Xoom Corporation v. Motorola Trademark Holdings, LLC et al

Filing 70

ORDER granting 69 STIPULATION WITH PROPOSED ORDER to Amend Scheduling Order filed by Xoom Corporation. Dispositive Motions due by 8/16/2013. Signed by Judge Charles R. Breyer on 2/22/2013. (beS, COURT STAFF) (Filed on 2/27/2013)

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[Complete list of counsel on signature page]

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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XOOM CORPORATION, a California
Corporation,

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Plaintiff,

Case No. CV 11-CV-00848 (CRB)
STIPULATION AND ORDER TO AMEND
SCHEDULING ORDER

v.
MOTOROLA TRADEMARK HOLDINGS,
LLC, a Delaware limited liability company,
MOTOROLA MOBILITY, INC., a Delaware
corporation, and MOTOROLA MOBILITY
HOLDINGS, INC., a Delaware Corporation,
and DOES 1 through 10 inclusive

JURY TRIAL DEMANDED

Defendants.

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STIPULATION TO AMEND SCHEDULING ORDER

Case No. CV 11-CV-00848 (CRB)

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Pursuant to the Northern District of California Local Rules 6-2 and 7-12, the parties,

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Plaintiff Xoom Corporation ("Plaintiff") and Defendants Motorola Trademark Holdings, LLC,

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Motorola Mobility, Inc. and Motorola Mobility Holdings, Inc. (collectively, "Defendants"), hereby

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stipulate that good cause exists for an amendment of the present Scheduling Order to provide for a

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45-day extension of the present March 12, 2013 fact discovery deadline and an adjustment of all

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subsequent deadlines accordingly.

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Specifically, the parties state that:

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1. Plaintiff's complaint against Defendants in this case arises under the Lanham Act, 15

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U.S.C. §§ 1114(1) and 1125(a)(1) for trademark infringement and unfair competition, and under
California statutory and common law.

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2. Fact discovery is presently scheduled to close on March 12, 2013. Plaintiff and

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Defendants believe, to the best of their present knowledge, that they have completed their

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respective productions of all responsive and non-privileged documents in their possession, subject

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to any stated objections. The parties are still working to schedule depositions, and are attempting

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to resolve remaining discovery issues. At the same time, the parties have been actively engaged in

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ongoing settlement discussions.

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3.

In addition, Plaintiff recently retained new counsel in this case, who were admitted

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pro hac vice on February 14, 2013. Given the significant volume of documents that have been

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produced in this case (exceeding 100,000 pages in total), and the extensive written discovery that

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has been exchanged between the parties to date, the requested 45-day extension would ensure that

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new counsel has ample time to review the discovery and prepare for depositions.

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4. The parties have given serious thought to the tasks that remain in order to continue in

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their efforts to complete all fact and expert discovery in this case, and have agreed that an

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extension of all discovery deadlines, as well as the dates for dispositive motion briefing, is

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necessary as set forth below:

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LIBA/2375672.1

STIPULATION TO AMEND SCHEDULING ORDER

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Case No. CV 11-CV-00848 (CRB

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EVENT

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DATES PER 12/03/12

PROPOSED DATES

ORDER
Fact Discovery Deadline

March 12, 2013

April 26, 2013

Deadline for Expert Reports

April 16, 2013

May 31, 2013

Deadline for Rebuttal Reports

May 13, 2013

June 27, 2013

Expert Discovery Deadline

June 12, 2013

July 29, 2013

Dispositive Motions Filed

July 2, 2013
To be set by Court after
consideration of dispositive
motion

August 16, 2013
To be set by Court after
consideration of dispositive
motion

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Pretrial Conference and Trial
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4. The parties have only sought three other extensions of time in this case to date. The

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Court granted those extensions, the first on June 12, 2012, the second on September 13, 2012, and

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the third on December 3, 2012.
5. The parties do not seek this extension for the purpose of delay. The limited modification

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to the scheduling order will not have an effect on any pre-trial and trial dates as the Court has yet

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to schedule these dates.
WHEREFORE, the parties respectfully request that this Honorable Court issue an order

