The opinion of the court was delivered by: Hon. Samuel Conti United States District Judge
J. Andrew Coombs (SBN 123881) firstname.lastname@example.org Annie S. Wang (SBN 243027) email@example.com Nicole L. Drey (SBN 250235) firstname.lastname@example.org J. Andrew Coombs, A P. C. 517 East Wilson Avenue, Suite 202 Glendale, California 91206 Telephone: (818) 500-3200 Facsimile: (818) 300-3201 Attorneys for Plaintiff Adobe Systems Incorporated Rodney B. Sorensen (SBN 196926) email@example.com Payne & Fears LLP Attorneys at Law One Embarcadero Center, Suite 2300 San Francisco, California 94111 Telephone: (415) 398-7860 Facsimile: (415) 398-7863 Robert R. Brunelli, admitted pro hac vice firstname.lastname@example.org Patricia Y. Ho, admitted pro hac vice email@example.com Sheridan Ross PC 1560 Broadway, Suite 1200 Denver, Colorado 80202 Telephone: (303) 863-9700 Facsimile: (303) 863-0223 Attorneys for Defendant Royal Distribution Inc.
JOINT STIPULATION TO CONTINUE TRIAL AND PRE-TRIAL DATES
Plaintiff Adobe Systems Incorporated ("Plaintiff") and Defendant Royal Distribution, Inc. ("RDI") (collectively "Defendants"), by and through their respective counsel of record, hereby stipulate and agree as follows:
WHEREAS Plaintiff filed its complaint against Defendant on or about August 13, 2010;
WHEREAS the Court held a Case Management Conference on or about December 3, 2010;
WHEREAS the Court set a trial date of September 6, 2011, and a discovery cut-off date of July 6, 2011, among other dates;
WHEREAS the parties have diligently been pursuing the completion of written discovery, but certain disputes are still outstanding before Magistrate Judge Beeler, including a Joint Letter which was filed on or about May 4, 2011;
WHEREAS mediation was conducted on May 11, 2011, at which time significant progress was made towards settlement. In light of such progress, a second mediation session has been scheduled for June 7, 2011;
WHEREAS the Parties are optimistic that this matter can settle in the very near future but are concerned over the impending discovery cut-off and other impending pre-trial dates, which could cause fees to be incurred that would unnecessarily hinder settlement;
WHEREAS lead trial counsel for Plaintiff as well as lead trial counsel for Defendant will alternatively be unavailable for a significant period of time in June and July, preventing and/or delaying the taking of certain necessary depositions;
WHEREAS a brief continuance of the trial and pre-trial dates would allow the parties sufficient time to attend the second mediation session and hopefully resolve this matter without further need for intervention from the Court or, alternatively, to complete discovery and other pre- trial preparations thereafter; and
WHEREAS there has been no prior continuance of the trial in this matter or request to continue the trial, pre-trial or discovery cut-off dates.
NOW, THEREFORE, Plaintiff and Defendant stipulate and request that all pending dates in this Action be continued for approximately sixty (60) days to allow additional time for settlement such that trial may possibly be avoided. The Parties request that the new trial date be set for November 8, 2011, or a date ...