CTK Co., LTD v. Bare Escentuals Beauty, Inc. et al

NOTICE OF MOTION AND MOTION to Extend Discovery Cut-Off Date to 2/20/2018

C.D. Cal.November 9, 2017

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 CTK’S UNOPPOSED MOTION TO EXTEND FACT DISCOVERY DEADLINE No. 2:16-cv-03153-RSWL-AFM Bijal V. Vakil (SBN 192878) Email: bvakil@whitecase.com Carmen Lo (SBN 280441) Email: clo@whitecase.com WHITE & CASE LLP 555 South Flower Street, Suite 2700 Los Angeles, CA 90071-2433 Telephone: (213) 620-7700 Facsimile: (213) 452-2329 Scott T. Weingaertner (pro hac vice) WHITE & CASE LLP 1221 Avenue of the Americas New York, NY 10090-1095 Telephone: (212) 819-8200 Facsimile: (212) 354-8113 Email: scott.weingaertner@whitecase.com Attorneys for Plaintiff, CTK Co., Ltd. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION CTK CO., LTD., a Korean Corporation, Plaintiff, v. BARE ESCENTUALS BEAUTY, INC., a Delaware Corporation; WORMSER CORPORATION, a New Jersey Corporation; and JOHN DOES 1 through 10, inclusive, Defendants. Case No. 2:16-cv-03153-RSWL-AFM CTK’S NOTICE OF MOTION AND UNOPPOSED MOTION TO EXTEND FACT DISCOVERY DEADLINE Judge: Hon. Ronald S.W. Lew Date: December 12, 2017 Time: 10:00 AM Courtroom: TBD Case 2:16-cv-03153-RSWL-AFM Document 72 Filed 11/09/17 Page 1 of 5 Page ID #:604 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 CTK’S UNOPPOSED MOTION TO EXTEND FACT DISCOVERY DEADLINE No. 2:16-cv-03153-RSWL-AFM NOTICE OF UNOPPOSED MOTION TO EXTEND FACT DISCOVERY DEADLINE PLEASE TAKE NOTICE that on December 12, 2017 at 10:00 A.M. or as soon thereafter as the matter may be heard, before the Honorable Ronald S.W. Lew of the United States District Court for the Central District of California, Los Angeles Courthouse, 350 West First Street, Suite 4311, Los Angeles, CA 90012, Plaintiff CTK Co., Ltd. (“CTK”) hereby moves the Court to extend the fact discovery deadline by 21 days to February 20, 2018. This motion is made following the conference of counsel pursuant to L.R. 7- 3 which took place on November 9, 2017. Defendants Bare Escentuals Beauty, Inc. (“BE”) and Wormser Corporation (“Wormser”) do not oppose this motion. This motion is based upon this Notice of Motion, the Memorandum of Points and Authorities in Support of the Motion, the Declaration of Bijal V. Vakil in support and all pleadings and records on file in this action and any other arguments and evidence presented to this Court at or before the hearing on this motion. Dated: November 9, 2017 Respectfully submitted, WHITE & CASE LLP By: /s/ Bijal V. Vakil Bijal V. Vakil Attorneys for Plaintiff, CTK Co., Ltd. Case 2:16-cv-03153-RSWL-AFM Document 72 Filed 11/09/17 Page 2 of 5 Page ID #:605 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 CTK’S UNOPPOSED MOTION TO EXTEND FACT DISCOVERY DEADLINE No. 2:16-cv-03153-RSWL-AFM MEMORANDUM OF POINTS AND AUTHORITIES I. Introduction The parties’ diligence and good faith efforts to resolve this matter through ADR establish good cause to extend the fact discovery cut-off by 21 days to allow the parties to continue their settlement discussions following their recent mediation. CTK filed this action on May 6, 2016, alleging that BE infringes CTK’s U.S. Patent No. 8,807,147. ECF No. 1. On July 7, 2017, CTK filed its First Amended Complaint adding Wormser as a defendant. ECF No. 55. On October 13, 2016, the Court referred this case to alternative dispute resolution before a private mediator, as requested by the parties in their Joint Rule 26(f) Report. ECF No. 29. On October 13, 2016, the Court entered a Scheduling Order setting the fact discovery cut-off date of September 19, 2017. ECF No. 30. On August 4, 2017, the parties mutually agreed to participate in a mediation before a private mediator in an effort to resolve this matter without further burdening the Court. See ECF No. 62-1 at ¶ 4. On August 7, 2017, the parties filed a Joint Stipulation