Apple Inc. v. Psystar Corporation

Filing 136

Proposed Order re 135 Declaration in Support,, by Apple Inc.. (Boroumand Smith, Mehrnaz) (Filed on 9/11/2009)

Apple Inc. v. Psystar Corporation

Doc. 136

Case3:08-cv-03251-WHA Document136

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TOWNSEND AND TOWNSEND AND CREW LLP JAMES G. GILLILAND, JR. (State Bar No. 107988) MEHRNAZ BOROUMAND SMITH (State Bar No. 197271) MEGAN M. CHUNG (State Bar No. 232044) J. JEB B. OBLAK (State Bar No. 241384) Two Embarcadero Center, Eighth Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff and Counterdefendant APPLE INC. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION APPLE INC., a California corporation, Plaintiff, v. PSYSTAR CORPORATION, a Florida corporation, and DOES 1-10, inclusive, Defendants. AND RELATED COUNTERCLAIMS Case No. CV 08-03251 WHA [PROPOSED] ORDER GRANTING APPLE INC.'S MOTION TO DISMISS OR ENJOIN RECENTLY-FILED FLORIDA ACTION AND RE-OPEN DISCOVERY FOR LIMITED PURPOSES Date: Time: Courtroom: Trial Date: September 24, 2009 8:00 a.m. 9 January 11, 2010

[PROPOSED] ORDER GRANTING APPLE INC.'S MOTION TO DISMISS OR ENJOIN RECENTLY-FILED FLORIDA ACTION AND RE-OPEN DISCOVERY FOR LIMITED PURPOSES, CASE NO. CV 08-03251 WHA

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Case3:08-cv-03251-WHA Document136

Filed09/11/09 Page2 of 2

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Plaintiff and Counterdefendant Apple Inc.'s ("Apple") Motion To Dismiss or Enjoin Recently-Filed Florida Action and Re-Open Discovery For Limited Purposes was heard by this Court on September 24, 2009. Having considered the papers and arguments of counsel, the Court GRANTS Apple's motion and ORDERS the following: 1. Psystar Corporation ("Psystar") is hereby ORDERED to dismiss the Florida action (Psystar Corp. v. Apple Inc., No. 09-22535 CIV Hoeveler) without prejudice; 2. Psystar is hereby ENJOINED from prosecuting the Florida action; 3. Psystar is hereby ENJOINED from filing any other lawsuit or other proceeding against Apple except in the Northern District of California, San Francisco Division; 4. For a period of 45 days from the date of the filing of this Order, fact discovery in the above-captioned case is re-opened for limited, narrowly-tailored discovery regarding how Psystar is causing Mac OS X Snow Leopard to run on its computers; 5. Apple may supplement its opening technical expert report to address Mac OS X Snow Leopard; and 6. Apple may supplement its Initial Disclosures under Federal Rule of Civil Procedure 26(e) to address Mac OS X Snow Leopard. IT IS SO ORDERED.

DATED: _______, 2009

William Alsup United States District Judge

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[PROPOSED] ORDER GRANTING APPLE INC.'S MOTION TO DISMISS OR ENJOIN RECENTLY-FILED FLORIDA ACTION AND RE-OPEN DISCOVERY FOR LIMITED PURPOSES, CASE NO. CV 08-03251 WHA