Fujifilm Corporation v. Motorola Mobility Holdings, Inc. et al

Filing 136

STIPULATION AND ORDER REGARDING EXTENDING DEADLINE FOR THE PARTIES TO COMPLETE LIMITED FACT DISCOVERY re 135 STIPULATION WITH PROPOSED ORDER. Discovery cutoff extended to 8/22/2014. Signed by Judge William H. Orrick on 08/11/2014. (jmdS, COURT STAFF) (Filed on 8/11/2014)

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DANIEL JOHNSON, JR. (SBN 57409)
AHREN C. HSU-HOFFMAN (SBN 250469)
MORGAN, LEWIS & BOCKIUS LLP
2 Palo Alto Square
3000 El Camino Real, Suite 700
Palo Alto, California 94306-2122
Telephone: [phone]
Facsimile: 650.843.4001
[e-mail]
[e-mail]

A. JAMES ISBESTER (SBN 129820)
KILPATRICK TOWNSEND & STOCKTON LLP
Two Embarcadero Center, Eighth Floor
San Francisco, CA 94111
Telephone [phone]
Facsimile: 415.576.0300
[e-mail]

JORDAN TRENT JONES (SBN 166600)
KILPATRICK TOWNSEND & STOCKTON LLP
1080 Marsh Road
NATHAN W. McCUTCHEON (pro hac vice) Menlo Park, CA 94025
MARK W. TAYLOR (pro hac vice)
Telephone: [phone]
BRADFORD A. CANGRO (pro hac vice)
Facsimile: 650.326.2422
JACOB A. SNODGRASS (pro hac vice)
[e-mail]
MORGAN, LEWIS & BOCKIUS LLP
1111 Pennsylvania Avenue NW
Attorneys for Defendant,
Washington, DC 20004
MOTOROLA MOBILITY LLC
Telephone: [phone]
Facsimile: 202.739.3001
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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MARK K. DICKSON (SBN 148302)
PHASE M, LLP
205 De Anza Blvd, Suite 212
San Mateo, CA 94402-3989
Telephone [phone]
Facsimile [phone]
E-mail: [e-mail]

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Attorneys for Plaintiff
FUJIFILM CORPORATION

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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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FUJIFILM CORPORATION,
Plaintiff,

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v.
MOTOROLA MOBILITY LLC,

Case No. C 12-03587 WHO
STIPULATION AND
ORDER REGARDING EXTENDING
DEADLINE FOR THE PARTIES TO
COMPLETE LIMITED FACT
DISCOVERY

Defendant.

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STIPULATION AND ORDER REGARDING EXTENDING DEADLINE
FOR THE PARTIES TO COMPLETE LIMITED FACT DISCOVERY
CASE NO. C 12-03587 WHO

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Plaintiff Fujifilm Corporation and Defendant Motorola Mobility LLC (collectively, the
“parties”), by and through their undersigned counsel, hereby stipulate as follows:

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WHEREAS, in the Court’s Order Regarding Scheduling (Docket #82), the Court

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approved the parties’ agreed-on deadline of July 18, 2014 as the close of fact discovery;

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WHEREAS, in the Stipulation and Court Order Regarding Ongoing Review of Source

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Code and Extending Deadline for the Parties to Complete Limited Fact Discovery (Docket #131),

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the Court approved the parties stipulation to a short extension until August 8, 2014 to complete

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limited fact discovery, and approved the parties stipulation to permit access to the source code

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produced by certain third parties for review and printing until at least January 16, 2015;

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WHEREAS, the parties have endeavored to complete all fact discovery by the extended

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deadline of August 8, 2014, but believe that it is reasonably necessary that additional time should

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be afforded to accommodate the schedules of and minimize the burdens on third parties who were

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subpoenaed for documents and/or testimony before August 8, 2014, including representations

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from Nvidia Corporation that its designated witness is not available for deposition until the week

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of August 25-29, 2014.

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WHEREAS, to accommodate and coordinate with the schedules of third parties whose

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depositions have been noticed by one or both of the parties for documents and/or testimony, and

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to afford the parties additional time to attempt to reach agreements on the admissibility of third-

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party declaration testimony, which could potentially obviate the need for certain third parties to

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sit for depositions or produce source code, the parties jointly request a short three-week extension

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of the August 8, 2014 deadline to meet and confer in this regard and complete the taking of

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discovery from these third parties, including the following contemplated discovery: a deposition

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of and possible declaration from Nvidia Corporation, a declaration from or possible deposition of

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OmniVision Technologies, Inc., a declaration from Qualcomm Incorporated, a declaration from

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Texas Instruments Inc., a declaration from Hewlett-Packard Company, a deposition of Jani

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Kaikko, and a deposition of Microsoft Corporation.

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WHEREAS, there has been one prior request for a short extension to the initial July 18,
2014 fact discovery deadline, and a further limited extension of this deadline for the limited
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STIPULATION AND ORDER REGARDING EXTENDING DEADLINE
FOR THE PARTIES TO COMPLETE LIMITED FACT DISCOVERY
CASE NO. C 12-03587 WHO

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purpose of conducting third-party discovery will not affect any other Court-set deadlines.
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties hereto

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through their respective attorneys of record that the August 8, 2014 deadline for the taking of fact

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discovery is (1) extended by two weeks, until August 22, 2014, to complete the taking of

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discovery from third parties OmniVision, Qualcomm Incorporated, Texas Instruments Inc., and

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Hewlett-Packard Company, and (2) extended by three weeks, until August 29, 2014 to compete

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the taking of discovery from third parties Nvidia Corporation, Microsoft Corporation, and Jani

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Kaikko.

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Dated: August 8, 2014

Respectfully submitted,

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PHASE M, LLP

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By /s/ Mark K. Dickson
MARK K. DICKSON
Attorneys for Plaintiff
FUJIFILM CORPORATION

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Dated: August 8, 2014

Respectfully submitted,
MORGAN, LEWIS & BOCKIUS LLP

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By /s/ Mark W. Taylor
MARK W. TAYLOR
Attorneys for Plaintiff
FUJIFILM CORPORATION

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Dated: August 8, 2014

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Respectfully submitted,

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KILPATRICK TOWNSEND & STOCKTON LLP

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By /s/ Jordan Trent Jones
JORDAN TRENT JONES
Attorneys for Defendant
MOTOROLA MOBILITY LLC

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STIPULATION AND ORDER REGARDING EXTENDING DEADLINE
FOR THE PARTIES TO COMPLETE LIMITED FACT DISCOVERY
CASE NO. C 12-03587 WHO

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ATTESTATION CLAUSE REGARDING SIGNATURES

Pursuant to Local Rule 5-1(i)(3) regarding signatures, I, Mark K. Dickson, attest that

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concurrence in the filing of this document has been obtained from each of the other signatories, as

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indicated by a “confirmed” signature (/s/) within the e-filed document. I declare under penalty of

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perjury under the laws of the United States of America that the foregoing is true and correct.

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Executed August 8, 2014, at San Mateo, California.

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/s/ Mark K. Dickson
Mark K. Dickson

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IT IS SO ORDERED.

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DATED: August 11, 2014
WILLIAM H. ORRICK, III
United States District Judge

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STIPULATION AND ORDER REGARDING EXTENDING DEADLINE
FOR THE PARTIES TO COMPLETE LIMITED FACT DISCOVERY
CASE NO. C 12-03587 WHO