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Benchmark Capital Holdings Co., LLC v. the Benchmark Co.

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


January 23, 2012

BENCHMARK CAPITAL HOLDINGS CO., LLC, PLAINTIFF,
v.
THE BENCHMARK CO., LLC, DEFENDANT.

The opinion of the court was delivered by: Richard Seeborg United States District Judge

*E-Filed 1/23/12*

CASE MANAGEMENT SCHEDULING ORDER

Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the parties attended a Case Management Conference on January 19, 2012. After considering the Joint Case Management 21 Statement submitted by the parties and consulting with the attorneys of record for the parties and 22 good cause appearing, IT IS HEREBY ORDERED THAT: 23

1. ALTERNATIVE DISPUTE RESOLUTION.

MEDIATION.

This matter is referred to mediation to be completed within 90 days of the issuance of this order. The parties shall promptly notify the Court whether the case is resolved at 26 the conference. 27

2. DISCOVERY.

On or beforeJanuary 24, 2013, all non-expert discovery shall be completed by the parties.

Discovery shall be limited as follows: (a) ten (10) non-expert depositions per party, excluding third 3 parties and document custodians; (b) thirty-five (35) interrogatories per party, including all discrete 4 subparts; (c) a reasonable number of requests for production of documents or for inspection per 5 party; and (d) a reasonable number of requests for admission per party. 6

3. EXPERT WITNESSES. The disclosure and discovery of expert witness opinions shall proceed as follows: 8

A. On or before February 5, 2013, plaintiff shall disclose expert testimony and reports in 9 accordance with Federal Rule of Civil Procedure 26(a)(2).

B. On or before February 19, 2013, defendant shall disclose expert testimony and reports in court 11 accordance with Federal Rule of Civil Procedure 26(a)(2).

C. On or before March 29, 2013, all discovery of expert witnesses pursuant to Federal Rule of Civil Procedure 26(b)(4) shall be completed.

4. FURTHER CASE MANAGEMENT CONFERENCE.

A Further Case Management Conference shall be held on November 15, 2012 at 10:00 a.m. in Courtroom 3, 17th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco, California.

The parties shall file a Joint Case Management Statement at least one week prior to the Conference. 18

5. PRETRIAL MOTIONS. All pretrial motions must be filed and served pursuant to Civil Local Rule 7. All pretrial motions shall be heard no later than May 16, 2013. 20

6. PRETRIAL STATEMENTS. At a time convenient to both, counsel shall meet and 21 confer to discuss preparation of a joint pretrial statement, and on or beforeJune 13, 2013 counsel 22 shall file a Joint Pretrial Statement. 23

7. PRETRIAL CONFERENCE. The final pretrial conference will be held on June 27, 2013 at 10:00 a.m., in Courtroom 3, 17th Floor, United States Courthouse, 450 Golden Gate 25 Avenue, San Francisco, California. Each party or lead counsel who will try the case shall attend 26 personally. 27

8. TRIAL DATE. Trial shall commence on July 22, 2013 at 9:00 a.m., in Courtroom 3, 17th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco, California. 3 4

IT IS SO ORDERED.

20120123

© 1992-2012 VersusLaw Inc.



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