Opinion
Case No. C 11-03773 RS
03-22-2013
JOE QUIRK, Plaintiff, v. SONY PICTURES ENTERTAINMENT INC., et al., Defendants.
JEFFREY T. MAKOFF (SBN 120004) RACHEL S. BRAVO (SBN 267287) MARIO R. NICHOLAS (SBN 273122) VALLE MAKOFF LLP Attorneys for Plaintiff Joe Quirk CALDWELL LESLIE & PROCTOR, PC Albert Giang Attorneys for Defendants VALLE MAKOFF LLP
JEFFREY T. MAKOFF (SBN 120004)
RACHEL S. BRAVO (SBN 267287)
MARIO R. NICHOLAS (SBN 273122)
VALLE MAKOFF LLP
Attorneys for Plaintiff
Joe Quirk
STIPULATED REQUEST FOR A SHORT CONTINUANCE OF THE
EXPERT DISCOVERY CUTOFF [L.R. 6-2] ORDER
Current Expert Cutoff: March 25, 2013
Proposed Expert Cutoff: April 30, 2013
Trial Date: May 7, 2013
Pursuant to Northern District of California Local Rule 6-2, plaintiff Joe Quirk ("Plaintiff") and defendants Sony Pictures Entertainment Inc. ("Sony"), Columbia Pictures Industries, Inc. ("Columbia"), Pariah, David Koepp and DGK, Inc. (collectively, "defendants"), by and through their undersigned attorneys, hereby file the following stipulated request for an order for a short continuance of the expert discovery cutoff:
STIPULATION
A. WHEREAS there are two dispositive motions filed by defendants that have been briefed and heard and are currently under submission before this Court: (1) a motion for summary judgment on plaintiff's copyright claims filed on September 27, 2012 (ECF No. 69, "Copyright MSJ"), and (2) a motion for summary judgment on plaintiff's implied contract claim filed on December 14, 2012 (ECF No. 93, "Implied Contract MSJ") (together, "dispositive motions");
B. WHEREAS, on January 23, 2013, the parties requested a short continuance of the trial date and related dates to facilitate the disposition of these dispositive motions, which may potentially dispose of all claims in this matter prior to expert discovery and final preparation for trial (ECF No. 108, "Stipulated Request for a Short Continuance of the Trial Date and Related Dates");
C. WHEREAS, on January 23, 2013, the Court issued an order continuing the trial date in this matter to May 7, 2013 to allow the parties and the Court to resolve dispositive motions filed by defendants (ECF No. 109, "Order Continuing Trial Date"). As part of its Order, the Court also continued expert discovery to March 25, 2013;
D. WHEREAS the parties have met and conferred and stipulated to a short continuance of the expert discovery cutoff to April 30, 2013, which would provide additional time to resolve the pending dispositive motions before the parties and the Court need to expend time and resources relating to expert discovery and final preparation for trial. To facilitate this short continuance, the parties agree to reserve the right to supplement pre-trial disclosures with expert discovery as needed; and
E. WHEREAS the parties would not be prejudiced by a short continuance of the expert discovery cutoff to April 30, 2013.
THEREFORE, the parties stipulate to the aforementioned short continuance of the expert discovery cutoff from March 25, 2013 to April 30, 2013.
IT IS SO STIPULATED.
CALDWELL LESLIE & PROCTOR, PC
By: __________
Albert Giang
Attorneys for Defendants
VALLE MAKOFF LLP
By: __________
Rachel S. Bravo
Attorneys for Plaintiff
PURSUANT TO STIPULATION, IT IS SO ORDERED.
_____________
HONORABLE RICHARD SEEBORG
District Court Judge