Filed: Apr. 29, 2013
Latest Update: Apr. 29, 2013
Summary: JOINT STIPULATION AND [ PROPOSED ] ORDER EXTENDING DISCOVERY DEADLINES AND THE DEADLINES TO EXCHANGE EXPERT REPORTS RICHARD SEEBORG, District Judge. Pursuant to Local Rule 6-1, Defendant/Counterclaim Plaintiff Creative Nail Design, Inc. ("CND"), Plaintiff Mycone Dental Supply Co., Inc. ("Keystone"), and Counterclaim Defendants Young Nails, Inc., Cacee, Inc. and Nail Systems International ("Counterclaim Defendants"), by and through their respective counsel, hereby stipulate and agree, subje
Summary: JOINT STIPULATION AND [ PROPOSED ] ORDER EXTENDING DISCOVERY DEADLINES AND THE DEADLINES TO EXCHANGE EXPERT REPORTS RICHARD SEEBORG, District Judge. Pursuant to Local Rule 6-1, Defendant/Counterclaim Plaintiff Creative Nail Design, Inc. ("CND"), Plaintiff Mycone Dental Supply Co., Inc. ("Keystone"), and Counterclaim Defendants Young Nails, Inc., Cacee, Inc. and Nail Systems International ("Counterclaim Defendants"), by and through their respective counsel, hereby stipulate and agree, subjec..
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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING DISCOVERY DEADLINES AND THE DEADLINES TO EXCHANGE EXPERT REPORTS
RICHARD SEEBORG, District Judge.
Pursuant to Local Rule 6-1, Defendant/Counterclaim Plaintiff Creative Nail Design, Inc. ("CND"), Plaintiff Mycone Dental Supply Co., Inc. ("Keystone"), and Counterclaim Defendants Young Nails, Inc., Cacee, Inc. and Nail Systems International ("Counterclaim Defendants"), by and through their respective counsel, hereby stipulate and agree, subject to the Court's approval, to extend the deadlines for the close of fact and expert discovery and to extend the deadlines for the parties to exchange their expert reports as follows:
• The deadline for the completion of all non-expert discovery is extended from June 28, 2013 to September 13, 2013.
• The deadline for the parties to exchange opening expert reports is extended from May 3, 2013 to July 2, 2013.
• The deadline for the parties to exchange rebuttal expert reports is extended from May 31, 2013 to July 31, 2013.
• The deadline for the completion of discovery of expert witnesses is extended from July 26, 2013 to November 1, 2013.
In addition, the parties have agreed to, and request that, an additional deadline be set for the service of a reply expert report on August 30, 2013. The parties have agreed that with respect to 35 U.S.C. § 103, in the opening expert reports, Keystone will set forth its prima facie case of obviousness. In the rebuttal expert reports, CND will set forth its rebuttal to Keystone's prima facie obviousness case, including any arguments on secondary considerations of nonobviousness. The reply expert report will be served by Keystone only, and will solely be for the purpose of rebutting CND's arguments on secondary considerations of nonobviousness. In addition, the parties have agreed that CND may take fact discovery beyond the agreed-upon deadline set forth above, but only on any new issues of fact raised in Keystone's reply expert report.
The parties request the extensions for the reasons explained in the Declaration of Christopher T. La Testa, submitted herewith. This extension will not affect any other deadlines set by the Court. In addition, this extension will not affect any pre-trial or trial dates as no dates have been set for trial.
[PROPOSED] ORDER
PURSUANT TO THE FOREGOING STIPULATION, IT IS HEREBY ORDERED THAT the deadlines for the close of fact and expert discovery and the deadlines for the parties to exchange their expert reports are extended and set as follows:
The deadline for the completion of all non-expert discovery: September 13, 2013.
The deadline for the parties to exchange opening expert reports: July 2, 2013.
The deadline for the parties to exchange rebuttal expert reports: July 31, 2013.
The deadline for Keystone to serve its reply expert report: August 30, 2013.
The deadline for the completion of discovery of expert witnesses: November 1, 2013.
IT IS SO ORDERED.
