Bond Manufacturing Co. v. Ashley Furniture Industries, Inc.

Filing 57

ORDER granting 56 Stipulation; Bond has until Friday, August 23, 2019 to produce initial disclosures related to its patent infringement claims, that Ashley has until Monday, September 23, 2019, to produce initial disclosures of non-infringement , invalidity, and unenforceability contentions, and that Bond has until Wednesday, October 23, 2019, to produce responses to non-infringement and unenforceability contentions. Signed by Magistrate Judge Carl W. Hoffman on 7/23/2019. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-01522-JCM-CWH Document 56 Filed 07/15/19 Page 1 of 3

1

4

F. Christopher Austin (Nevada Bar No. 6559)
[e-mail]
WEIDE & MILLER, LTD.
10655 Park Run Drive, Suite 100
Las Vegas, NV 89144
Telephone: [phone]
Facsimile: [phone]

5

Attorney for Plaintiff Bond Manufacturing Co., Inc.

2
3

6
UNITED STATES DISTRICT COURT
7
DISTRICT OF NEVADA
8
9

BOND MANUFACTURING CO., INC., a
California corporation,

10
Plaintiff,
11
v.
12
ASHLEY FURNITURE INDUSTRIES,
INC., a Wisconsin corporation;,

13
14

Case No.: 2:17-cv-01522-JCM-CWH
STIPULATION TO EXTEND TIME SET IN
2nd AMENDED SCHEDULING ORDER
REGARDING PRODUCTION OF PATENT
INFRINGEMENT CLAIMS AND NONINFRINGEMENT, INVALIDITY, AND
UNNFORCEABILITY CONTENTIONS
(First Request)1

Defendant.

15
16
17

Pursuant to Fed. R. Civ. P. 6(b)(1)(a) and Local Rules IA 6-1 and 6-2, Plaintiff Bond

18

Manufacturing Co., Inc. (“Bond”) and Defendant Ashley Furniture Industries, Inc. (“Ashley”)

19

hereby stipulate to a sixty (60) day extension of Bond’s deadline to serve initial disclosures related

20

to its patent infringement claims (presently set for February 19, 2019). This is the first request for

21

an extension to the Second Amended Scheduling Order (ECF 50) and is made to allow Ashley to

22

produce and Bond to review supplemental documentation identified during the deposition of

23

Ashley’s Controller. Bond did not serve its patent infringement disclosures by the June 14, 2019

24

because it believed it could not serve them until Ashley produced the supplemental information.

25
26
27
1

28

This is the fourth stipulation regarding extending such disclosures generally, but only the first under the Second
Amended Scheduling Order. (See ECF 43).

W EIDE & MILLER, LTD.
10655 PARK RUN DRIVE
SUITE 100
LAS VEGAS, NEVADA 89144
[phone]

FCA-W-0866

1

Case 2:17-cv-01522-JCM-CWH Document 56 Filed 07/15/19 Page 2 of 3

1

Ashley has not suffered any prejudice by the delay and the parties seek to extend that disclosure

2

deadline (among others) herein.

3

Ashley’s production of such additional documentation has been delayed by the withdrawal

4

of Ashley’s primary counsel in this matter (ECF 55) and the necessity to have subsequent counsel,

5

who did not attend the deposition of Ashley’s controller, review a complex and lengthy deposition

6

record, that was further complicated by the liberal use of recorded computer records, many of

7

which are subject to the protective order entered in this case. Ashley’s new counsel sought

8

clarification from Bond’s counsel but counsel was largely unavailable during this time. Now that

9

the parties have conferred and Bond has clarified what information it requires, the parties

10

anticipate that Ashley will produce the records at issue by July 22, 2019, afterwhich Bond’s expert

11

will assess them. Thereafter, the parties expect to assess possible settlement options before

12

proceeding with the cumbersome and costly process of preparing initial patent disclosures and

13

contentions. Pursuant to the Second Amended Scheduling Order (ECF 50), the parties will

14

contact the new magistrate judge after August 5, 2019 to facilitate the settlement conference.

15

///

16

///

17

///

18

///

19

///

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///

W EIDE & MILLER, LTD.
10655 PARK RUN DRIVE
SUITE 100
LAS VEGAS, NEVADA 89144
[phone]

FCA-W-0866

2

Case 2:17-cv-01522-JCM-CWH Document 56 Filed 07/15/19 Page 3 of 3

1

Accordingly, Bond and Ashley stipulate to amend the Second Scheduling Order (ECF 50)

2

to provide that Bond has until Friday, August 23, 2019 to produce initial disclosures related to

3

its patent infringement claims, that Ashley has until Monday, September 23, 2019, to produce

4

initial disclosures of non-infringement, invalidity, and unenforceability contentions, and that

5

Bond has until Wednesday, October 23, 2019, to produce responses to non-infringement and

6

unenforceability contentions.

7
8

DATED: July 15, 2019.

9
10
11
12
13

/s/ Rory T. Kay__
Rory T. Kay (NV Bar #12416)
2300 W. Sahara Ave., Suite 1200
Las Vegas, NV 89102

/s/ F. Christopher Austin
F. Christopher Austin (NV Bar #6559)
[e-mail]
WEIDE & MILLER, LTD.
10655 Park Run Drive, Suite 100
Las Vegas, NV 89144

Attorney for Defendant Ashley Furniture
Attorneys for Plaintiff Bond Manufacturing Industries, Inc
Co., Inc.

14
15
ORDER

16
17
18

Dated this

Jul 23, 2019

IT IS SO ORDERED
day of

, 20

.

19
DISTRICT COURT JUDGE

20
21
22
23
24
25
26
27
28
W EIDE & MILLER, LTD.
10655 PARK RUN DRIVE
SUITE 100
LAS VEGAS, NEVADA 89144
[phone]

FCA-W-0866

3