Fiteq Inc v. Venture Corporation et al
Filing
304
ORDER GRANTING 303 STIPULATION WITH PROPOSED ORDER EXTENDING TIME IN WHICH TO FILE OPPOSITION AND REPLY TO DEFENDANT'S MOTION TO EXCLUDE TESTIMONY. Motions due by 9/17/2015. Replies due by 11/3/2015. Responses due by 10/20/2015. Signed by Judge Beth Labson Freeman on 09/17/2015. (blflc2S, COURT STAFF) (Filed on 9/17/2015)
1 SPENCER HOSIE (CA Bar No. 101777)
shosie@hosielaw.com
2 DIANE S. RICE (CA Bar No. 118303)
drice@hosielaw.com
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ANTHONY K. LEE (CA Bar No. 156018)
4 alee@hosielaw.com
DARRELL R. ATKINSON (CA Bar
5 No. 280564)
datkinson@hosielaw.com
6 HOSIE RICE LLP
600 Montgomery Street, 34th Floor
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San Francisco, CA 94111
8 (415) 247-6000 Tel.
(415) 247-6001 Fax
9 Attorneys for Plaintiff
FITEQ, INC.
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DAVID E. ROGERS (pro hac vice)
drogers@swlaw.com
PATRICIA LEE REFO (pro hac vice)
prefo@swlaw.com
DAVID G. BARKER (pro hac vice)
dbarker@swlaw.com
JACOB C. JONES (pro hac vice)
jcjones@swlaw.com
SID LEACH (AZ Bar 019519)
sleach@swlaw.com
SNELL & WILMER L.L.P.
One Arizona Center
400 E. Van Buren, Suite 1900
Phoenix, Arizona 85004-2202
Telephone:
602.382.6000
Facsimile:
602.382.6070
Attorneys for Defendants
VENTURE CORPORATION, LTD., AND
CEBELIAN HOLDING PTE, LTD.
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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
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FITEQ, INC.,
Case No. 13-cv-1946 BLF (PSG)
Plaintiff,
v.
VENTURE CORPORATION, LTD., and
20 CEBELIAN HOLDING PTE, LTD.
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Defendants.
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STIPULATION AND [PROPOSED]
ORDER EXTENDING PLAINTIFF’S
TIME IN WHICH TO FILE AN
OPPOSITION, AND DEFENDANTS’
TIME IN WHICH TO FILE A REPLY,
TO DEFENDANTS’ MOTION TO
EXCLUDE TESTIMONY ABOUT
FITEQ’S ALLEGED LOST PROFITS
AND ENTERPRISE VALUE
Courtroom: 3, Fifth Floor
The Honorable Beth Labson Freeman
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STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME TO FILE OPPOSITION
AND REPLY TO DEFENDANTS’ MOTION TO EXCLUDE
Case No. 13-cv-1946 BLF (PSG)
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Plaintiff FiTeq, Inc. (“Plaintiff” or “FiTeq”) and defendants Venture Corporation
2 Ltd., and Cebelian Holding PTE, Ltd. (collectively “Defendants” or “Venture”), hereby
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stipulate through their respective counsel of record as follows:
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WHEREAS, Defendants will file on September 17, 2015 Defendants’ Motion to
Exclude Testimony About FiTeq’s Alleged Lost Profits and Enterprise Value (“Defendants’
7 Motion to Exclude”) (see Dkt. No. 296 at 3), and the hearing date for that motion is reserved
8 for December 10, 2015;
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WHEREAS, pursuant to Civil Local Rule 7-3 FiTeq’s Opposition to Defendants’
10 Motion to Exclude (the “Opposition”) would be due October 1, 2015 and Defendants Reply
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in Support of Defendants’ Motion to Exclude (the “Reply”) would be due October 8, 2015;
WHEREAS, key counsel for Plaintiff are out of the country for much of the second
half of September;
WHEREAS, key counsel for Defendants are out of office for various days in mid-to-
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16 late October;
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WHEREAS, in light of counsel’s schedules, and as a mutual accommodation, the
parties agree that the due date for the Opposition is extended to October 20, 2015, and the
due date for the Reply is extended to November 3, 2015;
WHEREAS, the parties have not previously received extensions of time for filing the
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Opposition and Reply; and
WHEREAS, the parties do not believe that the requested extensions will affect or
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24 change the other dates currently scheduled by the Court;
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WHEREFORE IT IS HEREBY STIPULATED BY THE PARTIES:
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(1)
That Defendants will serve and file their Motion to Exclude by September 17,
2015;
STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME TO FILE OPPOSITION
AND REPLY TO DEFENDANTS’ MOTION TO EXCLUDE
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Case No. 13-cv-1946 BLF (PSG)
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(2)
That FiTeq will have to and including October 20, 2015 to serve and file its
2 Opposition; and
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(3)
That Defendants will have to and including November 3, 2015 to serve and
4 file their Reply.
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Dated: September 16, 2015
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HOSIE RICE LLP
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By: /s/ Darrell R. Atkinson
Darrell R. Atkinson
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Attorneys for Plaintiff FiTeq, Inc.
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SNELL & WILMER L.L.P.
