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)
[e-mail]
2 DIANE S. RICE (CA Bar No. 118303)
[e-mail]
3
ANTHONY K. LEE (CA Bar No. 156018)
4 [e-mail]
DARRELL R. ATKINSON (CA Bar
5 No. 280564)
[e-mail]
6 HOSIE RICE LLP
600 Montgomery Street, 34th Floor
7
San Francisco, CA 94111
8 [phone] Tel.
[phone] Fax
9 Attorneys for Plaintiff
FITEQ, INC.
10
11

DAVID E. ROGERS (pro hac vice)
[e-mail]
PATRICIA LEE REFO (pro hac vice)
[e-mail]
DAVID G. BARKER (pro hac vice)
[e-mail]
JACOB C. JONES (pro hac vice)
[e-mail]
SID LEACH (AZ Bar 019519)
[e-mail]
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.

12
13

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

14
15
16
17
18
19

FITEQ, INC.,

Case No. 13-cv-1946 BLF (PSG)
Plaintiff,

v.

VENTURE CORPORATION, LTD., and
20 CEBELIAN HOLDING PTE, LTD.

21

Defendants.

22

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

23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME TO FILE OPPOSITION
AND REPLY TO DEFENDANTS’ MOTION TO EXCLUDE

Case No. 13-cv-1946 BLF (PSG)

1

Plaintiff FiTeq, Inc. (“Plaintiff” or “FiTeq”) and defendants Venture Corporation

2 Ltd., and Cebelian Holding PTE, Ltd. (collectively “Defendants” or “Venture”), hereby
3

stipulate through their respective counsel of record as follows:

4
5
6

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;
9

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
11
12
13
14

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-

15

16 late October;
17
18
19
20

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

21
22

Opposition and Reply; and
WHEREAS, the parties do not believe that the requested extensions will affect or

23

24 change the other dates currently scheduled by the Court;
25

WHEREFORE IT IS HEREBY STIPULATED BY THE PARTIES:

26
27
28

(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

1

Case No. 13-cv-1946 BLF (PSG)

1

(2)

That FiTeq will have to and including October 20, 2015 to serve and file its

2 Opposition; and
3

(3)

That Defendants will have to and including November 3, 2015 to serve and

4 file their Reply.
5

Dated: September 16, 2015

6

HOSIE RICE LLP

7

By: /s/ Darrell R. Atkinson
Darrell R. Atkinson

8

Attorneys for Plaintiff FiTeq, Inc.

9
SNELL & WILMER L.L.P.

10
11

By: /s/ David Barker
David Barker

12
13

Attorneys for Defendants Venture Corp. and
Cebelian Holding Pte, Ltd.

14
15
16
17

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

19
20
21
22
23
24
25
26
27
28

STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME TO FILE OPPOSITION
AND REPLY TO DEFENDANTS’ MOTION TO EXCLUDE

2

Case No. 13-cv-1946 BLF (PSG)

1
2
3
4
5
6

[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
9

(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
11
12
13

Profits and Enterprise Value.
IT IS SO ORDERED.

14 Dated: September 17, 2015
15
16

______________________________________
Honorable Beth Labson Freeman
United States District Judge

17
18
19
20
21
22
23
24
25
26
27
28

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)
[e-mail]
2 DIANE S. RICE (CA Bar No. 118303)
[e-mail]
3
ANTHONY K. LEE (CA Bar No. 156018)
4 [e-mail]
DARRELL R. ATKINSON (CA Bar
5 No. 280564)
[e-mail]
6 HOSIE RICE LLP
600 Montgomery Street, 34th Floor
7
San Francisco, CA 94111
8 [phone] Tel.
[phone] Fax
9 Attorneys for Plaintiff
FITEQ, INC.
10
11
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

12
13
14
15 FITEQ, INC.,

Case No. 13-cv-1946 BLF (PSG)
Plaintiff,

16
17 v.

18 VENTURE CORPORATION, LTD., and
CEBELIAN HOLDING PTE, LTD.
19
Defendants.
20
21

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

22
23
24
25
26
27
28
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)

1

I, Darrell R. Atkinson, declare as follows:

2

1.

3
4
5
6

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
11
12
13
14

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.
17
18
19
20
21
22
23

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.
25

/s/ Darrell R. Atkinson
Darrell R. Atkinson

26
27
28

ATKINSON DECL. IN SUPPORT OF STIPULATION AND
[PROPOSED] ORDER EXTENDING TIME TO FILE OPPOSITION
AND REPLY TO DEFENDANTS’ MOTION TO EXCLUDE

1

Case No. 13-cv-1946 BLF (PSG)