Droplets, Inc. v. Nordstrom, Inc.

Filing 65

STIPULATION AND ORDER CHANGING THE TIME FOR NORDSTROM'S REPLY BRIEF re 51 MOTION to Stay Pending Reexamination. Replies due by 7/8/2013. Signed by Judge Jon S. Tigar on July 2, 2013. (wsn, COURT STAFF) (Filed on 7/2/2013)

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(SEE SIGNATURE PAGE FOR ATTORNEY LIST)

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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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Plaintiff,

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vs.

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Case No. 3:12-cv-04049-JST

DROPLETS, INC.,

NORDSTROM, INC.,

STIPULATION AND [PROPOSED]
ORDER CHANGING THE TIME FOR
NORDSTROM’S REPLY BRIEF

Defendant.

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Pursuant to Civil L.R. 6-2, Defendant Nordstrom, Inc.

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(“Nordstrom”) respectfully

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submits this stipulated request for an Order changing the time for filing of Nordstrom’s reply

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brief in support of Nordstrom’s motion to stay the current litigation, and would show the Court

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the following:

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On June 7, 2013, Nordstrom filed a motion to stay the current litigation pending the final

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resolution of the reexamination of U.S. Patent No. 7,502,838 (the “’838 patent”), one of the two

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patents asserted by Plaintiff Droplets, Inc. (“Droplets”). (Dkt. 51, the “Stay Motion.”)1 Droplets

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Williams-Sonoma Inc. (“WSI”) joined in the motion to stay, which was also filed in the related
action styled as Droplets, Inc. v. Williams Sonoma Inc., Case No. 5:15-cv-04047-JST. However,
on June 27, 2013, this Court entered a minute order noting the dismissal of WSI and directing the
clerk to close the WSI action. (Dkt. 69, Case No. 5:15-cv-04047-JST.) As a result, the pending
Stay Motion does not relate to WSI and WSI takes no part in the current motion for order
changing the time for filing of Nordstrom’s reply brief.
STIPULATION AND [PROPOSED] ORDER CHANGING
THE TIME FOR NORDSTROM’S REPLY BRIEF
Case No. 3:12-cv-04049 JST

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filed an opposition to the Stay Motion on June 21, 2013. (Dkt. 61.) The Stay Motion and

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Droplets’ opposition thereto were filed in the San Jose division, while this action was pending

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before Judge Davila.

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Subsequently, on June 20, 2013, Judge Davila entered an order recusing himself from the

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action and reassigning the action to this Court. (Dkt. 59.) On June 21, 2013, this Court entered

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an Order directing Nordstrom to renotice the Stay Motion for Hearing, and specifying that

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briefing schedules on the Stay Motion would remain unchanged. (Dkt. 60.) On June 27, 2013,

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Nordstrom renoticed the Stay Motion in this Court and set a hearing for August 2, 1013. (Dkt.

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63.) Nordstrom’s reply in support of the Stay Motion is currently due on June 28, 2013.

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Nordstrom respectfully requests a ten (10) day extension of time, up to and including

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July 8, 2013, in which to file a reply brief in support of the Stay Motion. The requested extension

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will provide Nordstrom with sufficient time to consider the points raised in Droplets’ opposition.

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(Decl. of Bonnie M. Grant at ¶ 5, “Grant Decl.”) The requested extension of time will not affect

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the schedule for the case, because the Stay Motion is not noticed for a hearing until August 2,

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2013 and a Case Management Conference is not set until September 4, 2013. (Grant Decl. at ¶ 6;

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see also Dkts. 62, 63.) Nordstrom has conferred with counsel for Droplets, who confirmed that

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Droplets does not oppose the requested extension of time. (Grant Decl. at ¶ 7.)

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THEREFORE, it is stipulated by the Parties that:

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The due date for the filing of Nordstrom’s reply brief in support of the Stay Motion is

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extended up to and including July 8, 2013.
SO STIPULATED
DATED: June 28, 2013

By: /s/ Bonnie M. Grant
E. Danielle T. Williams
[e-mail]
KILPATRICK TOWNSEND & STOCKTON, LLP
1001 W. Fourth Street
Winston-Salem, NC 27101
Telephone: [phone]

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William H. Boice
[e-mail]
Russell A. Korn
[e-mail]

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STIPULATION AND [PROPOSED] ORDER CHANGING
THE TIME FOR NORDSTROM’S REPLY BRIEF
Case No. 3:12-cv-04049 JST

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Bonnie M. Grant
[e-mail]
KILPATRICK TOWNSEND & STOCKTON, LLP
1100 Peachtree Street, Suite 2800
Telephone: [phone]

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Robert J. Artuz
[e-mail]
KILPATRICK TOWNSEND & STOCKTON, LLP
1080 Marsh Road
Menlo Park, CA 94025
Telephone: [phone]

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Attorneys for Defendant Nordstrom, Inc.

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DATED: June 28, 2013
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By: /s/ Josh W. Budwin
Courtland Reichman
MCKOOL SMITH HENNIGAN, P.C.
California Bar No. 268873
[e-mail]
255 Shoreline Drive, Suite 510
Redwood Shores, CA 94065
Tel: [phone]
MCKOOL SMITH, P.C.
Sam F. Baxter (admitted pro hac vice)
Texas State Bar No. 01938000
[e-mail]
104 E. Houston St., Ste. 300
P.O. Box O
Marshall, Texas 75670
Tel: [phone]

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Josh W. Budwin (admitted pro hac vice)
Texas State Bar No. 24050347
[e-mail]
James E. Quigley (admitted pro hac vice)
Texas State Bar No. 24075810
[e-mail]
300 West Sixth Street, Suite 1700
Austin, Texas 78701
Tel: [phone]

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Attorneys for Plaintiff Droplets, Inc.

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STIPULATION AND [PROPOSED] ORDER CHANGING
THE TIME FOR NORDSTROM’S REPLY BRIEF
Case No. 3:12-cv-04049 JST

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Filer’s Attestation

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Pursuant to Civil Local Rule 5-1(i)(3), Bonnie Grant, hereby attests that the above-named
signatories concur in this filing.
DATED: June 28, 2013
/s/ Bonnie M. Grant
Bonnie M. Grant

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: July 2, 2013
The Honorable Jon S. Tigar
United States District Judge

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STIPULATION AND [PROPOSED] ORDER CHANGING
THE TIME FOR NORDSTROM’S REPLY BRIEF
Case No. 3:12-cv-04049 JST

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