Rambus Inc. v. Nvidia Corporation

Filing 129

ORDER Granting re (128 in 3:08-cv-03343-SI) Joint Stipulation Regarding Scheduling and Discovery filed by Rambus Inc. Initial Case Management Conference set for 2/12/2010 03:00 PM. Joint case management statement due by 2/5/2010.. Signed by Judge Susan Illston on 8/5/09. (fj, COURT STAFF) (Filed on 8/5/2009)

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[counsel identified on signature page]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

RAMBUS INC., Plaintiff, v. NVIDIA CORPORATION, Defendant. and NVIDIA CORPORATION Plaintiff, v. RAMBUS INC., Defendant.
Joint Stipulation and [Proposed] Order Regarding Scheduling and Discovery (Case Nos. C-08-03343 SI and C-08-05500 SI)
Austin 52792v1

Case No. C-08-03343 SI Case No. C-08-05500 SI JOINT STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING AND DISCOVERY

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Rambus Inc. and NVIDIA Corporation (collectively, the "parties") hereby submit the following joint stipulation and proposed order regarding scheduling and discovery: WHEREAS, the Court's April 13, 2009 Order provides for an initial four-month phase of discovery limited to document production from other proceedings in order to minimize burden and inefficiency, and a case management conference on August 21, 2009 "to determine the next steps in the case management plan." (Order re: Discovery and Denying Defendant's Motion for Stay (Docket No. 120, C-08-03343) (the "Discovery Order"), 3:4-18); WHEREAS, the Discovery Order further provides that "[p]rior to that case management conference, the parties shall meet with the Special Master to discuss a plan for the next phase of discovery. The parties shall submit a joint case management conference statement by August 14, 2009." (Id. at 3:19-21); WHEREAS, on June 11, 2009, the Parties filed a Stipulation and [Proposed] Order regarding discovery, which the Court entered on June 18, 2009 (Docket No. 127) (the "Discovery Stipulation"); WHEREAS, pursuant to the Discovery Order and the Discovery Stipulation, during the initial four-month phase of discovery, each party granted to the other party access in these actions to certain discovery materials each party produced in the ITC action and certain other proceedings in which a party has been involved; WHEREAS, pursuant to the Discovery Order and Discovery Stipulation, the parties agree that the initial phase of discovery should continue and are continuing to meet and confer with respect to open issues regarding further production of materials from other proceedings; WHEREAS, the ITC action is scheduled for trial this October, an initial determination is due on January 22, 2010, and the parties believe that the ITC proceedings may generate materials that may enable the parties in these district court cases to further target their discovery and assess the remaining schedule for these cases; WHEREAS, the parties agree that the case management conference scheduled for August 21, 2009 at 3:00 pm should be rescheduled to February 12, 2010 at 3:00 pm; that the parties'
Joint Stipulation and [Proposed] Order Regarding Scheduling and Discovery (Case Nos. C-08-03343 SI and C-08-05500 SI)
Austin 52792v1

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meeting with the Special Master to discuss a plan for the next phase of discovery should likewise be rescheduled to occur prior to the rescheduled case management conference; that the August 14, 2009 deadline for the parties to submit a joint case management statement should be rescheduled to February 5, 2010; and that the initial phase of discovery should continue during the interim; THEREFORE, IT IS ORDERED THAT: (1) The case management conference scheduled for August 21, 2009 at 3:00 pm is

hereby rescheduled to February 12, 2010 at 3:00 pm. Prior to that case management conference, the parties shall meet with the Special Master to discuss a plan for the next phase of discovery. The August 14, 2009 deadline for the parties to submit a joint case management conference statement is hereby rescheduled to February 5, 2010. (2) In the interim, discovery will be limited to document production. No depositions

or written discovery will take place, and the Patent Local Rules will remain suspended. (3) The Discovery Stipulation previously entered by the Court remains in effect.

UNIT ED

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SO ORDERED: 5 Dated: August __, 2009

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Joint Stipulation and [Proposed] Order Regarding Scheduling and Discovery (Case Nos. C-08-03343 SI and C-08-05500 SI)
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HONORABLE SUSAN ILLSTON United States District Judge n an Illsto dge Sus Ju

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Dated: August 04, 2009

ORRICK, HERRINGTON & SUTCLIFFE LLP

I. Neel Chatterjee/ by permission/s/Pierre Hubert I. Neel Chatterjee Attorneys for NVIDIA Corporation 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: [phone] Email: [e-mail]

Dated: August 04, 2009

MCKOOL SMITH

/s/ Pierre Hubert Pierre Hubert Attorneys for Rambus Inc. 300 West 6th Street, Suite 1700 Austin, TX 78701 Telephone: [phone] Facsimile: [phone] Email: [e-mail]

Joint Stipulation and [Proposed] Order Regarding Scheduling and Discovery (Case Nos. C-08-03343 SI and C-08-05500 SI)
Austin 52792v1

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