THX, Ltd. v. Apple, Inc.

Filing 7

ORDER GRANTING 6 STIPULATION TO CONTINUE THE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES. Case Management Statement due by 7/19/2013. Rule 26 Meeting Report due by 7/19/2013. Initial Case Management Conference set for 7/26/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 6/5/13. (jjoS, COURT STAFF) (Filed on 6/5/2013)

Case3:13-cv-01161-JSW Document6 Filed06/04/13 Page1 of 3

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Eric L. Wesenberg, Bar No. 139696
[e-mail]
Christopher L Kelley, Bar No. 166608
[e-mail]
Kenneth J. Halpern, Bar No. 187663
[e-mail]
Wing H. Liang, Bar No. 285521
[e-mail]
PERKINS COIE LLP
3150 Porter Drive
Palo Alto, CA 94304-1212
Telephone: [phone]
Facsimile: 650.838.43501
Attorneys for Plaintiff
THX, LTD.
Mark D. Selwyn, Bar No. 244180
[e-mail]
WILMERHALE LLP
950 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant Apple Inc.

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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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THX, LTD.,

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Case No. 3:13-CV-01161-JSW
Plaintiff,

v.

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE THE CASE
MANAGEMENT CONFERENCE AND
RELATED DEADLINES

APPLE, INC.,

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Defendant.

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Pursuant to the Court’s Order Setting Initial Case Management Conference and ADR

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Deadlines dated March 14, 2013 (Dkt. No. 2), the Court’s Order Setting Case Management

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Conference and Requiring Joint Case Management Conference Statement dated March 19, 2013
LEGAL26908131.1

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STIPULATION TO CONTINUE CMC AND RELATED
DEADLINES CASE NO.: 3:13-CV-01161 JSW

Case3:13-cv-01161-JSW Document6 Filed06/04/13 Page2 of 3

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(Dkt. No. 5), and Local Rules 6-2 and 7-12, plaintiff THX, Ltd. (“THX”) and defendant Apple

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Inc. (“Apple”) jointly submit this stipulated request for an order continuing the Case Management

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Conference, which is now set for June 14, 2013 at 1:30 p.m., and other related deadlines by 42

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days or as soon thereafter as the matter may be heard.

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WHEREAS THX filed its Complaint in this action on March 14, 2013;

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WHEREAS THX has not yet served Apple with its Complaint and Apple has not yet

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appeared in this action;
WHEREAS on March 14, 2013 and March 19, 2013, this Court issued orders scheduling a
Case Management Conference for June 14, 2013;
WHEREAS the parties are currently attempting to resolve this matter outside of this
litigation; and
WHEREAS the requested continuance is the first request for an extension in this case of
any kind and will not affect any other deadline.
NOW THEREFORE IT IS HEREBY STIPULATED by the parties, through their

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respective counsel, that the Case Management Conference shall be continued from June 14,

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2013 at 1:30 p.m. to July 26, 2013 at 1:30 p.m., or as soon thereafter as the matter may be

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heard, and that all related deadlines shall be continued as follows:

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Date

Event

July 5, 2013

Last day to:
• meet and confer re: initial disclosures, early settlement,
ADR process selection, and discovery plan;
• file ADR Certification signed by Parties and Counsel;
and
• file either Stipulation to ADR Process or Notice of Need
for ADR Phone Conference

July 19, 2013

Last day to:
• file Rule 26(f) Report, complete initial disclosures or state
objection in Rule 26(f) Report; and
• file Case Management Statement

July 26, 2013

Case Management Conference at 1:30 p.m.

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STIPULATION TO CONTINUE CMC
AND RELATED DEADLINES
CASE NO.: 3:13-CV-01161 JSW

Case3:13-cv-01161-JSW Document6 Filed06/04/13 Page3 of 3

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IT IS SO STIPULATED.

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/s/ Eric L. Wesenberg
______
Eric L. Wesenberg, Bar No. 139696
[e-mail]

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Attorneys for Plaintiff THX, LTD.

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Dated: June 4, 2013

By:

Pursuant to Civil Local Rule 5-1(i)(3), counsel for THX has obtained the concurrence
of Apple’s counsel in the filing of this Stipulated Request.

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Dated: June 4, 2013

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By:

/s/ Mark D. Selwyn
Mark D. Selwyn, Bar No. 244180
[e-mail]

Attorneys for Defendant Apple Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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June 5, 2013
DATED: _________________

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_____________________________________
Honorable Jeffrey S. White
United States District Judge

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STIPULATION TO CONTINUE CMC
AND RELATED DEADLINES
CASE NO.: 3:13-CV-01161 JSW