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H.W.J. Designs for Agribusiness, Inc. v. Rethceif Enterprises, LLC

United States District Court, E.D. California

October 21, 2019

H.W.J. DESIGNS FOR AGRIBUSINESS, INC., et al., Plaintiffs,
v.
RETHCEIF ENTERPRISES, LLC, et al., Defendants. Event Prior Date Continued Date

          ORDER GRANTING THE JOINT MOTION FOR CONTINUATION OF CERTAIN FACT AND EXPERT DISCOVERY DEADLINES ORDER MODIFYING SCHEDULING ORDER (DOC. 146)

          SHEILA K. OBERTO UNITED STATES MAGISTRATE JUDGE

         This is a patent infringement case filed on February 24, 2017. (Doc. 1.) On November 30, 2018, the Court entered a scheduling order, which set certain deadlines for the claim construction process, the non-expert discovery deadline for October 31, 2019, the expert discovery deadline for April 5, 2020, the non-dispositive motions filing deadline for April 5, 2020, the dispositive motions filing deadline for April 17, 2020, and a trial date of September 15, 2020. (Doc. 99.) The parties request that the Court continue certain dates in the Scheduling Order as follows:

1. Extend the non-expert discovery deadline from October 31, 2019 to November 22, 2019.
2. Extend the expert disclosures deadline from December 2, 2019, to January 13, 2020.
3. Extend the rebuttal expert disclosures deadline from January 17, 2020, to February 17, 2020.
4. Extend the expert discovery deadline from April 5, 2020, to April 6, 2020.
5. Extend the non-dispositive motions filing deadline from April 5, 2020 to April 6, 2020.

         (Doc. 146 at 3.)

         The Court finds good cause to extend the deadlines in the scheduling order pursuant to Rule 16(b)(4) of the Federal Rules of Civil Procedure, as the parties represent that due to the complexity and difficulty of scheduling numerous depositions in multiple cities across the United States, the parties require a brief extension of the discovery deadlines. Further, this is the parties' first request to extend any deadlines unrelated to the claim construction process, the extensions are brief and will not affect the dispositive motions deadline or the trial date.

         Accordingly, for good cause shown, the Court GRANTS the parties' motion and will modify the scheduling order and enlarge the deadlines as requested.

         It is ORDERED that the scheduling order, (Doc. 99), is hereby MODIFIED as follows:

Event
Prior Date
Continued Date

Non-Expert Discovery Completion

October 31, 2019

November 22, 2019

Expert Disclosures Deadline

December 2, 2019

January 13, 2020

Rebuttal Expert Disclosures Deadline

January 17, 2020

February 17, 2020

Expert Discovery Completion

April 5, 2020

April 6, 2020

Non-Dispositive Motion Filing

April 5, 2020

April 6, 2020

Non-Dispositive Motion Hearing

May 6, 2020

No change

Dispositive Motion Filing

April 17, 2020

No change

Dispositive Motion Hearing

May 26, 2020

No change

Settlement Conference

March 5, 2020, at 1:00 p.m.

No change

Pretrial Conference

July 23, 2020, at 10:00 a.m.

No change

Trial

September 15, 2020, at 8:30 a.m.

No change


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