Case 2:17-cv-08937-DMG-FFM Document 86 Filed 09/11/19 Page 1 of 6 Page ID #:1233 1 Eric A. Buresh (pro hac vice) Joseph R. Taylor (SBN 129933) 2 eric.buresh@eriseip.com jtaylor@fkks.com Adam P. Seitz (pro hac vice) Jeremy S. Goldman (SBN 306943) 3 adam.seitz@eriseip.com jgoldman@fkks.com Clifford T. Brazen (pro hac vice) Azita Iskandar (SBN 280749) 4 cliff.brazen@eriseip.com aiskandar@fkks.com 5 Chris R. Schmidt FRANKFURT KURNIT KLEIN & SELZ, chris.schmidt@eriseip.com P.C. 6 Erise IP, P.A. 2029 Century Park East, Suite 1060 7015 College Blvd. Los Angeles, California 90067 7 Suite 700 Telephone: (310) 579-9600 8 Overland Park, KS 66211 Facsimile: (347) 438-2156 Phone: (913) 777-5600 9 Facsimile: (913) 777-5601 Attorneys for Defendants Cloud Imperium 10 Games Corp. and Roberts Space Industries Ben M. Davidson (Cal. Bar. No. 181464) Corp. 11 ben@dlgla.com Davidson Law Group, a Law Corporation 12 4500 Park Granada Boulevard, Suite 202 13 Calabasas, CA 91302 Telephone: (818) 918-4622 14 Facsimile: (310) 473-2941 15 Attorneys for Plaintiff Crytek GmbH 16 IN THE UNITED STATES DISTRICT COURT 17 FOR THE CENTRAL DISTRICT OF CALIFORNIA 18 WESTERN DIVISION 19 CRYTEK GMBH, ) Case No. 2:17-cv-08937-DMG-FFM 20 ) Plaintiff, ) JOINT STIPULATION FOR THE 21 ) v. ) CONTINUANCE OF TRIAL AND 22 ) RELATED DATES CLOUD IMPERIUM GAMES CORP. ) [Filed concurrently with Proposed 23 and ROBERTS SPACE INDUSTRIES ) Order] CORP., ) 24 ) Defendants. ) Judge: Hon. Dolly M. Gee 25 ) ) 26 27 28 JOINT STIPULATION FOR THE CONTINUANCE OF TRIAL AND RELATED DATES Case 2:17-cv-08937-DMG-FFM Document 86 Filed 09/11/19 Page 2 of 6 Page ID #:1234 1 Pursuant to Local Rules 7-1 (Stipulations) and 40-1 (Continuances), Plaintiff 2 Crytek GmbH (“Crytek”) and Defendants Cloud Imperium Games Corporation and 3 Roberts Space Industries Corporation (together, “CIG”), by and through their 4 undersigned counsel, hereby stipulate and agree to jointly request that the Court 5 continue the present trial date of March 24, 2020 by approximately 3 months, to June 6 16, 2020, and to continue the related dates set in the Court’s March 7, 2019 Schedule 7 of Pretrial & Trial Dates [ECF 55-1] as follows: 8 1. Crytek filed its initial complaint on December 12, 2017 [ECF 1] and its 9 First Amended Complaint (“FAC”) on January 2, 2018 [ECF 18]. On January 5, 10 2018, CIG moved to dismiss the FAC. ECF 19. 11 2. CIG moved to stay discovery while its motion to dismiss was pending. 12 ECF 29. On April 17, 2018, Magistrate Judge Mumm denied the motion to stay as 13 moot, holding that the Court’s Standing Order did not require the parties to engage in 14 discovery until the Court issued a Scheduling Order. ECF 34. 15 3. On August 14, 2018, the Court granted in part and denied in part CIG’s 16 motion to dismiss the FAC. ECF 38. 17 4. On August 16, 2018, Crytek filed its Second Amended Complaint 18 (“SAC”). ECF 39. CIG moved to dismiss the SAC on September 6, 2018. ECF 42. 19 5. Also on September 6, 2018, the Court set a Scheduling Conference for 20 October 12, 2018. ECF 43. In anticipation of that conference, on September 28, 21 2018, the parties filed a Joint 26(f) report requesting a trial date of March 24, 2020, 22 with associated pre-trial deadlines. ECF 46. On October 11, 2018, the Court vacated 23 the Scheduling Conference. ECF 48. 24 6. On December 6, 2018, the Court granted CIG’s motion to dismiss the 25 SAC, granting Crytek one final opportunity to amend. ECF 49. On January 16, 26 2019, Crytek gave notice that it would not further amend the SAC. ECF 52. CIG 27 answered the SAC on February 6, 2019. ECF 53. 