Sun Microsystems, Inc. v. Network Appliance, Inc.

Filing 136

STIPULATION AND ORDER EXTENDING Deadline for Motions to Compel re 134 . Signed by Judge Elizabeth D. Laporte on 5/5/09. (lmh, COURT STAFF) (Filed on 5/5/2009)

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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 MARK D. FOWLER, Bar No. 124235 mark.fowler@dlapiper.com DAVID ALBERTI, Bar No. 220625 david.alberti@dlapiper.com CHRISTINE K. CORBETT, Bar No. 209128 christine.corbett@dlapiper.com YAKOV M. ZOLOTOREV, Bar No. 224260 yakov.zolotorev@dlapiper.com CARRIE L. WILLIAMSON, Bar No. 230873 carrie.williamson@dlapiper.com DLA PIPER LLP (US) 2000 University Avenue East Palo Alto, CA 94303-2214 Tel: 650.833.2000 Fax: 650.833.2001 Attorneys for Plaintiff-Counterclaim Defendant, Sun Microsystems, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SUN MICROSYSTEMS, INC., a Delaware corporation, Plaintiff-Counterclaim Defendant, v. NETWORK APPLIANCE, INC. Defendant-Counterclaim Plaintiff. In its April 2, 2008 Case Management Scheduling Order, the Court did not specify a deadline for filing motions to compel discovery responses. Civil Local Rule 26-2 provides that motions must be filed within 7 court days of the close of discovery. In its November 18, 2008 Order, the Court set April 24, 2009 as the close of fact discovery concerning certain of the patents-in-suit.1 As a result, the deadline for filing motions to compel concerning fact discovery CASE NO. C-07-05488 EDL STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR MOTIONS TO COMPEL 1 The parties have agreed that a certain number of depositions that were noticed prior to the close of discovery, but that could not be scheduled prior to that deadline, may proceed prior to June 19, 2009. -1WEST\21589388.1 347155-000029 STIP & [PROPOSED] ORDER EXTENDING MOTION TO COMPEL DEADLINE USDC CASE NO. C-07-05488 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 related to these patents is May 5, 2009. The parties (between themselves and with third-parties) have been, and continue to be, engaged in what appear to be fruitful negotiations concerning their respective discovery responses. However, the volume of issues to work through is such that the meet-and-confer process is not yet complete. In light of this, the parties are concerned that, if this filing deadline is not continued, a multitude of discovery issues will be raised with the Court unnecessarily. Because the parties believe that continued discussions are likely to resolve many or all of the currently pending disputes, they hereby stipulate through their respective counsel of record, subject to the Court's approval, that the deadline for filing motions to compel discovery that is subject to the April 24, 2009 fact discovery cutoff be continued until May 22, 2009. Dated: May 4, 2009 DLA PIPER LLP (US) /s/ Christine K. Corbett MARK D. FOWLER DAVID ALBERTI CHRISTINE K. CORBETT YAKOV M. ZOLOTOREV CARRIE L. WILLIAMSON Attorneys for Plaintiff, Sun Microsystems, Inc. Dated: May 4, 2009 WEIL, GOTSHAL & MANGES LLP /s/ Jeffrey G. Homrig Matthew D. Powers Edward R. Reines Jeffrey G. Homrig Jill J. Ho IT IS SO ORDERED. 5 Dated: May ___, 2009 Attorneys for Defendant, NetApp, Inc. S DISTRICT TE C TA RT U O UNIT ED WEST\21589388.1 347155-000029 STIP & [PROPOSED] ORDER EXTENDING MOTIONFTO COMPEL DEADLINE D IS T IC T O R USDC CASE NO. C-07-05488 EDL -2- ER N A C LI FO porte h D. La Elizabet Judge R NIA D UNITED STATESDERE SO OR MAGISTRATE JUDGE IT IS ELIZABETH D. LAPORTE NO S RT H

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