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SIXTH JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION CASE 

MANAGEMENT SCHEDULE CASE NO : CV 08-2136 SI

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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

SIXTH JOINT STIPULATION AND 

[PROPOSED] ORDER FOR 

MODIFICATION OF CASE 

MANAGEMENT SCHEDULE

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 will

lead to a final resolution of this matter;

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

exception of one remaining issue that is the subject of continued negotiations and counsel has taken 

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SIXTH JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION CASE 

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steps to assure settlement once reached will be effected;

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 the one remaining 

intellectual property 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 full 

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 March 9, 2010, is extended to 

March 24, 2010;

2. The deadline to designate experts, which is currently set for April 15, 2010, is 

extended to April 30, 2010;

3. The deadline to designate rebuttal experts, which is currently set for May 11, 2010, is 

extended to May 26, 2010; and 

//

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SIXTH JOINT STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION CASE 

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4. The expert discovery cut-off, which is currently set for May 27, 2010, is extended to 

June 11, 2010.

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

schedule:

• Dispositive Motions Due: May 7, 2010

• Oppositions Due: May 21, 2010

• Replies Due: May 28, 2010

6. The hearing on dispositive motions, which is currently set for May 21, 2010, is reset 

for June 11, 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: February 9, 2010 K&L GATES LLP

/s/ Jeffrey M. Ratinoff

By: JEFFREY M. RATINOFF

Attorneys for Plaintiff/Counter-Defendant,

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

Dated: February 9, 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

Pretrial Conference: 6/29/10 @

3:30 p.m.

Jury Trial: 7/12/10 @ 8:30 a.m.

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