available date with the Court, but they may not reserve any date after

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December 17, 2015. The parties may stipulate to a briefing schedule for that motion, but

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Defendants’ reply brief must be filed with the Court at least 3 weeks prior to the hearing date. Any

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other scheduling disputes may be determined by the parties through stipulation. If the parties are

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unable to resolve a scheduling dispute, they may contact the Court to obtain a date for a Case

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Management Conference. They are not to file further separate status reports.

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All other disputes regarding discovery are hereby referred to Judge Paul Singh Grewal,

United States District Court
Northern District of California

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including the non-scheduling disputes outlined by the parties in their separate status reports

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regarding the scope of discovery and further depositions. See ECF 255, 256. The parties shall

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comply with Judge Grewal’s standing order regarding any and all further discovery disputes.

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IT IS SO ORDERED.
Dated: March 31, 2015
______________________________________
BETH LABSON FREEMAN
United States District Judge

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