Implicit Networks, Inc. v. Juniper Networks, Inc.

Filing 208

ORDER Pursuant to the stipulation of the parties, it is hereby ORDERED that that Juniper will be deemed to have timely filed any request for costs and/or fees in this action that is submitted on or before April 8, 2013.. Signed by Judge Susan Illston on 3/26/13. (tfS, COURT STAFF) (Filed on 3/27/2013)

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IRELL & MANELLA LLP
Morgan Chu (CA Bar No. 70446)
([e-mail])
Jonathan S. Kagan (CA Bar No. 166039)
([e-mail])
1800 Avenue of the Stars, Suite 900
Los Angeles, California 90067-4276
Telephone: [phone]
Facsimile: [phone]
David C. McPhie (CA Bar No. 231520)
([e-mail])
Douglas J. Dixon (CA Bar No. 275389)
([e-mail])
840 Newport Center Drive, Suite 400
Newport Beach, California 92660-6324
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
JUNIPER NETWORKS, INC.
Additional Attorneys Listed on Signature Page

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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IMPLICIT NETWORKS, INC.,
Case No. C 10-4234 SI
Plaintiff,

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v.
JUNIPER NETWORKS, INC.,

STIPULATION REGARDING
DEADLINE TO REQUEST COSTS
AND/OR FEES AND
[PROPOSED] ORDER

Defendant.

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STIPULATION REGARDING DEADLINE TO
REQUEST COSTS AND/OR FEES AND
[PROPOSED] ORDER

Case No. C 10-4234 SI

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Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Implicit Networks, Inc.

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("Implicit") and Defendant Juniper Networks, Inc. ("Juniper") hereby stipulate through their

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respective counsel of record as follows:

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WHEREAS, on March 13, 2013, this Court granted Juniper's motions for summary
judgment on invalidity and non-infringement (see Dkt. No. 205);
WHEREAS, on March 14, 2013, this Court entered Judgment in favor of Juniper
(see Dkt. No. 206);
WHEREAS, Federal Rule of Civil Procedure 54(d)(2)(B) and Civil Local Rule
54-5(a) ordinarily would require Juniper to file for costs and fees no later than March 28,
2013 (14 days after the entry of judgment); and

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WHEREAS, the parties believe that providing for a modest extension of this

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deadline would facilitate ongoing discussions between the parties and potentially conserve

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judicial resources;

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NOW THEREFORE the parties through their undersigned counsel, hereby stipulate

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and request that the Court grant, pursuant to Local Rule 6-2, that Juniper will be deemed to

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have timely filed any request for costs and/or fees submitted on or before April 8, 2013.

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IT IS SO STIPULATED.

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March 22, 2012

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/s/ David C. McPhie
DAVID C. MCPHIE (CA Bar No. 231520)
[e-mail]
DOUGLAS J. DIXON (CA Bar No. 275389)
[e-mail]
Irell & Manella LLP
840 Newport Center Drive, Suite 400
Newport Beach, CA 92660-6324

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MORGAN CHU (CA Bar No. 70446)
[e-mail]
JONATHAN S. KAGAN (CA Bar No. 166039)
[e-mail]

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Respectfully and jointly submitted,

STIPULATION REGARDING DEADLINE TO
REQUEST COSTS AND/OR FEES AND
[PROPOSED] ORDER

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Case No. C 10-4234 SI

IRELL & MANELLA LLP
1800 Avenue of the Stars, Suite 900
Los Angeles, CA 90067-4276

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Attorneys for Defendant
JUNIPER NETWORKS, INC.

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/s/ Spencer Hosie
SPENCER HOSIE (CA Bar No. 101777)
[e-mail]
DIANE S. RICE (CA Bar No. 118303)
[e-mail]
HOSIE RICE LLP
Transamerica Pyramid, 34th Floor
600 Montgomery Street
San Francisco, CA 94111
[phone] Tel.
[phone] Fax

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Attorneys for Plaintiff
IMPLICIT NETWORKS, INC.

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STIPULATION REGARDING DEADLINE TO
REQUEST COSTS AND/OR FEES AND
[PROPOSED] ORDER

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Case No. C 10-4234 SI

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I hereby attest pursuant to General Order 45.X.B. that concurrence in the electronic
filing of this document has been obtained from the other signatories.

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/s/ David C. McPhie

DATED: March 22, 2013

David C. McPhie

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STIPULATION REGARDING DEADLINE TO
REQUEST COSTS AND/OR FEES AND
[PROPOSED] ORDER

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Case No. C 10-4234 SI

ORDER

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Pursuant to the stipulation of the parties, it is hereby ORDERED that that Juniper

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will be deemed to have timely filed any request for costs and/or fees in this action that is

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submitted on or before April 8, 2013.

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PURSUANT TO STIPULATION IT IS SO ORDERED.
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Dated: March ____, 2013

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_____________________________
Honorable Susan Illston
United States District Judge

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[PROPOSED] ORDER ON STIPULATION
REGARDING DEADLINE TO REQUEST COSTS
AND/OR FEES

Case No. C 10-4234 SI

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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4 IMPLICIT NETWORKS, INC.,
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Plaintiff,

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Case No. C 10-4234 SI

v.

7 JUNIPER NETWORKS, INC.,
Defendant.

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DECLARATION OF DAVID C. McPHIE IN SUPPORT OF
STIPULATION REGARDING DEADLINE TO REQUEST COSTS AND/OR FEES

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I, David C. McPhie, hereby declare as follows:

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I am attorney with the law firm of Irell & Manella LLP, counsel for defendant

14 Juniper Networks, Inc. (“Juniper”) in this matter. I am a member in good standing of the State Bar
15 of California and am admitted to practice before this Court. I have personal knowledge of the
16 facts set forth in this Declaration and, if called as a witness, could and would testify competently
17 to these facts under oath.
2.

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The parties are submitting a Stipulation Regarding Deadline to Request Costs

19 and/or Fees in order to facilitate ongoing discussions between the parties and to potentially
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3.

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This Court has not granted any previous extensions of time for Juniper to file any

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4.

The requested extension of time will have no effect on the schedule for this case.

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I declare under penalty of perjury that the foregoing is true and correct.

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Executed this 22nd day of March, 2013, in Park City, Utah.

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/s/ David C. McPhie

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David C. McPhie
Case No. C 10-4234 SI
2793618

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