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By: /s/ David Barker
David Barker
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Attorneys for Defendants Venture Corp. and
Cebelian Holding Pte, Ltd.
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I hereby attest pursuant to Civil Local Rule 5-1(i)(3) that concurrence in the
electronic filing of this document has been attained from the other signatories.
18 Dated: September 16, 2015
By: /s/ Darrell R. Atkinson
Darrell R. Atkinson
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STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME TO FILE OPPOSITION
AND REPLY TO DEFENDANTS’ MOTION TO EXCLUDE
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Case No. 13-cv-1946 BLF (PSG)
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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT:
(1)
Defendants will serve and file their Motion to Exclude Testimony About
FiTeq’s Alleged Lost Profits and Enterprise Value by September 17, 2015;
(2)
FiTeq will have to and including October 20, 2015 to serve and file its
7 Opposition to Defendants’ Motion to Exclude Testimony About FiTeq’s Alleged Lost Profits
8 and Enterprise Value; and
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(3)
Defendants will have to and including November 3, 2015 to serve and file
10 their Reply in Support of their Motion to Exclude Testimony About FiTeq’s Alleged Lost
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Profits and Enterprise Value.
IT IS SO ORDERED.
14 Dated: September 17, 2015
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______________________________________
Honorable Beth Labson Freeman
United States District Judge
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STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME TO FILE OPPOSITION
AND REPLY TO DEFENDANTS’ MOTION TO EXCLUDE
3
Case No. 13-cv-1946 BLF (PSG)
1 SPENCER HOSIE (CA Bar No. 101777)
shosie@hosielaw.com
2 DIANE S. RICE (CA Bar No. 118303)
drice@hosielaw.com
3
ANTHONY K. LEE (CA Bar No. 156018)
4 alee@hosielaw.com
DARRELL R. ATKINSON (CA Bar
5 No. 280564)
datkinson@hosielaw.com
6 HOSIE RICE LLP
600 Montgomery Street, 34th Floor
7
San Francisco, CA 94111
8 (415) 247-6000 Tel.
(415) 247-6001 Fax
9 Attorneys for Plaintiff
FITEQ, INC.
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11
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
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15 FITEQ, INC.,
Case No. 13-cv-1946 BLF (PSG)
Plaintiff,
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17 v.
18 VENTURE CORPORATION, LTD., and
CEBELIAN HOLDING PTE, LTD.
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Defendants.
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DECLARATION OF DARRELL R.
ATKINSON IN SUPPORT OF
STIPULATION AND [PROPOSED]
ORDER EXTENDING PLAINTIFF’S
TIME IN WHICH TO FILE AN
OPPOSITION, AND DEFENDANTS’
TIME IN WHICH TO FILE A REPLY,
TO DEFENDANTS’ MOTION TO
EXCLUDE TESTIMONY ABOUT
FITEQ’S ALLEGED LOST PROFITS
AND ENTERPRISE VALUE
Courtroom: 3, Fifth Floor
The Honorable Beth Labson Freeman
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ATKINSON DECL. IN SUPPORT OF STIPULATION AND
[PROPOSED] ORDER EXTENDING TIME TO FILE OPPOSITION
AND REPLY TO DEFENDANTS’ MOTION TO EXCLUDE
Case No. 13-cv-1946 BLF (PSG)
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I, Darrell R. Atkinson, declare as follows:
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1.
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I am one of the attorneys of record in this matter for Plaintiff FiTeq, Inc.
(“Plaintiff” or “FiTeq”). I make this declaration of my own personal knowledge. If called
upon to do so I could and would testify competently to the matters stated herein.
2.
Key counsel for Plaintiff are out of the country for much of the second half of
7 September. Additionally, key counsel for Defendants are out of office for a number of days
8 in mid-to-late October. Given the absence of key counsel for both parties in the months of
9 September and October, including the absence of key plaintiff counsel during the period
10 under Civil Local Rule 7-3 in which Plaintiff would have to prepare its Opposition to
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Defendants’ Motion to Exclude Testimony About FiTeq’s Alleged Lost Profits and
Enterprise Value if the motion is filed on September 17, 2015, and the absence of key
defense counsel during the period under Civil Local Rule 7-3 in which Defendants would
15 have to prepare their Reply in Support of their motion if Plaintiff’s time to oppose is
16 extended, the parties require additional time to prepare their respective papers.
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3.
The parties have not previously received extensions of time for filing the
opposition to, or reply in support of, Defendants’ Motion to Exclude Testimony About
FiTeq’s Alleged Lost Profits and Enterprise Value.
4.
The parties do not believe that the requested extensions will affect or change
the other dates currently scheduled by the Court.
I declare under penalty of perjury that the foregoing is true and correct, and this
24 declaration is executed at San Francisco, California on September 16, 2015.
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/s/ Darrell R. Atkinson
Darrell R. Atkinson
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ATKINSON DECL. IN SUPPORT OF STIPULATION AND
[PROPOSED] ORDER EXTENDING TIME TO FILE OPPOSITION
AND REPLY TO DEFENDANTS’ MOTION TO EXCLUDE
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Case No. 13-cv-1946 BLF (PSG)
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