28 1 JOINT STIPULATION FOR THE CONTINUANCE OF TRIAL AND RELATED DATES Case 2:17-cv-08937-DMG-FFM Document 86 Filed 09/11/19 Page 3 of 6 Page ID #:1235 1 7. On March 7, 2019, the Court entered the Scheduling Order, which set 2 the trial for the March 24, 2020 date the parties previously proposed on September 3 28, 2018. ECF 55. 4 8. On March 29, 2019, CIG filed its motion for a bond pursuant to Cal. 5 Civ. P. Code § 1030. ECF 57. On April 5, 2019, the Court entered an order upon a 6 stipulation between the parties setting a briefing schedule on the bond motion and 7 staying CIG’s discovery obligations until the earliest of 30 days after (a) Crytek’s 8 compliance with an order granting CIG’s bond motion; (b) the Court’s entry of an 9 order denying the motion for bond; or (c) August 27, 2019. ECF 59. 10 9. On May 29, 2019, while CIG’s bond motion was still pending, Crytek 11 substituted its former counsel from the Skadden firm with its current counsel of 12 record. ECF 64, 65, 67, 68, 69, 77. 13 10. On July 18, 2019, the parties participated in a Settlement Conference 14 before Magistrate Judge MacKinnon. ECF 80. The case did not settle. Id. 15 11. On July 22, 2018, the Court granted CIG’s bond motion, ordering 16 Crytek to deposit a bond in the amount of $500,000. ECF 81. 17 12. On August 6, 2019, the parties submitted a Stipulated Protective Order 18 for the Court to enter. ECF 83. To date, the Court has not entered the Stipulated 19 Protective Order. 20 13. On August 19, 2019, Crytek posted a cashier’s check in lieu of the bond. 21 ECF 84. 22 14. Following the Settlement Conference, the parties have worked 23 cooperatively and in good faith to narrow the issues in this case and to streamline 24 discovery. However, although this case was filed on December 12, 2017, due to the 25 unusual manner this litigation has unfolded (including multiple amendments to the 26 pleadings, the motion for a bond, the absence of a protective order, and the de facto 27 stays of discovery discussed above), and despite the parties’ best efforts, the 28 discovery and trial schedule set by the Court on March 7, 2019 does not give the 2 JOINT STIPULATION FOR THE CONTINUANCE OF TRIAL AND RELATED DATES Case 2:17-cv-08937-DMG-FFM Document 86 Filed 09/11/19 Page 4 of 6 Page ID #:1236 1 parties enough time to complete fact and expert discovery, file dispositive motions, 2 and prepare this case for trial. Good cause therefore exists for a continuance of the 3 trial date and of the related dates set in the Court’s March 7, 2019 Schedule of 4 Pretrial & Trial Dates. 5 15. Moreover, the remaining claims in this case require extensive computer 6 code review that involves both non-expert and expert discovery. The completion of 7 this code review is crucial to the parties’ abilities to bring any dispositive motions. 8 Thus, good cause exists to adjust the current schedule to allow the parties to complete 9 both non-expert and expert discovery prior to the dispositive motion cut-off date. 10 16. This is the parties’ first request for a continuance of the trial date and 11 associated pre-trial deadlines in this case. 12 Based on the foregoing, the parties jointly request that the Court continue the 13 current March 24, 2020 trial date to Tuesday, June 16, 2020 or an alternative date 14 convenient for the Court, the parties, and their counsel.1 15 /// 16 /// 17 18 19 20 21 22 23 24 25 26 27 1 Please note that counsel for CIG will be out of the country and unavailable for 28 pre-trial and trial during the month of July 2020. 