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Custom Led, LLC v. Ebay Inc.

November 21, 2012

CUSTOM LED, LLC, PLAINTIFF,
v.
EBAY INC., EBAY EUROPE S.A.R.L.,
AND EBAY INTERNATIONAL AG, DEFENDANTS.



[PROPOSED] ORDER

Jury Trial Demanded

This Stipulation to Amend Scheduling Order is entered into pursuant to Local Rules 6-2 23 and 7-12, by and between Plaintiff Custom LED, LLC ("Plaintiff") and Defendant eBay Inc. 24 ("eBay") (collectively, the "Parties"), by and through the respective undersigned counsel. 25 WHEREAS, on May 30, 2012, the Court set a class certification briefing schedule 26 providing for class certification briefing to be completed by February 22, 2013; setting 27 28 December 21, 2012 as the cut-off date for expert and fact discovery; and setting November 16, 2012 as the deadline for disclosing expert and fact witnesses for class certification;

4 previously set discovery and class certification deadlines difficult; 6 more time-consuming than originally contemplated; for example, on November 2, 2012, eBay 7 produced documents bearing bates labels EBAY_LED_002004-007471, more than doubling the 8 prior production and additional document productions are in process; in addition, the Parties are 9 continuing to confer on a further production of documents by Plaintiff; 10 been completed; 12
13 for decision in an effort to mutually resolve discovery issues as much as possible via conference 14 and supplementation; 15 the Parties anticipated submitting expert reports on class certification issues and conducting 17 expert discovery along with each Party's class certification briefing; 18

addressing expert issues and now wish to exchange expert reports and conduct expert discovery 20 on class certification issues prior to class certification briefing process; 21

22 existing deadlines as set forth below, to provide the additional time needed to complete written 23 discovery, document productions, and depositions, and in order to accommodate the exchange of 24 expert reports and complete expert discovery on class certification issues prior to class 25 certification briefing; 26

WHEREAS, Plaintiff's mother recently passed away, making compliance with the

WHEREAS, the Parties written discovery and document productions have also proven

WHEREAS, as a result of the timing of document productions, no depositions have yet

WHEREAS, the Parties have refrained from submitting discovery disputes to the Court

WHEREAS, at the time the current class certification and discovery deadlines were set,

WHEREAS, the Parties have since conferred further on the appropriate process for

WHEREAS, counsel have met and conferred and agreed to jointly seek ...


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