to extend the fact discovery cut-off date to allow the parties to focus their resources on preparing for the upcoming mediation. ECF No. 62. The Court granted the Joint Stipulation on August 18, 2017, extending the fact discovery cut-off from September 19, 2017 to January 30, 2018. ECF No. 64. The parties conducted their mediation session with a JAMS mediator on October 26, 2017. Following the mediation session, the parties have been actively engaged in settlement discussions. See Vakil Decl. ¶ 2-9. The parties agree that the discussions have been productive, and believe that continued discussions may result in settlement of this matter. In view of the parties’ continued efforts to reach a settlement, the parties have agreed, subject to the Court’s approval, to extend the fact discovery deadline by 21 days, up to and including February 20, 2018, and to continue the deadlines for outstanding discovery responses by 21 days. Case 2:16-cv-03153-RSWL-AFM Document 72 Filed 11/09/17 Page 3 of 5 Page ID #:606 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 CTK’S UNOPPOSED MOTION TO EXTEND FACT DISCOVERY DEADLINE No. 2:16-cv-03153-RSWL-AFM II. Argument The current fact discovery cut-off is January 30, 2018. The parties believe and contend there is good cause to extend the deadline to allow the parties to focus their resources on continuing settlement negotiations, which may resolve this case in its entirety. See C.F. v. Capistrano Unified Sch. Dist., 654 F.3d 975, 984 (9th Cir. 2011) (quoting Fed. R. Civ. P. 16(b)(4)) (a scheduling order may be modified “only for good cause and with the judge's consent”). CTK therefore requests an extension of the fact discovery deadline to February 20, 2018. This extension does not affect any other case management deadlines. The parties have been diligent in seeking the requested extension. In the time since the Court granted the first extension of the fact discovery deadline on August 18, 2017, the parties have been engaged in good faith settlement discussions and a mediation in their efforts to resolve this matter without further burdening the Court. During preparation for the mediation, defendants BE and Wormser changed counsel in September 2017 and October 2017, respectively. See ECF Nos. 67, 71. As a result of parties’ preparation for the mediation, active settlement discussions before and after the mediation, and changes in counsel, the parties are unable to meet the fact discovery deadline despite their diligence. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992) (noting that the good cause standard “primarily considers the diligence of the party seeking the amendment,” and the court may grant relief from a scheduling deadline if the deadline “cannot reasonably be met despite the diligence of the party seeking the extension”). The parties’ diligence and good faith efforts to resolve this matter through ADR establish good cause to extend the fact discovery deadline as requested. See Hilton v. Twain Harte Cmty. Servs. Dist., No. 1:12-CV-01360-SMS, 2014 U.S. Dist. LEXIS 88940, at *3-4 (E.D. Cal. June 27, 2014) (vacating scheduling order in light of the parties’ “diligence and reasonable good faith efforts to engage in settlement efforts”). Case 2:16-cv-03153-RSWL-AFM Document 72 Filed 11/09/17 Page 4 of 5 Page ID #:607 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 CTK’S UNOPPOSED MOTION TO EXTEND FACT DISCOVERY DEADLINE No. 2:16-cv-03153-RSWL-AFM III. Conclusion For the reasons set forth above, CTK respectfully requests that the Court enter the Proposed Order filed concurrently with this motion extending the fact discovery deadline by 21 days to February 20, 2018. Dated: November 9, 2017 Respectfully submitted, WHITE & CASE LLP By: /s/ Bijal V. Vakil Bijal V. Vakil Attorneys for Plaintiff, CTK Co., Ltd. Case 2:16-cv-03153-RSWL-AFM Document 72 Filed 11/09/17 Page 5 of 5 Page ID #:608