STIPULATION AND [PROPOSED] ORDER TO PERMIT DEPOSITION OF MALACKOWSKI AFTER THE EXPERT DISCOVERY CUTOFF DATE

HAYWOOD S. GILLIAM, JR., District Judge.

Pursuant to Northern District of California Civil Local Rules 6-2 and 7-12, Plaintiff Plexxikon Inc. ("Plexxikon") and Defendant Novartis Pharmaceuticals Corporation ("NPC") stipulate and request that the Court enter an order permitting the deposition of James E. Malackowski to occur on May 4, 2019 after the May 2, 2019 close of expert discovery. Specifically, the parties have arranged to complete all other expert depositions within the expert discovery period. The earliest available mutually agreeable time for Mr. Malackowski, one of NPC's experts, to be deposed is May 4, 2019. Accordingly, the parties seek to extend expert discovery for the limited purpose of allowing the parties to complete the deposition of Mr. Malackowski.

On December 22, 2017, the Court issued a scheduling order setting deadlines through claim construction. See ECF No. 57. On June 5, 2018, the parties filed a joint motion to amend the scheduling order and set a schedule for the remainder of the case. See ECF No. 76. The Court issued a revised scheduling order on June 20, 2018, setting, in relevant part, a fact discovery cutoff date of January 17, 2019, an expert discovery cutoff date of May 2, 2019, and a trial start date of October 7, 2019. See ECF No. 80. This order explained that "[t]hese dates may only be altered by order of the Court and only upon a showing of good cause." Id. at 1. On January 11, 2019, the parties filed a stipulation and proposed order seeking to permit the parties to take certain fact depositions on or before February 6, 2019. See ECF No. 117. The Court entered the order on January 14, 2019. See ECF No. 118. There have been no subsequent time modifications in this case, either by stipulation or Court order.

Permitting the parties to conduct a single deposition on the aforementioned date will not affect any of the remaining dates set by the Court's June 20, 2018 Revised Scheduling Order.1 Moreover, good cause exists to take this deposition after the close of expert discovery. The parties have been working diligently to schedule depositions, but witness and attorney schedules have made it necessary to schedule this deposition after the May 2, 2019 expert discovery cutoff date. Plexxikon reserves its rights to seek discovery arising out of Mr. Malackowski's deposition, and Novartis agrees not to object to Plexxikon seeking such discovery on the grounds that the deposition took place two days after the discovery cut-off date.

FILER'S ATTESTATION

Pursuant to Civil L.R. 5-1(i)(3), regarding signatures, I, Thomas P. Steindler, attest that concurrence in the filing of this document has been obtained.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.