UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
February 12, 2013
WEST MARINE, INC., PLAINTIFF,
WATERCRAFT SUPERSTORE, INC., DEFENDANT.
The opinion of the court was delivered by: Judge: Magistrate Judge Howard R. Lloyd
STIPULATION TO EXTEND EXPERT DISCOVERY DEADLINES IN LIGHT OF TENTATIVE AGREEMENT REGARDING SETTLEMENT (MODIFIED BY THE COURT) AND RELATED COUNTERCLAIMS
STIPULATION AND [PROPOSED] ORDER
WHEREAS, the deadline to submit rebuttal expert reports is currently set for February 15, 2013; 4
WHEREAS, the parties, Plaintiff West Marine, Inc. ("West Marine") and Defendant Watercraft Superstore, Inc. ("Watercraft"), have reached a tentative agreement concerning the 6 settlement of all claims in this action; 7
WHEREAS, in light of this tentative agreement, the parties have stipulated, subject to 8 approval of the Court, to extend the rebuttal expert report deadline and the related cut-off for expert 9 discovery by one week; 10
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between 11 West Marine and Watercraft, through their counsel of record, as follows: January 25, 2013,
1. The deadline to submit rebuttal expert reports, currently scheduled for February 15, February 15, 2013 2013, will be extended to February 22, 2013;
2. The expert discovery cutoff, currently scheduled for February 25, 2013, will be extended to March 4, 2013; 16
2. The parties will apprise the Court of any further developments regarding settlement.
Dated: February 12, 2013 Respectfully submitted, 19 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 20 21 By: /s/ Allen Ruby ____________________________ ALLEN RUBY Attorneys for Defendant WATERCRAFT SUPERSTORE, INC.
I, Allen Ruby, am the ECF User whose ID and password are being used to file this Stipulation To Extend Expert Discovery Deadlines In Light Of Tentative Agreement Regarding Settlement and [Proposed] Order. In compliance with General Order 45, X.B., I attest that the following signatory has concurred in this filing.
DATED: February 12, 2013 GREENBERG TRAURIG, LLP 2 3 By: /s/ Ian C. Ballon___________________________ IAN C. BALLON Attorneys for Plaintiff WEST MARINE, INC.
PURSUANT TO STIPULATION, IT IS SO ORDERED. 9
The Court does not intend to extend the deadline for hearings on dispositive motions.
DATED: __________, 2013 February 12
HON. HOWARD R. LLOYD UNITED STATES DISTRICT COURT MAGISTRATE JUDGE
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