Oracle America, Inc. v. Google Inc.

Filing 517

ORDER APPROVING STIPULATED REQUEST FOR SECOND EXTENSION OF TIME FOR PRETRIAL FILINGS re #516 Stipulation filed by Oracle America, Inc.. Signed by Judge Alsup on October 12, 2011. There will be no more extensions. (whalc1, COURT STAFF) (Filed on 10/12/2011)

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[counsel listed on signature page]

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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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ORACLE AMERICA, INC.

CASE NO. CV 10-03561 WA (DMR)

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Plaintiff,

STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO
FILE JURY INSTRUCTIONS,
VERDICT FORMS, AND TRIAL
BRIEFS

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v.

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GOOGLE INC.
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Judge: Honorable William Alsup
Defendant.

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584055.01
STIPULATION TO EXTEND TIME TO FILE JURY INSTRUCTIONS, VERDICT FORMS, AND TRIAL BRIEFS
CASE NO. CV 10-03561 WHA (DMR)

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STIPULATION

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WHEREAS, pursuant to the Court’s scheduling order, and the Court’s Order of October 6,

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2011, the parties are to file joint jury instructions, briefing on any disputed instructions, proposed

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verdict forms, proposed voir dire, and a joint pre-trial order, on October 12, 2011;

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WHEREAS, the parties have been meeting and conferring in an attempt to work out their
differences in the various components of the filing;
WHEREAS, the attorney for Oracle with primary responsibility for negotiating and
briefing the jury instructions, who also shares responsibility for the trial brief, is unexpectedly
unavailable due to a family medical emergency;
WHEREAS, the Court has indicated that the pre-trial conference that was scheduled for
October 17, 2011, will be moved to the afternoon of October 24, 2011; and

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WHEREAS, the parties acknowledge and agree that a limited extension of time to file

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joint jury instructions, briefing on any disputed instructions, proposed verdict forms, and trial

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briefs will not affect, delay, or push back any other deadlines in this case.

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NOW THEREFORE THE PARTIES HEREBY STIPULATE AND AGREE that:

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1.

The parties will continue to meet and confer over the next several days to resolve

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issues that can be resolved and narrow areas of dispute, and thereafter file the joint jury

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instructions, briefing on any disputed instructions, proposed verdict forms, and trial briefs on

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October 14, 2011.

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2.

No other deadlines in this case will be affected by the foregoing extensions. The

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parties will file proposed voir dire questions and the joint pre-trial order on October 12, 2011.

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The parties will not use these extensions to argue for a delay of the trial date or any other

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deadlines in this case.
ORDER

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The foregoing stipulation is approved, and IT IS SO ORDERED.
No more extensions will be granted.

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Date: October 12, 2011.
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Honorable William Alsup
Judge of the United States District Court
584055.01
STIPULATION TO EXTEND TIME TO FILE JURY INSTRUCTIONS, VERDICT FORMS, AND TRIAL BRIEFS
CASE NO. CV 10-03561 WHA (DMR)

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Dated: October 11, 2011

MORRISON & FOERSTER LLP
By: /s/Fred Norton

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MORRISON & FOERSTER LLP
MICHAEL A. JACOBS (Bar No. 111664)
[e-mail]
MARC DAVID PETERS (Bar No. 211725)
[e-mail]
DANIEL P. MUINO (Bar No. 209624)
[e-mail]
755 Page Mill Road
Palo Alto, CA 94304-1018
Telephone: [phone]
Facsimile: [phone]
BOIES, SCHILLER & FLEXNER LLP
DAVID BOIES (Admitted Pro Hac Vice)
[e-mail]
333 Main Street
Armonk, NY 10504
Telephone: [phone]
Facsimile: [phone]
STEVEN C. HOLTZMAN (Bar No. 144177)
[e-mail]
1999 Harrison St., Suite 900
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
ORACLE CORPORATION
DORIAN DALEY (Bar No. 129049)
[e-mail]
DEBORAH K. MILLER (Bar No. 95527)
[e-mail]
MATTHEW M. SARBORARIA (Bar No. 211600)
[e-mail]
500 Oracle Parkway
Redwood City, CA 94065
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
ORACLE AMERICA, INC.

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584055.01
STIPULATION TO EXTEND TIME TO FILE JURY INSTRUCTIONS, VERDICT FORMS, AND TRIAL BRIEFS
CASE NO. CV 10-03561 WHA (DMR)

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Dated: October 11, 2011

KEKER & VAN NEST LLP
By: /s/Matthias A. Kamber

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KEKER & VAN NEST LLP
ROBERT A. VAN NEST (SBN 84065)
[e-mail]
CHRISTA M. ANDERSON (SBN184325)
[e-mail]
710 Sansome Street
San Francisco, CA 94111-1704
Telephone: [phone]
Facsimile: [phone]
KING & SPALDING LLP
SCOTT T. WEINGAERTNER (Pro Hac Vice)
[e-mail]
ROBERT F. PERRY
[e-mail]
BRUCE W. BABER (Pro Hac Vice)
[e-mail]
1185 Avenue of the Americas
New York, NY 10036-4003
Telephone: [phone]
Facsimile: [phone]
KING & SPALDING LLP
DONALD F. ZIMMER, JR. (SBN 112279)
[e-mail]
CHERYL A. SABNIS (SBN 224323)
[e-mail]
101 Second Street - Suite 2300
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
GREENBERG TRAURIG, LLP
IAN C. BALLON (SBN 141819)
[e-mail]
HEATHER MEEKER (SBN 172148)
[e-mail]
1900 University Avenue
East Palo Alto, CA 94303
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
GOOGLE INC.

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584055.01
STIPULATION TO EXTEND TIME TO FILE JURY INSTRUCTIONS, VERDICT FORMS, AND TRIAL BRIEFS
CASE NO. CV 10-03561 WHA (DMR)

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ATTESTATION

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I, Fred Norton, am the ECF User whose ID and password are being used to file this
STIPULATION AND [PROPOSED] ORDER TO EXTEND FACT DISCOVERY CUT-OFF
AND DUE DATES FOR EXPERT REPORTS. In compliance with General Order 45, X.B., I
hereby attest that Fred Norton and Matthias A. Kamber have concurred in this filing.

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Date: October 11, 2011

/s/

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584055.01
STIPULATION TO EXTEND TIME TO FILE JURY INSTRUCTIONS, VERDICT FORMS, AND TRIAL BRIEFS
CASE NO. CV 10-03561 WHA (DMR)

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