Modavox, Inc. v. Yahoo! Inc.

Filing 243

STIPULATION AND ORDER ENLARGING TIME FOR FACT DISCOVERY File Dispositive Motions by 6/8/2012. Replies due by 6/29/2012. Opposition due by 6/22/2012. Signed by Judge Joseph C. Spero on 3/14/12. (klhS, COURT STAFF) (Filed on 3/15/2012)

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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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AUGME TECHNOLOGIES, INC.,

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Plaintiff,
v.

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CASE NO. C 09-5386 JCS
STIPULATION AND [PROPOSED]
ORDER ENLARGING TIME FOR FACT
DISCOVERY

YAHOO! INC.,
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Judge: Hon. Magistrate Joseph C. Spero
Defendant.

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YAHOO! INC.,

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Counterclaim Plaintiff,
v.
AUGME TECHNOLOGIES, INC. and
WORLD TALK RADIO, LLC,
Counterclaim Defendants.

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28 STIPULATION AND [PROPOSED] ORDER ENLARGING TIME FOR FACT DISCOVERY
Case No. C 09-5386 JCS
LIBA/2269946.1

sf-3119801

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Pursuant to Civil Local Rules 6-1(b), 6-2, and 7-12, the parties, through their undersigned

2 counsel, hereby stipulate, subject to the Court’s approval, as follows:
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WHEREAS, following the Further Case Management Conference held on January 6, 2012,

4 the Court Ordered the following dates regarding the Augme Patents:
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Event

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Date

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Discovery cutoff

March 16, 2012

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Opening Expert Reports by party with
burden of proof

March 28, 2012

Expert Reports by party with no burden of
proof

April 27, 2012

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Expert Discovery Cutoff

May 18, 2012

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File Dispositive Motions

June 1, 2012

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Opposition to Dispositive Motion

June 15, 2012

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Reply to Dispositive Motion

June 22, 2012

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Motions Hearing

July 20, 2012

Pretrial Conference

December 7, 2012

Trial Date

January 7, 2013

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18 (Docket Nos. 220-222);
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WHEREAS, the parties agree to extend the close of fact discovery for the Augme Patents

20 on a limited basis as set forth below to April 4, 2012;
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WHEREAS, the parties agree that as a result of the limited extension of fact discovery, it is

22 reasonable and necessary to also extend the date of Opening Expert Reports to April 20, 2012,
23 Responsive Expert Reports to May 18, 2012, close of expert discovery to June 7, 2012;
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WHEREAS, the parties agree that as a result of the foregoing extensions, it is reasonable

25 and necessary to also extend the date for filing dispositive motions by one week to June 8, 2012,
26 oppositions to dispositive motions to June 22, 2012, and replies in support of dispositive motions
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28 STIPULATION AND [PROPOSED] ORDER ENLARGING TIME FOR FACT DISCOVERY
CASE NO. C 09-5386 JCS
LIBA/2269946.1

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1 to June 29, 2012;
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WHEREAS, no other scheduled dates in this action will be changed due to this extension,

3 but the parties note that the proposed extension will result in one week less between the date
4 Dispositive Motion briefing is complete (proposed June 29, 2012) and the Court’s scheduled
5 Motions Hearing on July 20, 2012; and
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WHEREAS, the parties believe that an expedited process is necessary to resolve discovery

7 issues that may arise going forward:
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THEREFORE, based on the parties agreement and the attached Declaration of Gregory S.

9 Bishop, the parties request the entry of an order setting forth the following:
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Event

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Date

Discovery cutoff for the limited purpose
of completing the depositions set forth
below and any necessary follow-on
discovery on the topics listed.

April 4, 2012

Opening Expert Reports by party with
burden of proof

April 20, 2012

Expert Reports by party with no burden of
proof

May 18, 2012

Expert Discovery Cutoff

June 7, 2012

File Dispositive Motions

June 8, 2012

Opposition to Dispositive Motion

June 22, 2012

Reply to Dispositive Motion

June 29, 2012

(1) The deposition of Vince Li may be taken within the extended discovery period.

23 Augme reserves all rights to object to supplementation of Yahoo's Invalidity Contentions with
24 testimony received from Mr. Li and reserves all rights to preclude Yahoo from including such
25 testimony in Yahoo’s expert report. Mr. Li will not be producing documents.
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(2) Augme agrees to remove the confidentiality designation for certain portions of the

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28 STIPULATION AND [PROPOSED] ORDER ENLARGING TIME FOR FACT DISCOVERY
CASE NO. C 09-5386 JCS
LIBA/2269946.1

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1 deposition testimony of Messrs. Bradley, McCollum and Burgess as set forth in Ryan Gilfoil’s
2 letters of February 29, 2012 and March 7, 2012.
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(3) In the event that additional discovery disputes arise during the discovery period related

