CSR Technology, Inc. v. Freescale Semiconductor, Inc.

Filing 48

STIPULATION AND ORDER re 47 STIPULATION WITH PROPOSED ORDER re 40 MOTION to Compel Patent L.R. 3-1 Disclosures. Set/Reset Deadlines as to 40 MOTION to Compel Patent L.R. 3-1 Disclosures. Responses due by 1/14/2013. Replies due by 1/24/2013. Motion Hearing set for 2/7/2013 at 9:00 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. Signed by Judge Jacqueline Scott Corley on January 7, 2013. (wsn, COURT STAFF) (Filed on 1/7/2013)

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1 2 3 4 5 6 7 8 9 10 11 12 13 MARK D. FOWLER, Bar No. 124235 mark.fowler@dlapiper.com TIMOTHY LOHSE, Bar No. 177230 timothy.lohse@dlapiper.com MICHAEL G. SCHWARTZ, Bar No. 197010 michael.schwartz@dlapiper.com ERIK R. FUEHRER, Bar No. 252578 erik.fuehrer@dlapiper.com SUMMER KRAUSE, Bar No. 264858 summer.krause@dlapiper.com DLA PIPER LLP (US) 2000 University Avenue East Palo Alto, CA 94303-2214 Tel: 650.833.2000 Fax: 650.833.2001 ROBERT WILLIAMS, Bar No. 246990 robert.williams@dlapiper.com DLA PIPER LLP (US) 401 B Street, Suite 1700 San Diego, CA 92101 Tel: 619.699.2700 Fax: 619.699.2701 Attorneys for Plaintiff and Counter-defendant CSR TECHNOLOGY INC. Patrick T. Michael (SBN 169745) pmichael@jonesday.com JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: (415) 626-3939 Facsimile: (415) 875-5700 David L. Witcoff (IL Bar No. 6183629) (admitted pro hac vice) dlwitcoff@jonesday.com Timothy J. Heverin (IL Bar No. 6243107) (admitted pro hac vice) tjheverin@jonesday.com Thomas W. Ritchie (IL Bar No. 6301954) (admitted pro hac vice) twritchie@jonesday.com JONES DAY 77 W. Wacker Dr., Ste. 3500 Chicago, IL 60601-1692 Telephone: (312) 782-3939 Facsimile: (312) 782-8585 Attorneys for Defendant and Counterclaimant, FREESCALE SEMICONDUCTOR, INC. 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 SAN FRANCISCO DIVISION 18 19 CSR TECHNOLOGY INC., a Delaware Corporation, Plaintiff and Counterdefendant, 20 21 v. 22 23 24 FREESCALE SEMICONDUCTOR, INC., a Delaware Corporation, Defendant and Counterclaimant. CASE NO. 3:12-cv-02619-RS STIPULATION AND [PROPOSED] ORDER TO FURTHER MODIFY BRIEFING SCHEDULE AND MODIFY HEARING DATE FOR FREESCALE SEMICONDUCTOR, INC.’S MOTION TO COMPEL Hearing Date: Jan. 31, 2013 Time: 3:00 p.m. Place: Courtroom 3, 17th Floor Judge: Honorable Jacqueline Scott Corley 25 26 27 28 DLA P IPER LLP (US) EAST PAL O AL TO STIPULATION AND [PROPOSED] ORDER TO MODIFY BRIEFING SCHEDULE AND HEARING DATE, CASE NO. 3-12-CV-02619-RS 1 Pursuant to Civil Local Rules 6-2, 7-7 and 7-12, Plaintiff and Counter-defendant CSR 2 Technology Inc. (“CSR”) and Defendant and Counterclaimant Freescale Semiconductor, Inc. 3 (“Freescale”) (collectively, the “Parties”), by and through their respective counsel, hereby 4 stipulate and agree as follows: 5 6 WHEREAS, on December 21, 2012, Freescale filed a Motion to Compel Patent L.R. 3-1 Disclosures (“Motion to Compel”) (Dkt. No. 40). WHEREAS, on December 21, 2012, CSR’s counsel contacted Freescale’s counsel and 7 8 requested, as an accommodation to both CSR’s outside and in-house counsel, a brief six-day 9 extension of time to respond to Freescale’s Motion to Compel. 10 WHEREAS, the Parties met and conferred on December 24, 2012, and Freescale agreed 11 to CSR’s request for an extension of time as set forth in the table below and CSR agreed that 12 should Freescale believe it needs additional time to prepare its reply papers after seeing CSR’s 13 opposition, CSR will agree to a continuance of the hearing date and a reasonable extension of 14 time for Freescale to file its reply. 15 WHEREAS, on December 26, 2012, CSR filed a Stipulation with Proposed Order to 16 Modify Briefing Schedule for Freescale Semiconductor, Inc.’s Motion to Compel (Dkt. No. 42). 17 WHEREAS, also on December 26, 2012, Judge Seeborg issued an Order Referring Case 18 To Magistrate Judge For Discovery Purposes (Dkt. No. 43). 19 WHEREAS, on January 3, 2013, Judge Seeborg’s clerk informed counsel for CSR that the 20 case would be referred to Judge Corley for discovery motions, but that the official order referring 21 the case would likely issue the week of January 7, 2013. 