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Custom Led, LLC v. Ebay Inc.

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


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 a revision of the

WHEREAS, the deadlines the Parties seek to modify have not previously been modified.

NOW, THEREFORE, the parties agree to and request that the Court enter an order setting 2 the following deadlines and briefing schedule in this matter: 3 4 1. Identify expert and fact witnesses by name, February 15, 2013 address, telephone number and general subject matter of testimony and knowledge Event Proposed Deadline

2. Plaintiff's expert reports under Rule 26(a)(2) March 15, 2013

3. Defendants' expert reports under Rule 26(a)(2). April 12, 2013 If eBay believes in good faith that the issues raised in Plaintiff's expert report(s) could not have been reasonably anticipated at the time of the disclosure contemplated in Clause 1 above and the issues cannot reasonably be addressed by its witnesses disclosed under Clause 1, eBay may present expert report(s) and support from expert witnesses that were not previously identified, but only in order to address such unanticipated issues.

4. Rebuttal expert reports under 26(a)(2) May 3, 2013 Plaintiff's rebuttal expert report(s) shall be limited to responding to the issues raised in eBay's expert report(s) and other support submitted therewith. If Plaintiff believes in good faith that the issues raised in eBay's expert report(s) and supporting materials could not have been reasonably anticipated at the time of the disclosure contemplated in Clause 1 above and the issues cannot reasonably be addressed by a witness previously disclosed under Clause 1, Plaintiff may present expert report(s) and support from expert witnesses that were not previously identified, but only in order to address such unanticipated issues.

5. Discovery cut-off for fact and expert discovery May 17, 2013 regarding class certification

6. Motion for class certification May 24, 2013

7. Response to motion for class certification June 24, 2013

8. Reply in support of motion for class certification July 19, 2013

9. Hearing on motion for class certification August 2, 2013

Any expert report or declaration from witnesses other than those identified pursuant to

2 the process outlined above may not be used in connection with the class certification process 3 unless the party obtains leave of the Court upon a showing of good cause. 4 5

IT IS SO STIPULATED. 6 7

Dated: November 20, 2012. FIGARI & DAVENPORT, LLP 8 9 /s/ KEITH R. VERGES 10 Attorneys for Plaintiff 11 12 Dated: November 20, 2012. COOLEY LLP 13 14 /s/ WHITTY SOMVICHIAN (194463) 15 Attorneys for Defendants

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. 20 21

UNITED STATES DISTRICT JUDGE

20121121

© 1992-2012 VersusLaw Inc.



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