The opinion of the court was delivered by: The Honorable Claudia Wilken
AMENDED STIPULATION TO FURTHER EXTEND TIME FOR PRE-TRIAL DEADLINES AND ORDER THEREON AND RELATED COUNTERCLAIMS.
IT IS HEREBY STIPULATED by and between the parties herein, Carl Zeiss Meditec, Inc., Optovue Corporation, Jay Wei, and Yonghua Zhao, by and through their attorneys of records, and subject to the Order of the court, as follows:
1) The parties attended mediation sessions with Mark D. Petersen on April 22, 2008 and July 8, 2008.
Thus, to facilitate this further mediation and to avoid the expense of unnecessary discovery and pre-trial preparation, the parties, on Mr. Petersen's recommendation, have agreed to extend the trial date and pre-trial schedule as follows:
5) The last day for rebuttal disclosure of identities and reports of expert witnesses, 27 currently set at September 3, 2008, shall now be November 3, 2008.
2) As part of the mediation, in an effort to further explore the possibility of informally resolving this matter, the parties, on Mr. Petersen's recommendation, agreed to conduct focused discovery pertaining to specific source code issues and engage neutral experts to assist in evaluating the source code issues. The parties have agreed to participate in a follow-up mediation session with Mr. Petersen on August 18, 2008, if not earlier, after the neutral experts have reviewed pertinent information. Mr. Petersen and the parties believe that use of the neutral experts may facilitate settlement in a fashion better than continuing overall discovery and trial preparation. Thus, Mr. Petersen and the parties believe that good cause exists for modification to the existing trial pre-trial deadlines and trial date in order to maximize the potential for settlement by the parties.
4) The last day to disclose expert witnesses and reports, currently set at August 1, 2008, shall now be October 1, 2008.
6) The expert discovery cut-off, currently set at September 17, 2008 shall be November 17, 2008.
8) The last day for all case-dispositive motions to be heard and further case management conference, currently set at November 13, 2008, shall now be December 11, 2008.*fn1
10) The trial, currently scheduled for February 23, 2009, shall now be March 23, 2009.
MORRISON & FOERSTER LLP NIXON PEABODY LLP 16 17 By__/s/ Kimberly N. Van Voorhis_______ ...