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amending the current discovery and dispositive motion schedule as set forth in the attached

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[Proposed] Order.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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LIBA/2375672.1

STIPULATION TO AMEND SCHEDULING ORDER

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Case No. CV 11-CV-00848 (CRB

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Respectfully submitted,
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Dated: February 27, 2013

/s/ Joseph R. Farris
Joseph R. Farris (SBN 263405)
[e-mail]
GOODWIN PROCTER LLP
135 Commonwealth Drive
Menlo Park, California 94025-1105
Tel.: [phone]
Fax: [phone]

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Ira J. Levy (Admitted pro hac vice)
[e-mail]
GOODWIN PROCTER LLP
The New York Times Building
620 Eighth Avenue
New York, NY 10018-1405
Tel.: [phone]
Fax: [phone]

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Srikanth K. Reddy (Admitted pro hac vice)
[e-mail]
GOODWIN PROCTER LLP
Exchange Place, 53 State Street
Boston, MA 02109-2802
Tel.: [phone]
Fax: [phone]

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Rochelle D. Alpert (SBN 065037)
[e-mail]
Sharon R. Smith (SBN 221428)
[e-mail]
Andrew M. Purdy (SBN 261912)
[e-mail]
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1126
Tel.: [phone]
Fax: [phone]

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Attorneys for Plaintiff
XOOM CORPORATION

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LIBA/2375672.1

STIPULATION TO AMEND SCHEDULING ORDER

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Case No. CV 11-CV-00848 (CRB

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Dated: February 27, 2013

/s/
Kristin J. Achterhof
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Kristin J. Achterhof (IL 6206476)
Carolyn M. Passen (IL 6283537)
KATTEN MUCHIN ROSENMAN LLP
525 West Monroe Street
Chicago, IL 60661
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

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Dennis B. Kass (SBN 137263)
Richard G. Garcia (SBN 198185)
MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
One California Street, Suite 1100
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Defendants
MOTOROLA TRADEMARK HOLDINGS,
LLC, MOTOROLA MOBILITY, INC., and
MOTOROLA MOBILITY HOLDINGS, INC.

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ATTESTATION OF E-FILED SIGNATURES

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I, Joseph Farris, am the ECF User whose ID and password are being used to file this

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Stipulation to Amend Scheduling Order. In compliance with Civ. L.R. 5-1(i)(3), I hereby attest

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that Joseph Farris and Kristin J. Achterhof have concurred to its filing.

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Dated: February 27, 2013
By: /s/ Joseph R. Farris

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LIBA/2375672.1

STIPULATION TO AMEND SCHEDULING ORDER

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Case No. CV 11-CV-00848 (CRB

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ORDER

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Pursuant to the stipulation between Plaintiff Xoom Corporation, on the one hand, and

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Defendants Motorola Trademark Holdings, LLC, Motorola Mobility, Inc. and Motorola Mobility

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Holdings, Inc., on the other hand, the parties request the Court to modify the prior Stipulation and

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Scheduling Order dated December 3, 2012.

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It is ORDERED that the dates and deadlines adopted by the Court in its prior Scheduling
Order are amended and extended as set forth in the schedule below:

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EVENT

DATES PER 12/03/12

PROPOSED DATES

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ORDER
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Fact Discovery Deadline

March 12, 2013

April 26, 2013

Deadline for Expert Reports

April 16, 2013

May 31, 2013

Deadline for Rebuttal Reports

May 13, 2013

June 27, 2013

Expert Discovery Deadline

June 12, 2013

July 29, 2013

Dispositive Motions Filed

July 2, 2013
To be set by Court after
consideration of dispositive
motion

August 16, 2013
To be set by Court after
consideration of dispositive
motion

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Pretrial Conference and Trial

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT
ED

Dated: February 22, 2013

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_____________________________________
DERED
SO OR R. Breyer
The Honorable Charles
IT IS
UNITED STATES DISTRICT COURT

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LIBA/2375672.1

STIPULATION TO AMEND SCHEDULING ORDER

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Case No. CV 11-CV-00848 (CRB