Filed: May 30, 2017
Latest Update: May 30, 2017
Summary: STIPULATION RE: REVISED SCHEDULE WILLIAM H. ORRICK , District Judge . WHEREAS, Openwave Messaging, Inc. ("Openwave") and Open-Xchange, Inc. ("OX") (collectively, "the Parties") have recently been made aware that the Court may be unavailable for the original trial date scheduled for Nov. 6, 2017; WHEREAS, the Parties desire certainty regarding the trial date due to the need to arrange witness travel schedules from Europe; WHERAS, the Parties have scheduled a mediation before Judge Ryu on J
Summary: STIPULATION RE: REVISED SCHEDULE WILLIAM H. ORRICK , District Judge . WHEREAS, Openwave Messaging, Inc. ("Openwave") and Open-Xchange, Inc. ("OX") (collectively, "the Parties") have recently been made aware that the Court may be unavailable for the original trial date scheduled for Nov. 6, 2017; WHEREAS, the Parties desire certainty regarding the trial date due to the need to arrange witness travel schedules from Europe; WHERAS, the Parties have scheduled a mediation before Judge Ryu on Ju..
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STIPULATION RE: REVISED SCHEDULE
WILLIAM H. ORRICK, District Judge.
WHEREAS, Openwave Messaging, Inc. ("Openwave") and Open-Xchange, Inc. ("OX") (collectively, "the Parties") have recently been made aware that the Court may be unavailable for the original trial date scheduled for Nov. 6, 2017;
WHEREAS, the Parties desire certainty regarding the trial date due to the need to arrange witness travel schedules from Europe;
WHERAS, the Parties have scheduled a mediation before Judge Ryu on June 26, 2017 at 11 am at the United States District Court, Northern District of California, 1301 Clay St., Oakland, CA 94612.
WHEREAS, the Parties desire to move certain discovery deadlines to correlate with the date scheduled for mediation before Judge Ryu so as to reduce costs and the need for repeated travel to the Bay Area by foreign witnesses;
WHEREAS, the Court has suggested that the Parties stipulate to a trial date in early 2018 if they were not amenable to reassignment to a Magistrate Judge for trial;
THEREFORE, the Parties hereby stipulate to a trial date and propose related modifications to the schedule as follows:
TASK DEADLINE NEW DEADLINE NOTES
Last date to Date passed w/o Date passed w/o
amend/add parties amendment amendment
Last day to serve May 19, 2017 June 10, 2017
written discovery
by mail or other
means
Last day to serve May 24, 2017 June 15, 2017
written discovery
electronically or by
hand
Fact discovery June 23, 2017 July 28, 2017
cutoff
Last day to file June 30, 2017 August 4, 2017 (per Civ.
motion to compel (per Civ. L.R. L.R. 37-3)
fact discovery 37-3)
Expert disclosure July 14, 2017 August 25, 2017
Expert rebuttal August 4, 2017 September 22, 2017
Expert discovery August 25, 2017 October 13, 2017
cutoff
Deadline for August 14, 2017 November 6, 2017 ~3 months before
dispositive trial based on the
motions to be Court's request
heard at the Initial
CMC.
Last court day to September 15, January 17, 2018
exchange exhibits 2017
and other trial
material, briefs on
significant
disputed issues of
law, statements
designating
excerpts from
depositions,
interrogatory
answers and
responses to
requests for
admission to be
offered at trial
other than for
impeachment or
rebuttal, requested
voir dire questions,
jury instructions
and form of
verdict, and
motions in limine.
Last court day to September 18, January 22, 2018
meet and confer re 2017
preparation of joint
pretrial conference
statement,
preparation and
exchange of
pretrial materials.
Deadline for filing September 25, January 29, 2018
motions in limine, 2017
jury instructions,
joint pretrial
conference
statement, and
proposed questions
for voir dire
Pretrial conference October 9, 2017; February 12, 2018; 2:00
2:00 p.m. p.m.
Jury trial November 6, March 12, 2018
2017
Pursuant to Civil Local Rule 5-1(i)(3), I attest that all signatories concur in the filing of this stipulation.
PURSUANT TO STIPULATION, IT IS SO ORDERED as modified below:
The trial date is set for March 5, 2018. The viability of this trial date will be discussed Case Management Conference set for October 10, 2017 at 2:00 p.m.
