Emblaze Ltd. v. Microsoft Corporation

Filing 136

STIPULATION AND ORDER re 134 STIPULATION WITH PROPOSED ORDER; JOINT STIPULATION REQUESTING MODIFICATION TO SCHEDULING ORDER; [PROPOSED ORDER] filed by Microsoft Corporation. Signed by Judge Jon S. Tigar on March 12, 2015. (wsn, COURT STAFF) (Filed on 3/12/2015)

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Eric L. Wesenberg, (SBN 139696)
[e-mail]
Christopher L. Kelley (SBN 166608)
[e-mail]
Kenneth J. Halpern (SBN 187663)
[e-mail]
PERKINS COIE LLP
3150 Porter Drive
Palo Alto, CA 94304-1212
Telephone: [phone]
Facsimile: 650.838.4350
Antoine M. McNamara (SBN 261980)
[e-mail]
PERKINS COIE LLP
1201 Third Avenue, Suite 4800
Seattle, WA 98101
Telephone: [phone]
Facsimile: 206.359.9000
Isabella E. Fu (SBN 154677)
Associate General Counsel
Microsoft Corporation
One Microsoft Way
Redmond, WA 98052
Telephone: [phone]
Facsimile: 425.936.7329

Scott R. Raber (SBN 194924)
[e-mail]
RIMON P.C.
One Embarcadero Center, Suite 400
San Francisco, CA 94111
Phone: [phone]
Facsimile: 800.930.7271
Alexandra Wald (admitted pro hac vice)
[e-mail]
Francisco A. Villegas (SBN 206997)
[e-mail]
Damir Cefo (admitted pro hac vice)
[e-mail]
Erik Hanson (admitted pro hac vice)
[e-mail]
Christopher M.P. Jackson
(admitted pro hac vice)
[e-mail]
COHEN & GRESSER LLP
800 Third Avenue, 21st Floor
New York, NY 10022
Phone: [phone]
Facsimile: 212.957.4514
Attorneys for Plaintiff
Emblaze Ltd.

Counsel for Defendant
Microsoft 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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EMBLAZE, LTD.,
Plaintiff,

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Case No. 3:12-cv-5422-JST

v.

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MICROSOFT CORPORATION,

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JOINT STIPULATION REQUESTING
MODIFICATION TO SCHEDULING
ORDER; [PROPOSED ORDER]

Defendant.

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LEGAL125286761.2

JOINT STIPULATION REQUESTING
MODIFICATION TO SCHEDULING
ORDER -- CASE NO. 3:12-cv-5422-JST

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Pursuant to Civil Local Rule 6-2, the parties to this action respectfully submit the

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following Joint Stipulation Requesting Modification to the Court’s Scheduling Order (D.E. #105),

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dated October 10, 2014.
1.

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The fact discovery cut-off, which is currently August 7, 2015, shall be extended

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until September 8, 2015; the expert disclosures deadline, which is presently August 7, 2015, shall

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be extended until September 8, 2015; the expert rebuttal deadline, which is presently August 28,

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2015, shall be extended until September 29, 2015; the expert discovery deadline, which is

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presently October 9, 2015, shall be extended to November 9, 2015, and the deadline for

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dispositive motions, which is presently October 30, 2015, shall be extended to November 30,

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2015.

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2.

The reason for the requested extension is that the parties have simultaneously

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requested an extension of the briefing schedule and hearing date for Emblaze’s Motion to Compel

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Discovery (D.E. #114), the latter by three weeks to the Court’s next available date after the date

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currently scheduled (from April 7 to April 28). The parties have been and are continuing to meet

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and confer to resolve the issues raised in Emblaze’s motion, have resolved some of those issues,

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and believe that the additional time will greatly increase the likelihood that they will reach

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agreement on the remaining issues and avoid the need for the Court’s intervention or any further

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briefing. The parties are requesting an extension of the close of fact discovery and the window

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for expert discovery by 30 days to allow additional time for document review and deposition

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preparation in case the resolution of discovery issues pushes out the time within which Emblaze

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receives requested documents. This would still leave five months between the close of expert

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discovery (now proposed for November 9, 2015) and the commencement of trial on April 4,

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2016, and four months between the filing of dispositive motions (now proposed for November 30,

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215) and the commencement of trial.

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3.

