Miller v. Facebook, Inc. et al

Filing 97

STIPULATION FOR ORDER CHANGING TIME PURSUANT TO LOCAL RULE 6-2 by Facebook, Inc.. (Attachments: # 1 Affidavit Declaration of Theresa A. Sutton)(Sutton, Theresa) (Filed on 12/30/2010)

Miller v. Facebook, Inc. et al

D

Doc. 97 Att.

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I. NEEL CHATTERJEE (STATE BAR NO. 173985) [e-mail] THOMAS J. GRAY (STATE BAR NO. 191411) [e-mail] THERESA A. SUTTON (STATE BAR NO. 211857) [e-mail] JULIO C. AVALOS (STATE BAR NO. 255350) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: 650-614-7401 Attorneys for Defendant FACEBOOK, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

DANIEL M. MILLER, Plaintiff, v. FACEBOOK, INC. and YAO WEI YEO, Defendants.

Case No. 3:10-CV-00264 (WHA) DECLARATION OF THERESA A. SUTTON IN SUPPORT OF STIPULATED REQUEST FOR ORDER CHANGING TIME PURSUANT TO LOCAL RULE 6-2

SUTTON DECL ISO STIPULATED REQUEST FOR ORDER CHANGING TIME PURSUANT TO LOCAL RULE 6-2 CASE NO. 3:10-CV-00264 (WHA)

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I, Theresa A. Sutton, declare as follows: 1. I am an associate with Orrick, Herrington & Sutcliffe LLP, counsel of record to

Facebook, Inc. I make this declaration based on my personal knowledge. 2. Counsel for Facebook and Miller have reached a Stipulation with regard to time

modifications to the Court's current Case Management Order. Dkt. No. 55. 3. Reasons for Request. The parties have had numerous discovery related

discussions and disputes and the parties are in the process of resolving those disputes. On December 17, 2010, the parties exchanged substantive discovery in response to the outstanding discovery requests by answering each other's respective pending interrogatories and producing documents responsive to the parties' respective requests for production, if any, or otherwise objecting to the requests. The parties in good faith continue to engage in exchanging substantive discovery. On December 21, 2010, the parties met and conferred regarding the current Court ordered case schedule (Dkt. No. 55) and discovery schedule and agreed that the parties require additional time to conclude discovery and prepare their respective cases. Further, the Court's Case Management Order appears to contain an error as to the scheduled date for designation of expert testimony and disclosure of full expert reports. 4. 5. Prior Modifications. There have been no other time modifications in this case. Effect on Schedule. The requested modifications are as follows: Proposed Schedule March 28, 2011 *March 28, 2011 Counsel believe there is a typo in the current case management order and the date is meant to be January 31, 2011 and not July 31, 2011 Same

Current Schedule The non-expert discovery cut-off date shall be January 31, 2011. The last date for designation of expert testimony and disclosure of full expert reports under FRCP 26(a)(2) as to any issue on which a party has the burden of proof ("opening reports") shall be JULY 31, 2011. Within FOURTEEN CALENDAR DAYS of said deadline, all other parties must disclose any expert reports on the same issue ("opposition reports"). Within SEVEN CALENDAR DAYS thereafter, the party with the burden of proof must disclose any reply reports rebutting specific material in opposition -1-

Same

SUTTON DECL ISO STIPULATED REQUEST FOR ORDER CHANGING TIME PURSUANT TO LOCAL RULE 6-2 CASE NO. 3:10-CV-00264 (WHA)

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The cutoff for all expert discovery shall be FOURTEEN CALENDAR DAYS after the deadline for reply reports At least 28 CALENDAR DAYS before the due date for opening reports, each party shall serve a list of issues on which it will offer any expert testimony in its case-inchief (including from non-retained experts). The last date to file dispositive motions shall be MARCH 3, 2011. No dispositive motions shall be heard more than 35 days after this deadline The FINAL PRETRIAL CONFERENCE shall be at 2:00 P.M. on APRIL 18, 2011. A JURY TRIAL shall begin on APRIL 25, 2011, at 7:30 A.M., in Courtroom 9, 19th Floor, 450 Golden Gate Avenue, San Francisco, California, 94102.

Same Same

April 28, 2011

June 13, 2011 June 20, 2011

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Executed this 30th day of December 2010 at Menlo Park, California.

/s/ Theresa A. Sutton /s/ Theresa A. Sutton

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SUTTON DECL ISO STIPULATED REQUEST FOR ORDER CHANGING TIME PURSUANT TO LOCAL RULE 6-2 CASE NO. 3:10-CV-00264 (WHA)

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CERTIFICATE OF SERVICE I hereby certify that this document(s) filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non registered participants on December 30, 2010. Dated: December 30, 2010. Respectfully submitted, /s/ Theresa A. Sutton /s/ Theresa A. Sutton

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SUTTON DECL ISO STIPULATED REQUEST FOR ORDER CHANGING TIME PURSUANT TO LOCAL RULE 6-2 CASE NO. 3:10-CV-00264 (WHA)