Rambus Inc. v. International Business Machines Corporation

Filing 48

ORDER GRANTING (47 in 3:10-cv-03736-JSW) Stipulation for Order Rescheduling Case Management Conference., (26 in 3:10-cv-04017-JSW) Stipulation for Order Rescheduling Case Management Conference: Case Management Statement due by 1/7/2011. Case Management Conference set for 1/14/2011 09:00 AM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 11/24/10. (jjoS, COURT STAFF) (Filed on 11/24/2010)

Rambus Inc. v. International Business Machines Corporation

Doc. 48

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Barbara Clarke McCurdy (Admitted pro hac vice) [e-mail] Naveen Modi (Admitted pro hac vice) [e-mail] Srikala P. Atluri (Admitted pro hac vice) [e-mail] FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 901 New York Avenue, N.W. Washington, D.C. 20001 Telephone: [phone] Facsimile: [phone] Tina E. Hulse (State Bar No. 232936) [e-mail] FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. Stanford Research Park 3300 Hillview Avenue Palo Alto, California 94304 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Rambus Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

INTERNATIONAL BUSINESS MACHINES CORPORATION, Plaintiff, v. RAMBUS INC., Defendant.

Case No. C 10-04017 JSW (Related Case: C 10-03736 JSW) STIPULATED REQUEST FOR ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE; SUPPORTING DECLARATION OF TINA E. HULSE; [PROPOSED] ORDER

STIPULATED REQUEST RE: RESCHEDULING CASE MANAGEMENT CONFERENCE CASE NO. C 10-04017 JSW

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Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff International Business Machines Corporation ("IBM") and Defendant Rambus Inc. ("Rambus"), through their respective counsel of record, stipulate to and respectfully request the Court to order as follows: 1. The Court held that Rambus Inc. v. International Business Machines Corporation,

Case No. C 10-03736 JSW (N.D. Cal.) ("the Rambus action") is related to this action in its Related Case Order entered on October 21, 2010 (Dkt. No. 16). 2. The Court ordered that the Case Management Conference in the Rambus action occur

on December 3, 2010, at 1:30 pm. Declaration of Tina E. Hulse ("Hulse Decl."), Ex. A. 3. The Court also scheduled the Case Management Conference in this action for

December 3, 2010, at 1:30 pm. See Dkt. No. 17. 4. Rambus filed a Motion to Dismiss (Dkt. No. 19), which is scheduled to be heard on

January 14, 2011, at 9:00 am. See Dkt. No. 21. 5. The parties met and conferred on November 12, 2010, pursuant to Federal Rule of

Civil Procedure 26(f). Hulse Decl. ¶ 6. 6. The parties jointly request that the Court continue the Case Management Conference

for this action until the hearing on Rambus's Motion to Dismiss, i.e., January 14, 2011. The parties are concurrently making a similar request in the Rambus action. The parties are requesting the Court to continue the Case Management Conferences in the interests of efficiency, as both parties' lead counsel reside on the East Coast and moving the Case Management Conferences would allow the Court to hear all issues at once and would obviate the need for counsel to take two trips to California within six weeks. See id. ¶¶ 6-8. 7. The parties further request that, in light of the new proposed date for the Case

Management Conference, the Joint Case Management Statement, Rule 26(f) Report, and Rule 26(a) initial disclosures all be due on January 7, 2011. By her signature below, counsel for Defendant attests that counsel for Plaintiff concurs in the filing of this stipulation.

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STIPULATED REQUEST RE: RESCHEDULING CASE MANAGEMENT CONFERENCE CASE NO. C 10-04017 JSW

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Respectfully submitted, By: /s/ Edward A. Kmett Edward A. Kmett (SBN: 204374) [e-mail] FITZPATRICK, CELLA, HARPER & SCINTO 650 Town Center Drive, Suite 1600 Costa Mesa, CA 92626 Telephone: [phone] Facsimile: [phone] Anthony M. Zupcic (Admitted pro hac vice) [e-mail] Robert H. Fischer (Admitted pro hac vice) [e-mail] Douglas Sharrott (Admitted pro hac vice) [e-mail] FITZPATRICK, CELLA, HARPER & SCINTO 1290 Avenue of the Americas New York, New York 10112 Telephone: [phone] Facsimile: [phone] Kenneth R. Adamo (Admitted pro hac vice) [e-mail] JONES DAY 901 Lakeside Avenue Cleveland, Ohio 44114-1190 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff, International Business Machines Corporation By: /s/ Tina E. Hulse Tina E. Hulse (CA Bar No. 232936) FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 3300 Hillview Avenue Palo Alto, California 94304-1203 Telephone:[phone] Facsimile: [phone] [e-mail]

