Plantronics, Inc. v. ALIPH, INC. et al

Filing 204

STIPULATION AND ORDER EXTENDING DEADLINE FOR DECLARATION by Magistrate Judge Bernard Zimmerman. granting 203 Stipulation (bzsec, COURT STAFF) (Filed on 3/7/2012)

1 CONFLUENCE LAW PARTNERS
David C. Bohrer (Bar No. 212397)
2 [e-mail]
Jessie J. Ho (SBN 260790)
3 [e-mail]
60 South Market Street, Suite 1400
4 San Jose, California 95113-2396
Telephone: [phone]
5 Facsimile: [phone]
6 CONNOLLY BOVE LODGE & HUTZ LLP
Bruce G. Chapman (Bar No. 164258)
7 [e-mail]
Elizabeth Yang (SBN 249714)
8 [e-mail]
333 S. Grand Avenue, Suite 2300
9 Los Angeles, California 90071
Telephone: [phone]
10 Facsimile:
[phone]

QUINN EMANUEL URQUHART &
SULLIVAN, LLP
Robert P. Feldman (Bar No. 69602)
[e-mail]
Gabriel S. Gross (Bar No. 254672)
[e-mail]
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, California 94065-2139
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants Aliph, Inc. and
Aliphcom, Inc.

11 Attorneys for Plaintiff Plantronics, Inc.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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19 PLANTRONICS, INC.,

Case No. C 09-01714 BZ

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STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINE FOR
CIV. L.R. 79-5(d) DECLARATION

Plaintiff,
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v.

23 ALIPH, INC. and ALIPHCOM, INC.,
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Defendants.

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Case No. C 09-01714 BZ
STIP. AND [PROPOSED] ORDER RE: DEADLINE FOR CIV. L.R. 79-5(d) DECL.

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Pursuant to Civil Local Rule 6-2, plaintiff Plantronics, Inc. (“Plantronics”) and defendants

2 Aliph, Inc. and AliphCom, Inc. (collectively “Aliph”), by and through their counsel, hereby
3 submit the following stipulation and proposed order.
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WHEREAS, Plantronics has filed an Administrative Motion to Partially Seal Documents

5 Pursuant to Local Rule 79.5(c) (D.N.196);
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WHEREAS, one of the documents that is the subject of the above motion to partially seal

7 is the Declaration of Jessie J. Ho In Support of Plantronics, Inc.’s Opposition to Defendants’
8 Motion for Summary Judgment (D.N. 183) and Motion To Exclude (D.N. 190) (“Ho
9 Declaration”);
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WHEREAS, the portions of the Ho Declaration that Plantronics seeks leave to file under

11 seal consist of specific exhibits containing deposition testimony, emails or subject matter
12 designated as Confidential or Highly Confidential by Aliph under the Court’s Interim Protective
13 Order;
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WHEREAS, on February 29, 2012, Plantronics served Aliph with a complete copy of the

15 Ho Declaration including all exhibits;
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WHEREAS, on March 1, 2012, in accordance with Civil Local Rule 79-5, Plantronics

17 lodged the Ho Declaration with the Clerk showing the proposed redacted exhibits;
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WHEREAS, on March 6, 2012, Plantronics advised Aliph that earlier that same day it had

19 discovered that the proposed redacted exhibits of the Ho Declaration had not been served along
20 with the previously served complete copy of the Ho Declaration including all exhibits;
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WHEREAS, pursuant to Civil L.R. 79-5(d), the deadline for Aliph to file a declaration

22 establishing that the exhibits at issue are sealable is seven days from the filing of the motion to
23 seal or March 7, 2012;
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WHEREAS, under the circumstances, Aliph may require an additional seven days, from

25 March 7, 2012 to March 14, 2012, to consider the proposed redacted exhibits and file the required
26 declaration if necessary pursuant to Civil L.R. 79-5(d);
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WHEREAS, Plantronics agrees to the extension of this deadline;

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STIP. AND [PROPOSED] ORDER RE: DEADLINE FOR CIV. L.R. 79-5(d) DECL.

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WHEREAS, the proposed extension should not require extension or modification of any

2 other currently scheduled case deadlines;
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ACCORDINGLY, the parties agree and propose that the Court extend the deadline for

4 Aliph to file a declaration pursuant to Civil L.R. 79-5(d) from the current date of March 7, 2012 to
5 March 14, 2012:
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IT IS SO STIPULATED.

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10 Dated: March 7, 2012

CONFLUENCE LAW PARTNERS

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By: /s/ David C. Bohrer
David C. Bohrer
Attorneys for Plaintiff
PLANTRONICS, INC

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15 Dated: March 7, 2012

QUINN EMANUEL URQUHART & SULLIVAN,
LLP

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By: /s/ Gabriel S. Gross
Gabriel S. Gross
Attorneys for Defendants
ALIPH, INC. AND ALIPHCOM, INC.

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-2Case No. C 09-01714 BZ
STIP. AND [PROPOSED] ORDER RE: DEADLINE FOR CIV. L.R. 79-5(d) DECL.

1 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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3 DATED: March ___, 2012
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Hon. Bernard Zimmerman
United States Magistrate Judge

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I, David C. Bohrer, am the ECF User whose identification and password are being used to

14 file this document. Pursuant to General Order 45.X.B, I hereby attest that David Bohrer, counsel
15 for Plaintiff and Gabriel Gross, counsel for Defendant, have concurred in this filing.
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Dated: March 7, 2012

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__/s/ David C. Bohrer___
David C. Bohrer

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Case No. C 09-01714 BZ
STIP. AND [PROPOSED] ORDER RE: DEADLINE FOR CIV. L.R. 79-5(d) DECL.