Electronic Arts, Inc. v. Textron, Inc. et al

Filing 41

ORDER EXTENDING DEADLINES by Judge William Alsup granting in part and denying in part 40 Stipulation]. (whasec, COURT STAFF) (Filed on 3/7/2012)

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James F. Basile (SBN 228965)
[e-mail]
Mark E. McKane (SBN 230552)
[e-mail]
KIRKLAND & ELLIS LLP
555 California Street
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
TEXTRON INC., BELL HELICOPTER
TEXTRON INC., and TEXTRON
INNOVATIONS, INC.

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Additional counsel listed on signature block
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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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ELECTRONIC ARTS INC.,

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Plaintiff,
vs.

CASE NO. 12-CV-0118-WHA
Hon. William Alsup
STIPULATED [PROPOSED] ORDER
EXTENDING DEADLINES

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TEXTRON INC., BELL HELICOPTER
TEXTRON INC., and TEXTRON
INNOVATIONS INC.,

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Defendants.

Complaint Filed:

Jan. 6, 2012

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WHEREAS, on January 6, 2012, Electronic Arts Inc. (“EA”) filed the Complaint against

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Textron Inc. (“Textron”), Bell Helicopter Textron Inc. (“Bell”), and Textron Innovations Inc.

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(“Textron Innovations”) currently before this Court;

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WHEREAS, on January 30, 2012, the parties in this action agreed to extend the Defendants’
time to respond to EA’s complaint until February 29, 2012;
WHEREAS, on February 23, 2012 this Court entered an order approving the withdrawal of
Jones Day and the substitution of Kirkland & Ellis LLP as counsel for Defendants;
STIPULATED [PROPOSED] ORDER CHANGING DEADLINES

Case No. 12-CV-0118-WHA

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WHEREAS, on February 24, 2012, Textron Innovations and Bell filed a complaint in the

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Northern District of Texas alleging trademark, trade dress, and certain other claims against EA

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(“Texas Action”);

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WHEREAS, on February 29, 2012, Defendants in this action file a Motion to Dismiss or, in

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the Alternative, Stay or Transfer this action to the Northern District of Texas (“Defendants’ Forum

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Motion”), a hearing for Defendants’ Forum Motion has been noticed for April 26, 2012, and EA

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intends to oppose Defendants’ Forum Motion;

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WHEREAS, on or before March 19, 2012, EA intends to file in the Northern District of
Texas a motion to transfer the Texas Action to this Court (“EA’s Forum Motion”);

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WHEREAS, the Initial Case Management Conference in this matter is currently scheduled

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for April 5, 2012; the joint case management statement is due on March 29, 2012; and the parties’

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Rule 26 meet-and-confer and ADR obligations are due on March 13, 2012 pursuant to this Court’s

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January 6, 2012 Order;

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WHEREAS, the parties agree that resolution of the venue and forum issues raised in

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Defendants’ Forum Motion and EA’s Forum Motion prior to substantive litigation in either forum

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will best promote efficiency and conserve judicial resources, and the parties intend to file a similar

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timing stipulation in the Northern District of Texas;

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WHEREAS, the parties believe that the stipulated time changes below will not affect the
current schedule aside from revised deadlines reflected below;

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IT IS HEREBY STIPULATED THAT:

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1.

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The deadline for Defendants to respond to EA’s Complaint by answer or Rule 12(b)

motion shall be 10 days from the entry of any order denying Defendants’ Forum Motion;

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2.

The deadline for the parties to satisfy their Rule 26 meet-and-confer and ADR

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obligations referenced in this Court’s January 6, 2012 Order shall be 20 days from the entry of any

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order denying Defendants’ Forum Motion;

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3.

The Initial Case Management Conference shall be rescheduled for 45 days from the

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entry of any order denying Defendants’ Forum Motion, or at such later time as is convenient for the

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Court;
STIPULATED [PROPOSED] ORDER CHANGING DEADLINES

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Case No.: 12-CV-0118-WHA

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4.

The parties’ joint case management statement shall be due at least 7 days prior to the

rescheduled Initial Case Management Conference.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: March 6, 2012

KIRKLAND & ELLIS LLP

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/s/ Mark E. McKane
Mark E. McKane

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James F. Basile (SBN 228965)
[e-mail]
Mark E. McKane (SBN 230552)
[e-mail]
KIRKLAND & ELLIS LLP
555 California Street
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
TEXTRON INC., BELL HELICOPTER TEXTRON
INC., and TEXTRON INNOVATIONS INC.

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KEKER & VAN NEST LLP

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/s/ R. James Slaughter___________________________
R. James Slaughter

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R. James Slaughter (SBN 192813)
[e-mail]
R. Adam Lauridsen (SBN 243780)
[e-mail]
KEKER & VAN NEST LLP
633 Battery Street
San Francisco, CA 94111-1809
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
ELECTRONIC ARTS INC.

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STIPULATED [PROPOSED] ORDER CHANGING DEADLINES

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Case No.: 12-CV-0118-WHA

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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The case management is continued to May 10, 2012, at 11:00 a.m. A joint case management
statement is due at least seven days prior. All initial deadlines are extended accordingly.

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ORDER
T IS SO DIFIED
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Judge W

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ISTRIC
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________________________________________________
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The Hon. William Alsup
United States District Judge ED

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March 7, 2012.
DATED: ___________________

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STIPULATED [PROPOSED] ORDER CHANGING DEADLINES

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Case No.: 12-CV-0118-WHA

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ATTESTATION PURSUANT TO GENERAL ORDER 45

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I, Mark E. McKane, attest that concurrence in the filing of this document has been obtained
from the signatories. I declare under penalty of perjury that the foregoing is true and correct.

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DATED: March 6, 2012

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KIRKLAND & ELLIS LLP
/s/ Mark E. McKane
Mark E. McKane

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Mark E. McKane (SBN 230552)
[e-mail]
KIRKLAND & ELLIS LLP
555 California Street
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]

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CERTIFICATE OF SERVICE AND ATTESTATION

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Case No.: 12-CV-0118 WHA

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CERTIFICATE OF SERVICE
I hereby certify that the foregoing document was filed electronically with the Clerk of the

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Court using the CM/ECF system, which will send notification of such filing to the e-mail addresses

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registered for service, and I hereby certify that I caused the foregoing documents to be mailed via the

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United States Postal Service to the non-CM/ECF participants indicated on the Manual Notice List.

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DATED: March 6, 2012

/s/ Mark E. McKane
Mark E. McKane

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CERTIFICATE OF SERVICE AND ATTESTATION

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Case No.: 12-CV-0118 WHA