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West Marine, Inc v. Watercraft Superstore

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


March 1, 2013

WEST MARINE, INC.,
PLAINTIFF,
v.
WATERCRAFT SUPERSTORE, INC.,
DEFENDANT.

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

*E-FILED: March 1, 2013*

STIPULATION TO EXTEND EXPERT DISCOVERY DEADLINES IN LIGHT OF CONTINUING NEGOTIATIONS REGARDING SETTLEMENT

AND RELATED COUNTERCLAIMS

STIP TO EXTEND EXPERT DISCOVERY DEADLINES; [PROPOSED] ORDER Case No.: 5:11-04459 HRL

3 to submit rebuttal expert reports is currently set for March 1, 2013; 4

STIPULATION AND [PROPOSED] ORDER

WHEREAS, pursuant to the Court's February 19, 2013 order (Docket No. 90), the deadline

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, and are continuing to negotiate the terms of that agreement; 8 approval of the Court, to extend the rebuttal expert report deadline and the related cut-off for expert 9 discovery by five business days;

WHEREAS, in light of this tentative agreement, the parties have stipulated, subject to

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between

West Marine and Watercraft, through their counsel of record, as follows: 12

1. The deadline to submit rebuttal expert reports, currently scheduled for March 1, 2013, will be extended to March 8, 2013; 14 15 extended to March 18, 2013; 16

2. The expert discovery cutoff, currently scheduled for March 11, 2013, will be

3. The parties will apprise the Court of any further developments regarding settlement.

Dated: February 26, 2013 Respectfully submitted, 19 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 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 Continuing Negotiations Regarding 25

Settlement and [Proposed] Order. In compliance with General Order 45, X.B., I attest that the following signatory has concurred in this filing. 26 27 28

DATED: February 26, 2013 GREENBERG TRAURIG, LLP 2 3 By: /s/ Wendy M. Mantell____________________ WENDY M. MANTELL Attorneys for Plaintiff WEST MARINE, INC.

PURSUANT TO STIPULATION, IT IS SO ORDERED. 9 10

HON. HOWARD R. LLOYD

UNITED STATES DISTRICT COURT MAGISTRATE JUDGE

20130301

© 1992-2013 VersusLaw Inc.



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