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West Marine, Inc v. Watercraft Superstore

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


March 8, 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 8, 2013*

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

STIPULATION AND [PROPOSED] ORDER

WHEREAS, pursuant to the Court's March 1, 2013 order (Docket No. 92), the deadline to 3 submit rebuttal expert reports is currently set for March 8, 2013; 4

WHEREAS, the parties, Plaintiff West Marine, Inc. ("West Marine") and Defendant 5 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; 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 five business days; 10

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between 11 West Marine and Watercraft, through their counsel of record, as follows: 12

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

2. The expert discovery cutoff, currently scheduled for March 18, 2013, will be 15 extended to March 22, 2013; 16

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

Dated: March 5, 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.

DATED: March 5, 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

20130308

© 1992-2013 VersusLaw Inc.



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