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Kosmix Corporation v. Healthpricer Interactive Stricken Limited

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


June 29, 2011

KOSMIX CORPORATION,
PLAINTIFF,
v.
HEALTHPRICER INTERACTIVE STRICKEN LIMITED, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Howard R. Lloyd United States Magistrate Judge

** E-filed June 29, 2011 **

NOT FOR CITATION

CASE MANAGEMENT SCHEDULING ORDER AND ORDER TO SHOW CAUSE WHY DEFENDANT'S ANSWER SHOULD NOT BE

The order that follows is based on the discussion at the June 28, 2011 Case Management Conference and the previous y filed Joint Case Management Statement.

The court adopts the parties' statement of disputed factual and legal issues as set forth in the Joint Case Management Statement. The presumptive limits on discovery set forth in the Federal 21 Rules of Civil Procedure shall apply. 22

The parties have agreed to mediation for purposes of ADR. However, if the case has not 23 settled, the parties shall contact the chambers of Magistrate Judge Grewal well in advance of the 24 Pretrial Conference to arrange a Settlement Conference to take place prior to the Pretrial 25 Conference.

The following schedule shall also apply to this case:

Fact Discovery Cutoff December 2, 2011

Designation of Experts with Reports December 16, 2011 Designation of Rebuttal Experts with Reports December 30, 2011

Expert Discovery Cutoff January 20, 2012

Last Day for Hearings on Dispositive Motions March 27, 2012 at 10:00 a.m.

Final Pretrial Conference July 31, 2012 at 1:30 p.m. Jury Trial August 6, 2012

In the event discovery disputes arise, the parties shall comply with this court's "Standing

Order re: Civil Discovery Disputes," which sets forth the applicable requirements and procedures 8 for filing Discovery Dispute Joint Reports rather than noticed discovery motions.*fn1 Parties seeking to 9 compel fact discovery must file a Joint Report no later than seven days after the Fact Discovery 10

Cutoff, and parties seeking to compel expert discovery must file a Joint Report no later than seven days after the Expert Discovery Cutoff. SeeN.D. Cal. Civ. R. 37-3.

Furthermore, the parties shall comply with the court's "Standing Order re: Pretrial Preparation" with respect to the timing and content of the Joint Pretrial Statement and other pretrial 14 submissions. 15

In addition, defendant Healthpricer Interactive Limited is ORDERED to appear on September 20, 2011 at 10:00 a.m. in Courtroom 2, Fifth Floor, United States District Court, 280 S.

First Street, San Jose, California, 95113 and show cause why its answer should not be stricken 18 because it was signed by Graeme Wright, Vice President of Finance, but, as a business entity, it may 19 only proceed in this court through an attorney. See Civ. L.R. 3-9(b). 20 21

IT IS SO ORDERED.

C10-04843 HRL Notice will be electronically mailed to:

Nils Rosenquest nrosenquest@earthlink.net, rosenquest@earthlink.net Susan Alison Bush rosenquestlaw@earthlink.net 3 See General Order 45 Section IX C.2 and D; Notice has NOT been electronically mailed to: 4 Healthpricer Interactive Limited 5 Attn: Graeme Wright VP Finance 6 704-595 Howe Street Vancover BC Canada, V6C2T5 7

Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.


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