Rambus Inc. v. Nvidia Corporation

Filing 137

ORDER continuing cmc to 3/12/10 (tf, COURT STAFF) (Filed on 1/26/2010)

Case3:08-cv-03343-SI Document136

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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.

Case No. C-08-03343 SI Case No. C-08-05500 SI STIPULATION AND [PROPOSED] ORDER

Stipulation and [Proposed] Order (Case Nos. C-08-03343 SI and C-08-05500 SI)

Case3:08-cv-03343-SI Document136

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Rambus Inc. and NVIDIA Corporation (collectively, the "Parties") hereby submit the following joint stipulation and proposed order: WHEREAS, the Court entered a Protective Order on April 21, 2009 (Docket No. 124): WHEREAS, the Parties are involved in a related proceeding pending in the International Trade Commission (the "ITC Action"); WHEREAS, the Court entered Orders on April 13, 2009 and June 18, 2009 ("Discovery Orders") governing discovery in this case, which among other things implemented an initial phase of discovery limited to document production from other proceedings, including but not limited to the ITC Action; WHEREAS, on August 5, 2009, the Court ordered, pursuant to the Parties' stipulation, that the initial phase of discovery should continue until the February 12, 2010 case management conference in part because an initial determination in the ITC Action is due to be issued on January 22, 2010; WHEREAS, the Parties are meeting and conferring regarding NVIDIA's proposals to amend the Court's April 21, 2009 Protective Order, including without limitation paragraph 7.3(b) regarding in-house counsel access to information that is designated "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" pursuant to the Protective Order; WHEREAS, NVIDIA and Rambus each represent that none of their in-house counsel has accessed the other party's materials designated "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" in this action; and WHEREAS, the Parties intend to further minimize burden and inefficiency by reaching a stipulation without the need to engage in motion practice at this time to resolve any dispute regarding the Protective Order; WHEREAS, the parties agree that the case management conference scheduled for February 12, 2010, at 3:00 pm should be rescheduled to March 12, 2010, at 3:00 pm, and that the case management statement should be filed no later than March 5, 2010; WHEREAS, the parties agree that the initial phase of discovery should continue until the March 12, 2010 case management conference;
Stipulation and [Proposed] Order (Case Nos. C-08-03343 SI and C-08-05500 SI)

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Rambus and NVIDIA hereby stipulate as follows: 1. The case management conference scheduled for February 12, 2010, at 3:00 pm

should be rescheduled for March 12, 2010, at 3:00 pm, and the case management statement should be filed no later than March 5, 2010; 2. The initial phase of discovery should continue until the March 12, 2010 case

management conference; 3. Notwithstanding the Protective Order's provision to the contrary, materials that are

designated "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" shall not be made available to in-house counsel for any party before March 16, 2010, unless the parties otherwise agree or the Court so orders. If the March 16, 2010 date is not extended by stipulation or a Court order and a party files no later than March 15, 2010, a motion to amend the Protective Order with respect to in-house counsel access, this paragraph 3 shall remain in effect until final resolution of the motion, including any and all appeals to the district court of the Special Master's ruling on that motion. 4. In view of the Stipulation addressing discovery matters in the interim, neither party

may file a motion in this matter until March 1, 2010. 5. Nothing in this Stipulation affects a party's right, pursuant to the terms of the

Protective Order, to challenge the designation of a document as "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY." Dated: January 21, 2010 ORRICK, HERRINGTON & SUTCLIFFE LLP

/s/ David M. Goldstein David M. Goldstein Attorneys for NVIDIA Corporation 405 Howard Street San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Email: [e-mail]

Stipulation and [Proposed] Order (Case Nos. C-08-03343 SI and C-08-05500 SI)

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Dated: January 21, 2010

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]

SO ORDERED: Dated: January __, 2010 HONORABLE SUSAN ILLSTON United States District Judge

OHS West:260812906.1 15075-2017 DAG/DAG

Stipulation and [Proposed] Order (Case Nos. C-08-03343 SI and C-08-05500 SI)

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