Free Report of Rule 26(f) Planning Meeting - District Court of California - California

Case 3:07-cv-02145-H-POR

Document 6

Filed 02/15/2008

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JOHN M. KIM (Bar No. 188997) IP LEGAL ADVISORS, P.C. 1940 Garnet Avenue, Suite 230 San Diego, CA 92109 Tel: (858) 272-0220 Fax: (858) 272-0221 Attorney for Defendant HD INSTALL SOLUTIONS, INC.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIi.
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BRANDON WALSH dba SO CAL INSTALLS

JOINT DISCOVE:~Y PLAN PURSUANT TO FEDERAL RlLE OF CIVIL PROCEDURE 26()
HD INSTALL SOLUTIONS, INC., a California corporation; SO CAL INSTALL; ENRIQUE E. SANTOYO, as in individual; BR YAN AYL WARD, as an individual and DOES 1-20 inclusive,

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Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, ::ounsel for the paIiies, and John

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M. Kim for Defendant HD INSTALL SOLUTIONS, INC. ("Defendan ") conferred on January 31, 2008 regarding a discovery plan in this matter. Counsel discussed' he nature and basis of their respective claims and defenses and the possibility of settlement. (:ounsel propose the following discovery plan:

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of documents and percipient witnesses required by Rule 26(a)(l) of the Federal Rules of Civil Procedure by no later than February 20, 2008.

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Case 3:07-cv-02145-H-POR

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Cut-off Date to Amend Pleadings.

The pmiies propc se that the last day to join

other parties or to amend the pleadings be August 14,2008.

Geographic scope of use in the l nited States by the paliies of their respective marks and the dates of first use of such

Actual confusion experienced by 1:oth parties, if any; Expert evaluations of liability and iamages.

required reports be served on or before November 10, 2008. The initial expert disclosures wi]I address all liability and damages issues for which that pal ty bears the initial burden of proof. Responding expeli dis ~Iosures and any required 10, 2008.

reports will be served on or be fore December

Expert witness discovery will b<: concluded on or before
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Joint Discovery Plan

Case 3:07-cv-02145-H-POR

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IV.
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January 8, 2009. The parties propose that the filIal lists of witnesses and exhibits under Rule 26(a)(3) h: due from Plaintiff and Defendant by March 19, 2009 anc the parties should have 14 days after service of final lists o' witnesses and exhibits to list objections. The parties request a pretrial conf, rence in May 2009. The case should be ready for tricl by June 10, 2009 and at this time is expected to take appro dmately 5-6 days plus jury selection time. Discovery Limitations. The pmiies propose that the discovery limitations

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set fOlih in the Federal Rules of Civil Procedure shall apply to depositi')l1s and written discovery. The parties anticipate that most of the depositions shall be limited in time as set forth by the Federal Rules of Civil Procedure; however, certain individuals (e.g. ex}erts) may require more deposition time. Therefore the parties agree to consider requests for additional time when requested. The parties further agree that a protective order be in ph.ce for the treatment of confidential information. The pmiies will draft a proposed order and p 'ovide it to the COUlifor approval. Settlement is likely to be enhanced by the use of the folowing resolution procedure: Mediation or Settlement Conference. Dated: February 15,2008 alternative dispute

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Case 3:07-cv-02145-H-POR

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Filed 02/15/2008

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By
TaD ATKINS Attorney for Plaintiff BRANDON WALSH :lba SO CAL INSTALLS

Case 3:07-cv-02145-H-POR

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Filed 02/15/2008

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I am employed in the County of San Diego, State of California I am over the age of eighteen and not a party to the within action. My business address is 1940 Gamet Avenue, Suite 230, San Diego, California 92109. I hereby certify that on February 15,2008, I electronically filec the following JOINT DISCOVERY PLAN PURSUANT TO FEDERAL RULE OF CIV[L PROCEDURE 26(1) with the Clerk of the Court using the ECF system which will send noti fication of such filing to the following parties: Todd Atkins, Esq. Atkins & Davidson 450 B Street, Suite 1430 San Diego, California 92101

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Attorneys for Plaj 'ntiff
Brandon Walsh dha SO CAL INSTALLS

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XD (Federal): I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. EXECUTED ON February 15,2008 at San Diego, California

cfJaJ1J(7--.=f:) /
Patti Windham