Nimbus Data Systems, Inc. v. Nimble Storage, Inc.
Filing
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STIPULATION AND ORDER RE 57 REVISED CASE MANAGEMENT ORDER. Signed by Judge Richard Seeborg on 12/13/11. (cl, COURT STAFF) (Filed on 12/13/2011)
<![CDATA[
*E-Filed 12/13/11*
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MORRISON & FOERSTER LLP
JENNIFER LEE TAYLOR (161368) (JTaylor@mofo.com)
JULIA D. KRIPKE (267436) (JKripke@mofo.com)
425 Market Street
San Francisco, CA 94105-2482
Telephone:
(415) 268-7000
Facsimile:
(415) 268-7522
Attorneys for Plaintiff
NIMBUS DATA SYSTEMS, INC.
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COOLEY LLP
JANET L. CULLUM (104336) (jcullum@cooley.com)
ANGELA L. DUNNING (212047) (adunning@cooley.com)
AARON M. FENNIMORE (251602) (afennimore@cooley.com)
Five Palo Alto Square
3000 El Camino Real
Palo Alto, CA 94306
Telephone:
(650) 843-5000
Facsimile:
(650) 849-7400
Attorneys for Defendant
NIMBLE STORAGE INC.
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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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NIMBUS DATA SYSTEMS, INC., a
Delaware corporation,
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Plaintiff,
Case No. C11-01214 RS
STIPULATION AND [PROPOSED] REVISED
CASE MANAGEMENT ORDER
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v.
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NIMBLE STORAGE INC., a Delaware
corporation,
Defendant.
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STIPULATION AND [PROPOSED] REVISED
CASE MANAGEMENT ORDER
C-11-01214 RS
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Plaintiff Nimbus Data Systems, Inc. and Defendant Nimble Storage Inc. hereby submit the
following Stipulation and [Proposed] Revised Case Management Order.
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1.
As discussed in their Joint Status Update on November 18, 2011, the parties
participated in a private mediation with Randall W. Wulff, Esq. on December 6, 2011.
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2.
The parties did not reach a resolution of their dispute at the mediation. However,
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they are interested in continuing to discuss settlement informally and believe that it would serve
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the interests of the parties and judicial economy if discovery were stayed for a short time and the
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Case Management Scheduling Order were modified as set forth below to allow those discussions
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to continue unhindered. The proposed revised schedule would not postpone the hearing date for
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dispositive motions, the pretrial conference or the date of trial.
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NOW THEREFORE, IT IS HEREBY STIPULATED
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action, by and through their respective counsel of record, that:
AND
AGREED between the parties in this
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1.
No party shall serve discovery or notice depositions before January 11, 2012.
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2.
The Case Management Scheduling Order entered by the Court on July 21, 2011, is
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modified as follows:
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EVENT
DEADLINE
REVISED DEADLINE
February 17, 2012
March 30, 2012
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Completion of fact discovery
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Designation of experts
March 16, 2012
April 13, 2012
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Designation of Defendant’s
deductible costs expert1
March 23, 2012
April 20, 2012
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Designation of rebuttal experts2
April 20, 2012
May 4, 2012
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Completion of expert discovery
May 18 2012
May 25, 2012
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Last day to hear dispositive motions
July 12, 2012
July 12, 2012
August 30, 2012
August 30, 2012
September 10, 2012
September 10, 2012
Pretrial conference
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Trial
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Plaintiff intends to seek disgorgement of Defendant’s net profits and to offer expert opinion thereon as
part of its expert disclosures. The parties agree that Defendant need not offer expert opinion on deductible
costs until after Plaintiff provides its expert report on net profits; thus, a separate deadline is included for
designation of Defendant’s deductible costs expert.
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The deadline for the designation of rebuttal experts is for rebuttal to all experts, including Defendant’s
deductible costs expert.
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STIPULATION AND [PROPOSED] REVISED
CASE MANAGEMENT ORDER
C-11-01214 RS
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IT IS SO STIPULATED.
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Dated: December 12, 2011
MORRISON & FOERSTER LLP
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/s/
Jennifer Lee Taylor
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Attorneys for Plaintiff
NIMBUS DATA SYSTEMS, INC.
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Dated: December 12, 2011
COOLEY LLP
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/s/
Angela L. Dunning
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Attorneys for Defendant
NIMBLE STORAGE INC.
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FILER’S ATTESTATION
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Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that
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all parties have concurred in the filing of this Stipulation and [Proposed] Revised Case
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Management Order.
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Dated: December 12, 2011
COOLEY LLP
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/s/
Angela L. Dunning
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Attorneys for Defendant
NIMBLE STORAGE INC.
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2.
STIPULATION AND [PROPOSED] REVISED
CASE MANAGEMENT ORDER
C-11-01214 RS
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REVISED CASE MANAGEMENT ORDER
The Court hereby adopts the schedule set forth in Section 17 of the foregoing Revised
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[Proposed] Case Management Order, and the parties are ordered to comply with this Order.
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IT IS SO ORDERED.
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Dated: 12/13/11
Honorable Richard Seeborg
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992614 v1/HN
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STIPULATION AND [PROPOSED] REVISED
CASE MANAGEMENT ORDER
C-11-01214 RS
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