3 JOINT STIPULATION FOR THE CONTINUANCE OF TRIAL AND RELATED DATES Case 2:17-cv-08937-DMG-FFM Document 86 Filed 09/11/19 Page 5 of 6 Page ID #:1237 1 The parties further jointly request that the Court continue the related dates set 2 in the Court’s March 7, 2019 Schedule of Pretrial & Trial Dates as follows: 3 4 MATTER TIME JOINTLY COMPUTATION REQUESTED 5 DATE Trial June 16, 2020 6 8:30 am 7 Final Pretrial Conference (FPTC) 5 weeks before trial2 May 12, 2020 8 2:00 pm Amended Pleadings and Addition of Parties 90 days after 9 Cut-Off (includes hearing of motions to scheduling conference N/A amend) 10 Early Mediation Deadline 11 Joint Report re Results of Early Mediation N/A 12 Non-Expert Discovery Cut-Off at least 14 wks before Feb. 4, 2020 FPTC (includes hearing of discovery motions) 13 Non-Dispositive Motion Cut-Off (filing at least 13 wks before Feb. 21, 2020 14 deadline) FPTC Dispositive Motion Cut-Off (filing deadline) 4 wks after Rebuttal March 31, 2020 15 Expert Disclosure & Report Deadline 16 Initial Expert Disclosure & Report Deadline at least 9 wks before Feb. 4, 2020 17 FPTC Rebuttal Expert Disclosure & Report at least 5 wks before Mar. 3, 2020 18 Deadline FPTC 19 Expert Discovery Cut-Off (includes hearing at least 3 wks before Apr. 21, 2020 of discovery motions) FPTC 20 Second Settlement Conference Completion at least 4 wks before Apr. 14, 2020 Date FPTC 21 Motions in Limine Filing Deadline at least 3 wks before Apr. 21, 2020 22 FPTC 23 Opposition to Motion in Limine Filing at least 2 wks before Apr. 28, 2020 Deadline FPTC 24 Joint Status Report re Settlement Apr. 21, 2020 25 Proposed Pretrial Conference Order Apr. 21, 2020 26 2 27 While counsel understands that the FPTC date is typically calculated as 4 weeks before trial, due to counsel for Crytek being out of the country, the parties respectfully 28 request that it be held 5 weeks before trial. 4 JOINT STIPULATION FOR THE CONTINUANCE OF TRIAL AND RELATED DATES Case 2:17-cv-08937-DMG-FFM Document 86 Filed 09/11/19 Page 6 of 6 Page ID #:1238 1 Contentions of Fact/Law Apr. 21, 2020 2 Pretrial Exhibit Stipulation Apr. 21, 2020 Joint Exhibit List Apr. 21, 2020 3 Witness Lists & Joint Trial Witness Time Apr. 21, 2020 4 Estimate Form Agreed Statement of the Case Apr. 21, 2020 5 Proposed Voir Dire Questions Apr. 21, 2020 6 Joint Statement of Jury Instructions & Joint Apr. 21, 2020 7 Statement of Disputed Instructions Verdict Forms Apr. 21, 2020 8 9 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 10 11 DATED: 9/11/19 ERISE IP, P.A. 12 /s/ Clifford T. Brazen_______________ 13 Clifford T. Brazen Phone: (913) 777-5600 14 cliff.brazen@eriseip.com 15 Attorneys for Plaintiff CRYTEK GMBH 16 17 DATED: 9/11/19 FRANKFURT KURNIT KLEIN & SELZ P.C. 18 /s/ Jeremy S. Goldman______________ 19 Jeremy S. Goldman Phone: (310) 579-9611 20 jgoldman@fkks.com 21 Attorneys for Defendants CLOUD IMPERIUM GAMES CORP. and 22 ROBERTS SPACE INDUSTRIES CORP 23 24 ATTESTATION 25 Pursuant to Central District Local Rule 5-4.3.4(a)(2)(i), the filer of this 26 document hereby attests that all other signatories listed, and on whose behalf the 27 filing is submitted, concur in the filing’s content and have authorized this filing. 28 5 JOINT STIPULATION FOR THE CONTINUANCE OF TRIAL AND RELATED DATES