The opinion of the court was delivered by: The Honorable Susan Illston United States District Court Judge
SIXTH JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION OF CASE MANAGEMENT SCHEDULE AND RELATED COUNTERCLAIMS. STIPULATION
Complaint Filed: April 24, 2008
Judge: Honorable Susan Illston
WHEREAS, Continental D.I.A. Diamond Products, Inc. ("Continental" or "Plaintiff") and
Defendants Dong Young Diamond Industrial Co., Ltd. and DongSoo Lee (collectively "Defendants") continue to engage in settlement discussions, which respective counsel believe will lead to a final resolution of this matter;
WHEREAS, the parties have reached near final agreement on terms of settlement with the exception of one remaining issue that is the subject of continued negotiations and counsel has taken steps to assure settlement once reached will be effected; contact to attempt to resolve the differences between the parties; confident of the parties' ability to resolve this highly complex matter, are diligently working to finalize the settlement agreement. However, given the complicated nature of the one remaining intellectual property issue and due to the continuing time-zone and communication, multi-lingual and multi-cultural challenges faced by counsel for Defendants, the parties require a small amount of additional time; applicable deadlines in this case will allow the parties and counsel to continue to devote their full attention and resources to a final resolution of this matter; dispositive motion deadlines is not for the purpose of delay, and the parties believe that this reasonable extension of time may well obviate the need for trial in this matter, and is in the interests of fairness and judicial economy.
WHEREAS, respective counsel for the parties have been and continue to be in frequent
WHEREAS, the parties, mindful of this Court's interest in having this case resolved, and
WHEREAS, counsel for the parties believe that an additional fifteen (15) day suspension of
WHEREAS, the agreed upon extension of the fact and expert discovery deadlines, and
ACCORDINGLY, the parties, by and through their undersigned counsel, HEREBY STIPULATE as follows:
allow the parties to focus on settlement negotiations, the parties agree and respectfully request that the current pre-trial ...