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Masterobjects, Inc. v. Ebay, Inc.

United States District Court, Ninth Circuit

November 19, 2013

MASTEROBJECTS, INC., Plaintiff,
v.
EBAY, INC., Defendant.

Spencer Hosie, HOSIE RICE LLP, Attorney for Plaintiff, MasterObjects, Inc.

John H. Barr, Jr., (TX 00783605), Christopher A. Shield, (TX 24046833), Bracewell & Giuliani LLP, Houston, Texas.

Martin L. Pitha, (CA 192447), Pro Hac Vice, Smith Lillis Pitha LLP, Irvine, CA, Attorneys for Defendant EBAY INC.

STIPULATION TO EXTEND CERTAIN PRETRIAL DATES AND [PROPOSED] ORDER

JACQUELINE SCOTT CORLEY, Magistrate Judge.

Pursuant to Civil Local Rule 7-12, Plaintiff MasterObjects, Inc. ("MasterObjects") and Defendant eBay Inc. ("eBay") stipulate through their respective counsel of record as follows:

WHEREAS, on May 2, 2013 a further Case Management Conference was held in this case following the issuance of the Court's claim construction order, at which the Court set a case schedule that included discovery cut-off, expert disclosure and other pre-trial dates, and also set a date for trial;

WHEREAS, the parties agreed to brief extensions of the discovery cut-off and certain expert dates, by stipulation dated August 22, 2013, upon which the Court entered its order on August 23, 2013;

WHEREAS, the parties agreed to a further brief extension of the dates for expert reports and certain pre-trial dates, by stipulation dated September 30, 2013, upon which the Court entered its order on October 1, 2013;

WHEREAS, MasterObjects has requested that certain expert deadlines be extended to accommodate the schedule of its counsel and experts, and eBay has agreed to accommodate MasterObjects' request, the parties request a brief extension of the deadlines to serve rebuttal expert reports and the deadlines for expert discovery, with all other deadlines remaining unchanged;

WHEREAS, the parties submit that the proposed change to the schedule is reasonably necessary for the orderly preparation of expert reports and completion of expert discovery;

NOW THEREFORE, the parties through their undersigned counsel hereby stipulate and request that the Court order the extension of dates for rebuttal expert reports and the expert discovery deadlines as shown in the chart below:

Current Date Proposed Date Last Day for Rebuttal Expert Reports (Non-Damages) December 2, 2103 December 9, 2013 Last Day to Complete Expert Discovery December 13, 2013 December 18, 2013 (Non-Damages) Last Day to File Dispositive Motions December 23, 2013 December 23, 2013

Last Day for Rebuttal Expert Report on December 2, 2013 January 9, 2013 Damages Last Day to Complete Expert Discovery on December 13, 2013 January 24, 2013 Damages Dispositive Motion Hearing February 10, 2013 February 10, 2013 Last Day to File Daubert Motions February 10, 2013 February 10, 2013 Pretrial Filings Due March 10, 2013 March 10, 2013 Trial April 21, 2013 April 21, 2013

IT IS SO STIPULATED.

I hereby attest pursuant to General Order 45.X.B. that concurrence in the electronic filing of this document has been obtained from the other signatories.

[PROPOSED] ORDER

Pursuant to the stipulation of the parties, it is hereby ORDERED that the pre-trial dates are extended to the proposed dates set forth above in the parties' stipulation.

PURSUANT TO STIPULATION IT IS SO ORDERED.


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