Smart Modular Technologies, Inc. v. Netlist, Inc.

Filing 76

STIPULATION and ORDER 74 signed by Chief Judge Morrison C. England, Jr on 11/21/2012 GRANTING Netlist leave to file a Memorandum in Opposition to Smart Modular's Motion for Preliminary Injunction of up to 25 pages excluding the cover page and tables of contents and authorities, and granting Smart Modular leave to file a Reply Memorandum of up to 15 pages excluding the cover page and tables of contents and authorities. (Krueger, M)

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SEAN C. CUNNINGHAM (Bar No. 174931)
[e-mail]
EDWARD H. SIKORSKI (Bar No. 208576)
[e-mail]
ERIN P. GIBSON (Bar No. 229305)
[e-mail]
RYAN W. COBB (Bar No. 277608)
[e-mail]
DLA PIPER LLP (US)
401 B Street, Suite 1700
San Diego, CA 92101-4297
Telephone:
619.699.2700
Facsimile:
619.699.2701
RAJIV DHARNIDHARKA (Bar No. 234756)
[e-mail]
DLA PIPER LLP (US)
400 Capitol Mall, Suite 2400
Sacramento, CA 95814
Telephone: [phone]
Facsimile:
650-833-2001
Attorneys for Defendant
NETLIST, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SMART MODULAR TECHNOLOGIES,
INC.,
Plaintiff,

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v.

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NETLIST,

Case No. 2:12-CV-02319-MCE-EFB
STIPULATION AND ORDER TO
INCREASE PAGE LIMIT FOR
DEFENDANT NETLIST’S OPPOSITION
TO PLAINTIFF SMART MODULAR’S
MOTION FOR PRELIMINARY
INJUNCTION AND TO INCREASE PAGE
LIMIT FOR PLAINTIFF’S REPLY BRIEF

Defendant.

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Judge:

Hon. Morrison C. England, Jr.

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Pursuant to Local Rule 143 and Order Requiring Joint Status Report (ECF No. 6) section

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8, Plaintiff Smart Modular Technologies Inc. (“Smart Modular”) and Defendant Netlist, Inc.

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(“Netlist”) stipulate as follows:

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///

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///

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WHEREAS, on September 10, 2012, Smart Modular filed an ex parte application for

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leave to file a brief in support of its motion for preliminary injunction in excess of 20 pages,

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which application Netlist did not oppose and which application the Court granted on September

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21, 2012. (ECF. Nos. 7-9, 18.)

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WHEREAS, on September 21, 2012, Smart Modular filed its motion for preliminary

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injunction with a twenty-three page memorandum of points and authorities (excluding the cover

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page and tables of contents and authorities), supported by six declarations, including two expert

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declarations and more than fifty exhibits. (ECF Nos. 22, 25.)

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WHEREAS, on October 12, 2012, Magistrate Judge Brennan issued an order allowing the

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parties to conduct preliminary injunction-related discovery. (ECF No. 52.) In response to this

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order, Netlist deposed five of the Smart Modular witnesses who provided declarations in support

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of Smart Modular’s motion for preliminary injunction. Smart Modular also produced more than

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80,000 pages of documents in response to the order.

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WHEREAS, based on the length of Smart Modular’s memorandum of points and

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authorities in support of it motion for preliminary injunction, the declarations and exhibits

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supporting the motion, and the discovery conducted to date, Netlist believes that it needs up to

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five additional pages for its memorandum in opposition to Smart Modular’s motion for

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preliminary injunction, for a total of twenty-five pages excluding the cover page and tables of

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contents and authorities.

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WHEREAS, Smart Modular does not oppose Netlist’s request for five additional pages for
its opposition brief.

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WHEREAS, based on the page limit increase requested by Netlist and the discovery to be

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conducted by Smart Modular, Smart Modular believes that it needs up to five additional pages for

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its reply memorandum in support of its motion for preliminary injunction, for a total of fifteen

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pages excluding the cover page and tables of contents and authorities.

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WHEREAS, Netlist does not oppose Smart Modular’s request for five additional pages for
its reply brief.

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DLA P IPER LLP (US)
SAN DIEGO

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WHEREAS, Netlist’s opposition to Smart Modular’s motion for preliminary injunction is
due on November 30, 2012. (ECF No. 59.)
NOW, THEREFORE, the parties, by and through their counsel, hereby respectfully

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request that the Court approve their stipulation and enter an order granting Netlist leave to file a

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memorandum in opposition to Smart Modular’s motion for preliminary injunction of up to twnty-

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five pages excluding the cover page and tables of contents and authorities and granting Smart

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Modular leave to file a reply memorandum in support of its motion for preliminary injunction of

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up to fifteen pages excluding the cover page and tables of contents and authorities.

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Dated: November 14, 2012

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Orrick, Herrington & Sutcliffe LLP
By: _/s/ Stacy E. Don______________________
NORMAN C. HILE
MICHAEL F. HEAFEY
MONTE COOPER
STACY E. DON
ALAN M. CHEN
Attorneys for Plaintiff
SMART MODULAR TECHNOLOGIES, INC.

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Dated: November 14, 2012

DLA PIPER LLP (US)

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By: /s/ Rajiv Dharnidharka
SEAN C. CUNNINGHAM
EDWARD H. SIKORSKI
ERIN P. GIBSON
RAJIV DHARNIDHARKA
RYAN W. COBB
Attorneys for Defendant
NETLIST, INC.

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DLA P IPER LLP (US)
SAN DIEGO

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ATTESTATION CLAUSE

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I attest under penalty of perjury that the concurrence in the filing of this document has
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been obtained from its signatories.
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Dated: November 14, 2012

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By: /s/ Rajiv Dharnidharka
RAJIV DHARNIDHARKA

IT IS SO ORDERED.

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Dated: November 21, 2012

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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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c4d6b0d3

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DLA P IPER LLP (US)
SAN DIEGO

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