22 WHEREAS, the parties further met and conferred on January 3 and 4, 2013, and the 23 parties agreed to a further extension of time for CSR to file its opposition to the Motion to 24 Compel to January 14, 2013, for Freescale to file a reply to CSR’s opposition by January 24, 25 2013, and that Freescale would renotice the hearing date for its Motion to Compel for February 7, 26 2013. 27 28 DLA P IPER LLP (US) EAST PAL O AL TO WHEREAS, on January 3, 2013, Freescale renoticed the hearing on its Motion to Compel for February 7, 2013, before Judge Corley (Dkt.-1- 44). No. WEST\240234137.1 STIPULATION AND [PROPOSED] ORDER TO MODIFY BRIEFING SCHEDULE AND HEARING DATE, CASE NO. 3-12-CV-02619-RS 1 WHEREAS, on January 4, 2013, the Court issued a notice advancing the discovery 2 hearing for Freescale’s Motion to Compel back to January 31, 2013 (Dkt. No. 45) and granted the 3 parties’ stipulation and order to extend the briefing schedule so that CSR’s opposition to the 4 Motion to Compel is due on January 10, 2013, and Freescale’s reply is due on January 17, 2013. 5 WHEREAS, on January 4, 2013, the parties further met and conferred and agreed that a 6 further short extension of time for CSR’s opposition and Freescale’s reply and one week 7 extension of the hearing date is reasonable in light of the recent holidays and recent reassignment 8 of this motion, provided that the Court could accommodate hearing the motion on February 7, 9 2013 and further provided that, if the Court could not, the parties will abide by the existing 10 schedule. 11 12 WHEREAS, the requested time modification will have no effect on any other date in the schedule for the case. 13 WHEREAS, the parties have once previously stipulated to change the briefing schedule 14 relating to Freescale’s Motion to Compel (Dkt. No. 46) and the only prior extension of time 15 granted in this case is the Court’s June 26, 2012, order granting Freescale a thirty-day extension 16 of time to respond to CSR’s Complaint (Dkt. No. 12). 17 18 IT IS HEREBY AGREED AND STIPULATED, that the briefing schedule and hearing date for Freescale’s Motion to Compel shall be modified as follows: 19 Event 20 21 22 23 Current Due Date CSR Opposition to Motion to Compel Freescale Reply ISO Motion to Compel Hearing Date January 10, 2013 January 17, 2013 January 31, 2013 New Due Date January 14, 2013 (21 days before hearing date) January 24, 2013 (14 days before hearing date) February 7, 2013 at 9:00am 24 25 26 27 28 DLA P IPER LLP (US) EAST PAL O AL TO -2WEST\240234137.1 STIPULATION AND [PROPOSED] ORDER TO MODIFY BRIEFING SCHEDULE AND HEARING DATE, CASE NO. 3-12-CV-02619-RS 1 Dated: January 7, 2013 2 DLA PIPER LLP (US) 3 By /s/ Michael G. Schwartz MARK D. FOWLER TIMOTHY LOHSE MICHAEL G. SCHWARTZ ROBERT WILLIAMS ERIK R. FUEHRER SUMMER KRAUSE 4 5 6 7 Attorneys for Plaintiff and Counter-defendant CSR TECHNOLOGY INC. 8 9 Dated: January 7, 2013 10 JONES DAY 11 By /s/ David L. Witcoff Patrick T. Michael David L. Witcoff (Pro Hac Vice) Timothy J. Heverin (Pro Hac Vice) Thomas W. Ritchie (Pro Hac Vice) 12 13 14 Attorneys for Defendant and Counterclaimant FREESCALE SEMICONDUCTOR, INC. 15 16 17 I, Michael Schwartz, am the ECF User whose ID and password are being used to file this 18 STIPULATION AND [PROPOSED] ORDER TO FURTHER MODIFY BRIEFING 19 SCHEDULE AND MODIFY HEARING DATE FOR FREESCALE SEMICONDUCTOR, 20 INC.’S MOTION TO COMPEL. In compliance with Local Rule 5-1, I hereby attest that David 21 L. Witcoff has concurred in this filing. 22 23 Dated: January 7, 2013 DLA PIPER LLP (US) 24 By /s/ Michael G. Schwartz MICHAEL G. SCHWARTZ 25 26 Attorneys for Plaintiff and Counter-defendant CSR Technology Inc. 27 28 DLA P IPER LLP (US) EAST PAL O AL TO -3WEST\240234137.1 STIPULATION AND [PROPOSED] ORDER TO MODIFY BRIEFING SCHEDULE AND HEARING DATE, CASE NO. 3-12-CV-02619-RS S 4 DERED SO OR IT IS IED THE HONORABLE JACQUELINE DIF AS MO SCOTT CORLEY R NIA Dated: January 7, 2013 UNIT ED 2 RT ER H 6 J u d ge J a 7 8 cquelin e Sc LI 5 FO NO UNITED STATES DISTRICT COURT MAGISTRATE JUDGE ley ot t C o r A 3 RT U O 1 S DISTRICT TE C PURSUANT TO STIPULATION, IT IS SO ORDERED. TA N F D IS T IC T O R C 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DLA P IPER LLP (US) EAST PAL O AL TO -4WEST\240234137.1 STIPULATION AND [PROPOSED] ORDER TO MODIFY BRIEFING SCHEDULE AND HEARING DATE, CASE NO. 3-12-CV-02619-RS

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