Filed: Feb. 06, 2014
Latest Update: Feb. 06, 2014
Summary: STIPULATION AND ORDER TO CONTINUE TRIAL AND PRE-TRIAL SCHEDULE JOHN A. MENDEZ, District Judge. Plaintiff California Natural Products and Defendant Illinois Tool Works hereby stipulate and jointly request that the Court continue the current trial schedule to allow an additional approximately 60 days, with the pre-trial dates adjusted as well. Good cause for such a continuance is based on the following: As the parties indicated in their last request to extend the schedule (Docket No. 84), they
Summary: STIPULATION AND ORDER TO CONTINUE TRIAL AND PRE-TRIAL SCHEDULE JOHN A. MENDEZ, District Judge. Plaintiff California Natural Products and Defendant Illinois Tool Works hereby stipulate and jointly request that the Court continue the current trial schedule to allow an additional approximately 60 days, with the pre-trial dates adjusted as well. Good cause for such a continuance is based on the following: As the parties indicated in their last request to extend the schedule (Docket No. 84), they h..
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STIPULATION AND ORDER TO CONTINUE TRIAL AND PRE-TRIAL SCHEDULE
JOHN A. MENDEZ, District Judge.
Plaintiff California Natural Products and Defendant Illinois Tool Works hereby stipulate and jointly request that the Court continue the current trial schedule to allow an additional approximately 60 days, with the pre-trial dates adjusted as well. Good cause for such a continuance is based on the following:
As the parties indicated in their last request to extend the schedule (Docket No. 84), they have agreed to mediate this case. The mediation was set for January 22, 2014, with mediator Bill Hartgering of JAMS in Chicago. In advance of the mediation, the parties submitted extensive mediation briefs and fully prepared and planned to mediate the case in good faith.
Unfortunately, only a couple of days prior to the mediation, Plaintiff's principal and business person with extensive knowledge of the facts, who was scheduled to travel from California to Chicago for the mediation, became seriously ill, requiring a visit to the hospital and several doctors' appointments. The parties agree this person's personal involvement is critical to the mediation. He will be undergoing surgery in the near term, with a several-week recovery period. As a result, the parties have rescheduled the mediation for March 11, 2014, the earliest possible date. As the parties previously indicated, they seek to focus their efforts on trying to resolve this matter at the mediation and avoid the costs associated with fact depositions and expert disclosures.
To allow the parties to continue to focus on the upcoming mediation, the parties have cooperated in drafting a revised schedule for the Court's consideration. This schedule proposes adjusting the trial date by approximately 60 days, with interim dates adjusted as well by agreement. The revised schedule remains within the Court's typical schedule.
Event Current Proposed
Mid-litigation statement to the court (status Fri., May 16, 2014 Wed., July 16, 2014
of all motions already filed and likelihood
of future motions)
Expert disclosure, including report Thu., June 26, 2014 Tue., Aug. 26, 2014
Close of fact discovery Fri., July 11, 2014 Thu., Sept. 11, 2014
Rebuttal expert disclosure, including report Thu., July 17, 2014 Wed., Sept. 17, 2014
Close of expert discovery Fri., Aug. 8, 2014 Wed., Oct. 8, 2014
Dispositive motions Fri., Aug. 29, 2014 Wed., Oct. 29, 2014
Dispositive motion responses Fri., Sept. 19, 2014 Wed., Nov. 19, 2014
Dispositive motion replies Fri., Oct. 3, 2014 Wed., Dec. 3, 2014
Hearing on dispositive motions Wed., Oct. 15, 2014 Wed., Dec. 17, 2014
at 9:30 a.m. at 9:30 a.m.
Joint pretrial statement Wed., Dec. 10, 2014 Tue., Feb. 13, 2015
Final pretrial conference Wed., Dec. 17, 2014 Tue., Feb. 20, 2015 at
at 3:00 p.m. 11:00 a.m.
Trial Mon., Feb. 9, 2015 at Mon. Apr. 20, 2015
For the reasons set forth in this Stipulation, the parties respectfully request that the Court enter the proposed schedule set forth above.
ORDER
IT IS SO ORDERED.