4 to damages (including but not limited to Augme’s ongoing request to inspect Yahoo’s databases in
5 their native format), the Parties will comply with the Court’s requirement to meet and confer in
6 person in an attempt to resolve the issue before preparing a joint letter to the Court on an expedited
7 basis. Within three days of receiving a request to meet and confer in person, lead counsel will
8 endeavor to make themselves available for such meeting and if the issue is not resolved, the
9 parties will prepare a joint letter to the Court within the three-day window. Recognizing that lead
10 counsel for both parties have travel obligations during this time period, the lead counsel role may
11 be filled, if actual lead counsel is not available during the three-day window, by another partner
12 from Goodwin Procter, LLP or Morrison and Foerster, LLP that has entered an appearance in the
13 case and has authority to make a decision regarding the issue to be decided.
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(4) If Yahoo is unable to complete production of documents related to the Nelson

15 Deposition prior by March 15, 2012, the parties will work together in good faith to reschedule Mr.
16 Nelson's deposition.
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(5) The following depositions shall proceed according to the schedule set forth in the table

18 below, subject to further mutual agreement by the parties.
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Witness

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Eaton

Topic
Augme’s 2nd 30(b)(6)

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March 13, 2012

Deposition Notice, Topics

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Date

4-11, 14

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Danchanka

3rd party deposition

March 14, 2012

Also, Augme’s 2nd 30(b)(6)
Deposition Notice, limited
to the location and
production by Yahoo! of
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CASE NO. C 09-5386 JCS
LIBA/2269946.1

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additional Blue Lithium
source code on March 2,
2012

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Nelson

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Topics 1-3, 13, 15-16
Chandra

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Yeh

Augme’s 2nd 30(b)(6)

March 27, 2012

Deposition Notice, Topic

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Cofer (or other witness)

Rule 30(b)(6) testimony
regarding the facts,
circumstances and persons
most knowledgeable about
Yahoo! ad-serving
statistical data and
databases, including TAO
and Diego.

TBD

Li

3rd party witness

TBD

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March 26, 2012

1-3

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Augme’s 3rd 30(b)(6)
Deposition Notice, Topics

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March 20, 2012

Deposition Notice,

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Augme’s 2nd 30(b)(6)

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Dated: March 13, 2012

Respectfully submitted,

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By: /s/ Gregory S. Bishop
Thomas J. Scott Jr. (pro hac vice)
[e-mail]
Jennifer A. Albert (pro hac vice)
[e-mail]
GOODWIN PROCTER LLP
901 New York Avenue NW
Washington, DC 20001
Tel.: [phone]; Fax: [phone]

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Erica D. Wilson (SBN 161386)
[e-mail]
Gregory S. Bishop (SBN 184680)
[e-mail]

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CASE NO. C 09-5386 JCS
LIBA/2269946.1

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Charles F. Koch (SBN 256683)
[e-mail]
Rebecca Unruh (SBN 267881)
[e-mail]
GOODWIN PROCTER LLP
135 Commonwealth Drive
Menlo Park, California 94025-1105
Tel.: [phone]; Fax: [phone]

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Michael Strapp (pro hac vice)
[e-mail]
GOODWIN PROCTER llp
Exchange Place
53 State Street
Boston, MA 02109
Tel.: [phone]; Fax: [phone]

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Attorneys for Plaintiff and Counterclaim
Defendant AUGME TECHNOLOGIES, INC.
and Counterclaim Defendant
WORLD TALK RADIO, LLC

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Dated: March 13, 2012

Respectfully submitted,

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By: /s/ Rachel Krevans
Rachel Krevans (116421)
[e-mail]
Richard S.J. Hung (197425)
[e-mail]
Daniel P. Muino (209624)
[e-mail]
J. Ryan Gilfoil (246493)
[e-mail]
John K. Blake, Jr. (262906)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street, 32nd Floor,
San Francisco, California 94105-2482
Tel.: [phone]
Fax: [phone]

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Attorneys for Defendant and Counterclaim
Plaintiff YAHOO! INC.

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28 STIPULATION AND [PROPOSED] ORDER ENLARGING TIME FOR FACT DISCOVERY
CASE NO. C 09-5386 JCS
LIBA/2269946.1

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[PROPOSED ORDER]
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ISTRIC
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

NO

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seph C.

Judge Jo

Spero

R NIA

, 2012

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March 14

FO

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Date:

UNIT
ED

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JOSEPH C. SPERO
ER
C
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UNITED STATES MAGISTRATE JUDGE
D IS
TO

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T RIC

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28 STIPULATION AND [PROPOSED] ORDER ENLARGING TIME FOR FACT DISCOVERY
CASE NO. C 09-5386 JCS
LIBA/2269946.1

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GENERAL ORDER 45 ATTESTATION

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I, J. Ryan Gilfoil, am the ECF User whose ID and Password are being used to file this

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STIPULATION AND [PROPOSED] ORDER ENLARGING TIME FOR FACT
DISCOVERY

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In compliance with General Order 45, X.B., I hereby attest that Rachel Krevans and Gregory S.
Bishop have concurred to its filing.
Dated: March 13, 2012
/s/ J. Ryan Gilfoil
J. Ryan Gilfoil

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28 STIPULATION AND [PROPOSED] ORDER ENLARGING TIME FOR FACT DISCOVERY
CASE NO. C 09-5386 JCS
LIBA/2269946.1

sf-3119801