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Barbara Clarke McCurdy (Admitted pro hac vice) Naveen Modi (Admitted pro hac vice) Srikala P. Atluri (Admitted pro hac vice) FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 901 New York Avenue, N.W. Washington, D.C. 20001 Telephone:[phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Defendant, Rambus Inc.

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SUPPORTING DECLARATION OF TINA E. HULSE I, TINA E. HULSE, declare as follows: 1. I am an associate at Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.,

counsel for Plaintiff Rambus Inc. ("Rambus"). I submit this declaration in support of the parties' Stipulation Rescheduling Case Management Conference. I make this declaration of my own personal knowledge and will competently testify thereto if called upon to do so. 2. On October 21, 2010, the Court held in its Related Case Order that this action is

related to Rambus Inc. v. International Business Machines Corporation, Case No. C 10-03736 JSW (N.D. Cal.) ("the Rambus action"). See Dkt. No. 16. 3. The Court's September 21, 2010, Order Setting Case Management Conference and

Requiring Joint Case Management Conference Statement (Dkt. No. 13) in the Rambus action (a true and correct copy of which is attached as Exhibit A) ordered that the Case Management Conference occur on December 3, 2010, at 1:30 pm. 4. On October 28, 2010, in its Order Setting Case Management Conference and

Requiring Joint Case Management Conference Statement (Dkt. No. 17), the Court ordered that the Case Management Conference would also occur on December 3, 2010, at 1:30 pm. 5. On October 29, 2010, Rambus filed a Motion to Dismiss Complaint (Dkt. No. 19),

which is scheduled to be heard by this Court on January 14, 2011, at 9:00 am. See Re-Notice of Defendant Rambus Inc.'s Motion to Dismiss Complaint (Dkt. No. 21). 6. The parties met and conferred on November 12, 2010, pursuant to Federal Rule of

Civil Procedure 26(f). During that conference, which I attended, Rambus proposed stipulating that the Case Management Conferences for both actions be postponed until the hearing on Rambus's Motion to Dismiss. 7. Because both parties' lead counsel reside on the East Coast, continuing the Case

Management Conference for both actions until the hearing on Rambus's Motion to Dismiss serves the interests of efficiency, as doing so would allow the Court to hear all issues at once and would obviate the need for counsel to take two trips to California within six weeks.

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8.

On November 15, 2010, counsel for IBM informed counsel for Rambus that IBM

agreed to stipulate to changing the date of the Case Management Conference from December 3, 2010, to January 14, 2011, and the date for filing the Rule 26(f) report and serving Rule 26(a) initial disclosures to January 7, 2011. Attached as Exhibit B is a true and correct copy of the November 15, 2010, e-mail correspondence from Douglas Sharrott, counsel for IBM, to Barbara McCurdy, counsel for Rambus, indicating IBM's agreement to the stipulation. 9. There have been no previous time modifications of the Case Management Conference

following reassignment to this Court. 10. A change in time in the Case Management Conference from December 3, 2010, to

January 14, 2011, will not affect the schedule or any current deadlines, as a case schedule has not yet been entered in this case. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct and this declaration was executed this 16th day of November, 2010, at Palo Alto, California. By: /s/ Tina E. Hulse Tina E. Hulse

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[PROPOSED] ORDER Pursuant to the stipulation between the parties and good cause appearing, it is hereby ORDERED that: 1. The Case Management Conference shall be rescheduled to January 14, 2011,

following arguments regarding Rambus's Motion to Dismiss (Dkt. No. 19). 2. The Joint Case Management Conference Statement and Rule 26(f) Report shall be

filed no later than January 7, 2011. 3. The parties shall serve Rule 26(a) initial disclosures no later than January 7, 2011.

IT IS SO ORDERED.

The Honorable Jeffrey S. White United States District Judge Northern District of California

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STIPULATED REQUEST RE: RESCHEDULING CASE MANAGEMENT CONFERENCE CASE NO. C 10-04017 JSW