The previous time modifications in this case are as follows: A Case Management

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Conference had originally been scheduled for February 11, 2013 (D.E. #21), before being vacated

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and reset to February 25, 2013, and subsequently being vacated pursuant to a Reassignment Order
(D.E. #30). Subsequent to the Clerk’s Notice Setting Case Management Conference (D.E. #37),
LEGAL125286761.2

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JOINT STIPULATION REQUESTING
MODIFICATION TO SCHEDULING
ORDER -- CASE NO. 3:12-cv-5422-JST

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the parties filed a Joint Stipulation Requesting an Extension for the Case Management

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Conference (D.E. #38), and an extension of 14 days was granted (D.E. #39). A Joint Statement

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Proposing Schedules for Summary Judgment and Claim Construction Briefing had originally

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been scheduled for August 27, 2013. (D.E. #47). The parties filed a Joint Stipulation Requesting

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an Extension for Filing Statement Proposing Schedules for Summary Judgment and Claim

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Construction Briefing (D.E. #48), and an extension of 2 days was granted (D.E. #49). A

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technology tutorial had originally been scheduled for October 29, 2013 and a claims construction

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hearing had originally been scheduled for November 12, 2013. (D.E. #42). Pursuant to Court

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Order (D.E. #57), the tutorial was continued to December 16, 2013 and the claims construction

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hearing was continued to December 18, 2013. Pursuant to Court Order (D.E. #60), the tutorial

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was subsequently continued to February 4, 2014 and the claims construction hearing was

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continued to February 6, 2014. Pursuant to Clerk’s Notice (D.E. #61), the tutorial was continued

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to March 3, 2014 and the claims construction hearing continued to March 5, 2014. Pursuant to

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Clerk’s Notice (D.E. #62), the tutorial was continued to June 9, 2014 and the claims construction

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hearing was continued to June 11, 2014. The parties filed a joint Stipulated Request for Order

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Enlarging Time in Connection With Microsoft’s Motion to Disqualify Cohen & Gresser LLP As

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Counsel for Emblaze Ltd. (D.E. #68) and an extension of 13 days was granted for Emblaze to file

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its Response brief and 6 days for Microsoft to file its Reply brief (D.E. #69). The parties filed a

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joint Stipulated Request for Order Enlarging Time to File Declaration in Support of Emblaze’s

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Administrative Motion to File Documents Under Seal (D.E. #130) and an extension of two days

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was granted for Microsoft to file a declaration addressing the sealability of the confidential

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documents Emblaze had submitted with its Motion to Compel (D.E. #114).

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Event
Fact discovery cut-off
Expert disclosures
Expert rebuttal
Expert discovery cut-off
Deadline to file dispositive motions
Pretrial conference statement due
Pretrial conference
LEGAL125286761.2

Previous Deadline
8/7/15
8/7/15
8/28/15
10/9/15
10/30/15
3/8/16
3/18/16 at 2:00 p.m.
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New Deadline
9/8/15
9/8/15
9/29/15
11/9/15
11/30/15
UNCHANGED
UNCHANGED

JOINT STIPULATION REQUESTING
MODIFICATION TO SCHEDULING
ORDER -- CASE NO. 3:12-cv-5422-JST

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Event
Trial
Estimate of trial length (in days)

Previous Deadline
4/4/16 at 8:30 a.m.
Twelve

New Deadline
UNCHANGED
UNCHANGED

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Dated: March 10, 2015

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PERKINS COIE LLP
By:

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/s/ Eric L. Wesenberg
Eric L. Wesenberg
[e-mail]

Attorneys for Defendant
Microsoft Corporation

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Dated: March 10, 2015

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COHEN & GRESSER LLP
By:

/s/ Francisco Villegas
Francisco Villegas

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Attorneys for Plaintiff
Emblaze Ltd.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: March 12, 2015

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Honorable Jon S. Tigar
United States District Judge

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LEGAL125286761.2

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JOINT STIPULATION REQUESTING
MODIFICATION TO SCHEDULING
ORDER -- CASE NO. 3:12-cv-5422-JST

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ATTESTATION

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Pursuant to Civil Local Rule 5-1(i)(3), I hereby declare under penalty of perjury under the

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laws of the United States of America that concurrence in this filing has been obtained from

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signatory Francisco Villegas.

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Executed this 10th day of March, 2015 at Palo Alto, California.
/s/ Eric L. Wesenberg
Eric L. Wesenberg

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LEGAL125286761.2

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JOINT STIPULATION REQUESTING
MODIFICATION TO SCHEDULING
ORDER -- CASE NO. 3:12-cv-5422-JST