STIPULATION TO EXTEND CASE MANAGEMENT 

DEADLINES CASE NO. CV 09-2193 EDL

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

Julie S. Turner (State Bar No. 191146) 

turner@turnerboyd.com

Karen I. Boyd (State Bar No. 189808) 

boyd@turnerboyd.com

Joshua M. Masur (State Bar No. 203510) 

masur@turnerboyd.com

TURNER BOYD LLP 

2625 Middlefield Rd. #675 

Palo Alto, California 94306 

Telephone: (650) 494-1530 

Facsimile: (650) 472-8028 

KARL R. CANNON Pro Hac Vice (Utah State Bar No. 6508) 

kcannon@chcpat.com

BRETT J. DAVIS Pro Hac Vice (Utah State Bar No. 7840)

bdavis@chcpat.com

CLAYTON, HOWARTH & CANNON, P.C. 

P.O. Box 1909 

Sandy, Utah 84091 

Telephone: (801) 255-5335 

Facsimile: (801) 255-5338 

Attorneys for Defendant and Counterclaimant 

POOL COVER SPECIALISTS NATIONAL, INC. 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

HARRY J. LAST, an individual, and AMCS, 

INC., a California corporation, 

 Plaintiffs, 

 v. 

POOL COVER SPECIALISTS NATIONAL, 

INC., a Utah corporation, 

 Defendant. 

Case No. CV 09-2193 EDL 

STIPULATION TO EXTEND CASE 

MANAGEMENT DEADLINES 

 Plaintiffs Harry J. Last and AMCS, Inc. (collectively “AMCS”) and Defendant Pool Cover 

Specialists National, Inc. (“PCSN”) hereby stipulate to extend the case management deadlines set by 

the Court in the Case Management and Pretrial Order for Jury Trial entered on August 25, 2009 

(“Case Management Order”). In particular, the parties respectfully request that this Court enter an 

Order extending each of the pertinent case deadlines by a period of approximately ninety (90) days, 

with the precise date of each pertinent deadline to be determined by the Court in accordance with the 

Case3:09-cv-02193-EDL Document38 Filed01/18/10 Page1 of 4

AS MODIFIED

Case 3:09-cv-02193-EDL Document 39 Filed 01/22/10 Page 1 of 4
STIPULATION TO EXTEND CASE MANAGEMENT 

DEADLINES 2 CASE NO. CV 09-2193 EDL

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

Court’s calendar.

This motion is based upon the directions given by the Court at the hearing held on January 5, 

2010 in conjunction with PCSN’s motion to supplement its invalidity contentions. In particular, at 

the hearing, the parties’ jointly requested the aforementioned extension of the case management 

deadlines due to AMCS’ recent substitution of counsel. The Court agreed that such an extension 

would be appropriate and directed the parties to file this stipulated motion reflecting the same. 

Below are the stipulated extensions of each of the pertinent case management deadlines: 

A. A further case management conference is set for October 26, 2010, before Magistrate 

Judge Laporte in Courtroom E, 15th Floor, U.S. District Court, 450 Golden Gate 

Avenue, San Francisco, California. 

B. An updated joint case management conference statement shall be filed no later than 

October 18, 2010. 

C. Patent L.R. 4-1 exchange of proposed terms and claims elements for construction 

shall occur no later than June 14, 2010. 

D. Patent L.R. 4-2 exchange of preliminary claim constructions and extrinsic evidence 

shall occur no later than July 14, 2010. 

E. The parties shall file a Patent L.R. 4-3 joint claim construction statement no later than 

October 7, 2010. 

F. Claim construction discovery shall be completed by September 28, 1010. 

G. The patentee shall file and serve an opening claim construction brief no later than 

October 18, 2010. 

H. An opposition claim construction brief shall be filed and served no later than 

November 1, 2010. 

I. A reply claim construction brief shall be filed and served no later than November 8, 

2010.

J. The Court will hold a claim construction tutorial on November 17, 2010, at 9:30 a.m. 

The parties shall call the Court at least a week prior to the tutorial to notify the Court 

regarding the expected length of the tutorial. 

Case3:09-cv-02193-EDL Document38 Filed01/18/10 Page2 of 4

OCTOBER 19, 2010. NOVEMBER 2, 2010 DECEMBER 1, 2010 at 2:00 p.m.

Case 3:09-cv-02193-EDL Document 39 Filed 01/22/10 Page 2 of 4
STIPULATION TO EXTEND CASE MANAGEMENT 

DEADLINES 3 CASE NO. CV 09-2193 EDL

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

K. The Court will hold a claim construction hearing on December 1, 2010, at 9:30 a.m. 

L. Jury trial will begin on June 6, 2011, at 8:30 a.m. in Courtroom E, 15th floor, 450 

Golden Gate Avenue, San Francisco, CA 94102, and will not be more than fourteen 

days. Any party who wants to order a daily transcript must notify the Court Reporter 

Supervisor at least two weeks before the trial. 

M. All non-expert discovery shall be completed no later than October 28, 2010. 

N. Expert disclosures for the party bearing the burden of proof at trial shall be made no 

later than August 16, 2010. 

O. Rebuttal expert disclosures shall be made no later than September 16, 2010. 

P. All expert discovery shall be completed no later than October 28, 2010. 

Q. The last day for hearing dispositive motions shall be February 9, 2011. Dispositive 

motions shall be served and filed no later than thirty-five (35) days prior to the 

scheduled hearing date. Any opposition shall be served and filed no later than 

twenty-one (21) days prior to the hearing date. Any reply to the opposition shall be 

served and filed no later than fourteen (14) days prior to the date of the hearing. 

R. A pretrial conference shall be held on May 17, 2011, at 2:00 p.m. in Courtroom E, 

15th Floor.

Dated and Stipulated to this 18th day of January 2010. 

Clayton, Howarth & Cannon, P.C. 

By: /s/ Karl R. Cannon /s/ 

 Karl R. Cannon 

 Attorney for Defendant and Counterclaimant 

 POOL COVER SPECIALISTS NATIONAL, INC. 

Mount & Stoelker, P.C. 

By: /s/ Daniel H. Fingerman /s/

 Daniel H. Fingerman 

 Attorney for Plaintiffs and Counter-defendants 

 HARRY J. LAST AND AMCS, INC. 

Case3:09-cv-02193-EDL Document38 Filed01/18/10 Page3 of 4

DECEMBER 15, 2010 JUNE 20, 2011 MARCH 15, 2011 FORTY-TWO (42) THIRTY-FIVE (35) TWENTY-ONE (21) JUNE 1, 2011 at 9:30 a.m.

Case 3:09-cv-02193-EDL Document 39 Filed 01/22/10 Page 3 of 4
STIPULATION TO EXTEND CASE MANAGEMENT 

DEADLINES 4 CASE NO. CV 09-2193 EDL

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

Pursuant to Paragraph X.B of General Order No. 45, the filer hereby attests that concurrence in the 

filing of the document has been obtained from the signatories.

PURSUANT TO STIPULATION, IT IS SO ORDERED. 

Dated: ___________________________ By:_______________________________ 

 Judge Elizabeth D. Laporte 

Case3:09-cv-02193-EDL Document38 Filed01/18/10 Page4 of 4

January 22, 2010

Case 3:09-cv-02193-EDL Document 39 Filed 01/22/10 Page 4 of 4