- 1 - 

FIFTH JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION CASE 

MANAGEMENT SCHEDULE AND TRIAL DATE CASE NO.: CV 08-2136 SI

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION

CONTINENTAL D.I.A. DIAMOND 

PRODUCTS, INC., a California corporation, 

Plaintiff, 

vs.

DONG YOUNG DIAMOND INDUSTRIAL

CO., LTD., a South Korean company, 

DONGSOO LEE, an individual, and DOES 1-

10, inclusive, 

Defendants.

 Case No. CV 08-2136 SI 

FIFTH JOINT STIPULATION AND 

[PROPOSED] ORDER FOR 

MODIFICATION OF CASE 

MANAGEMENT SCHEDULE AND 

TRIAL DATE

Judge: Honorable Susan Illston 

Complaint Filed: April 24, 2008 

Trial Date: July 1, 2010 

AND RELATED COUNTERCLAIMS. 

STIPULATION

WHEREAS, Continental D.I.A. Diamond Products, Inc. (“Continental” or “Plaintiff”) and 

Defendants Dong Young Diamond Industrial Co., Ltd. and DongSoo Lee (collectively 

“Defendants”) continue to engage in settlement discussions, which respective counsel believe have 

lead to a final resolution of this matter; 

WHEREAS, the parties have reached near final agreement on terms of settlement and have 

taken steps to assure settlement once reached will be effected; 

Case 3:08-cv-02136-SI Document 156 Filed 01/21/10 Page 1 of 3 Case3:08-cv-02136-SI Document155 Filed01/15/10 Page1 of 3
- 2 - 

FIFTH JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION CASE 

MANAGEMENT SCHEDULE AND TRIAL DATE CASE NO.: CV 08-2136 SI

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

WHEREAS, respective counsel for the parties have been and continue to be in frequent 

contact to attempt to resolve the differences between the parties; 

WHEREAS, the parties, mindful of this Court’s interest in having this case resolved, and 

confident of the parties’ ability to resolve this highly complex matter, are diligently working to 

finalize the settlement agreement. However, given the complicated nature of some of the 

intellectual property at issue and due to the continuing time-zone and communication, multi-lingual 

and multi-cultural challenges faced by counsel for Defendants, the parties require a small amount of 

additional time; 

WHEREAS, counsel for the parties believe that an additional fifteen (15) day suspension of 

applicable deadlines in this case will allow the parties and counsel to continue to devote their 

attention and resources to a final resolution of this matter; 

WHEREAS, the agreed upon extension of the fact and expert discovery deadlines, and 

dispositive motion deadlines is not for the purpose of delay, and the parties believe that this 

reasonable extension of time may well obviate the need for trial in this matter, and is in the interests 

of fairness and judicial economy. 

ACCORDINGLY, the parties, by and through their undersigned counsel, HEREBY 

STIPULATE as follows: 

 In order to avoid prejudicing the parties’ discovery efforts and trial preparations, and to 

allow the parties to focus on settlement negotiations, the parties agree and respectfully request that 

the current pre-trial schedule be modified as follows: 

1. The fact discovery cut-off, which is currently set for February 22, 2010, is extended 

to March 9, 2010; 

2. The deadline to designate experts, which is currently set for March 31, 2010, is 

extended to April 15, 2010; 

3. The deadline to designate rebuttal experts, which is currently set for April 26, 2010, 

is extended to May 11, 2010; and

4. The expert discovery cut-off, which is currently set for May 12, 2010, is extended to 

May 27, 2010. 

Case 3:08-cv-02136-SI Document 156 Filed 01/21/10 Page 2 of 3 Case3:08-cv-02136-SI Document155 Filed01/15/10 Page2 of 3
- 3 - 

FIFTH JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION CASE 

MANAGEMENT SCHEDULE AND TRIAL DATE CASE NO.: CV 08-2136 SI

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

5. The dates for dispositive motions are extended for fifteen (15) days, to the following 

schedule:

x Dispositive Motions Due: April 1, 2010 

x Oppositions Due: April 13, 2010 

x Replies Due: April 22, 2010 

6. The hearing on dispositive motions, which is currently set for May 3, 2010, is reset 

for May 18, 2010, or as soon thereafter as the Court’s schedule permits. 

7. All other deadlines are tolled for fifteen (15) days as of the date of this stipulation. 

IT IS SO STIPULATED BY THE PARTIES. 

Dated: January 15, 2010 MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO P.C. 

 /s/ Jeffrey M. Ratinoff 

By: JEFFREY M. RATINOFF 

Attorneys for Plaintiff/Counter-Defendant,

Continental D.I.A. Diamond Products, Inc. 

Dated: January 15, 2010 PRETI FLAHERTY BELIVEAU & PACHIOS, LLP 

 /s/ Alfred C. Frawley 

By: ALFRED C. FRAWLEY 

Attorneys for Defendants/Counterclaimants, 

Dong Young Diamond Industrial Co., Ltd., and DongSoo Lee 

PURSUANT TO STIPULATION, IT IS SO ORDERED. 

Dated:

 THE HONORABLE SUSAN ILLSTON 

UNITED STATES DISTRICT COURT JUDGE 

4813924v.1

Case3:08-cv-02136-SI Document155 Filed01/15/10 Page3 of 3

21

Case 3:08-cv-02136-SI Document 156 Filed 01/21/10 Page 3 of 3