Adaptix, Inc. v. Apple, Inc. et al

Filing 77

ORDER GRANTING STIPULATION AS MODIFIED 75 : Initial Case Management Conference continued to 7/24/2013 10:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 5/20/13. (lmh, COURT STAFF) (Filed on 5/20/2013)

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Christopher D. Banys (State Bar No. 230038)
Richard C. Lin
(State Bar No. 209233)
Daniel M. Shafer
(State Bar No. 244839)
[e-mail]
[e-mail]
[e-mail]
BANYS, P.C.
2200 Geng Road, Suite 200
Palo Alto, California 94303
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff, Adaptix, Inc.
[ATTORNEYS FOR ADDITIONAL PARTIES
LISTED ON SIGNATURE PAGES]

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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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ADAPTIX, INC.

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Case No. 3:13-cv-01776-NC
Plaintiff,

v.

STIPULATED REQUEST TO
CONTINUE CASE MANAGEMENT
CONFERENCE AND MODIFIED ORDER

APPLE INC., CELLCO PARTNERSHIP
d/b/a/ VERIZON WIRELESS
Defendants.

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Pursuant to Rule 6(b)(1) of the Federal Rules of Civil Procedure and Civil L.R. 6-2, the
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parties hereto stipulate to this joint request for a continuance of the Initial Case Management

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Conference currently set for May 29, 2013. The parties request that the CMC be continued to
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Wednesday, July 17, 2013.
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In support of this stipulated request, the parties state as follows:
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1. This case is one of six cases, all recently transferred to this District, for which an unopposed
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Administrative Motion to Consider Cases Related is currently pending before Judge
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STIPULATED REQUEST TO CONTINUE CMC

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CASE NO. 3:13-CV-01776-NC

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Hamilton. (See Dkt. No. 31 in Case No. 3:13-cv-01774-PJH.) The cases in question

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(including this case) are:

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a. Adaptix v. Motorola Mobility LLC, et al., Case No. 3:13-cv-1774-PJH (N.D. Cal.)

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b. Adaptix v. Apple Inc., et al., Case No. 3:13-cv-1776-NC (N.D. Cal.)

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c. Adaptix v. Apple Inc., et al., Case No. 3:13-cv-1777-MMC (N.D. Cal.)

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d. Adaptix v. AT&T Mobility LLC, et al., Case No. 3:13-cv-1778-NC (N.D. Cal.)

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e. Adaptix v. HTC Corp., et al., Case No. 5:13-cv-1844-PSG (N.D. Cal.)

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f. Adaptix v. Apple Inc., et al., Case No. 4:13-cv-2023-EMC (N.D. Cal.)

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2. The Administrative Motion To Consider Cases Related is unopposed. In the event that the

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Administrative Motion is granted, the parties’ understanding is that this case may be assigned

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to another judge who would set his or her own CMC date. (See Declaration of Daniel M.

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Shafer [“Shafer Decl.”], filed herewith.)

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3. In addition, two parties to this case have filed a Declination to Proceed Before a Magistrate

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Judge and Request For Reassignment to a United States District Judge. (Dkt. Nos. 73, 74.)

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The parties’ understanding is that this will also result in reassignment of this case, and

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vacation of the currently-scheduled CMC. (Shafer Decl.)

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4. There have been no previous time modifications requested by the parties in this case. The

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CMC date in question was modified once by the Court acting sua sponte. (Dkt. No. 61.)

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There are currently no scheduled dates subsequent to the CMC in question, so the requested

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modification will have no further effect on the case schedule. (Shafer Decl.)

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WHEREFORE, the parties respectfully request, in the interest of efficiency, that the upcoming
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CMC currently set for May 29, 2013, be continued until Wednesday, July 17, 2013 (and that the related

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deadlines originally set forth in the Order Setting Initial Case Management Conference and ADR

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Deadlines (Dkt. No. 58) also be continued accordingly), pending the Court’s decision on the

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Administrative Motion to Consider Cases Related, and/or pending the Court’s action on the Declinations

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to Proceed Before a Magistrate.

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STIPULATED REQUEST TO CONTINUE CMC

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CASE NO. 3:13-CV-01776-NC

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Dated: May 17, 2013

Respectfully submitted,

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By: /s/ Daniel M. Shafer
Christopher D. Banys
Richard C. Lin
Daniel M. Shafer
[e-mail]
[e-mail]
[e-mail]
BANYS, P.C.
2200 Geng Road, Suite 200
Palo Alto, California 94303
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff,
ADAPTIX, INC.

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By: /s/ Geoffrey Mark Godfrey
Mark Donnell Flanagan
Robert Michael Galvin
Geoffrey Mark Godfrey
[e-mail]
[e-mail]
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, CA 94303
Tel: [phone]
Fax: [phone]

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Attorneys for Defendant and
Counterclaim-Plaintiff Cellco Partnership
d/b/a Verizon Wireless

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By: /s/ Jonathan Hardt
Mark D. Selwyn (SBN 244180)
([e-mail])
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone:
[phone]

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STIPULATED REQUEST TO CONTINUE CMC

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CASE NO. 3:13-CV-01776-NC

Facsimile:

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[phone]

Jonathan Hardt (pro hac vice)
([e-mail])
WILMER CUTLER PICKERING
HALE AND DORR LLP
1875 Pennsylvania Ave. NW
Washington, DC 20006
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant and
Counterclaim-Plaintiff Apple Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The Case Management Conference is continued
to July 24, 2013 at 10:00 a.m. and the case management deadlines are continued accordingly.

S DISTRICT
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TA

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thanael M
Judge Na

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. Cousins

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D
RDERE
S SO O IED
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May 20, 2013

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UNIT
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Magistrate Judge Nathanael Cousins

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STIPULATED REQUEST TO CONTINUE CMC

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CASE NO. 3:13-CV-01776-NC

CERTIFICATION PURSUANT TO CIVIL L.R. 5-1(i)
RE E-FILING ON BEHALF OF MULTIPLE SIGNATORIES

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1.

I am an attorney licensed to practice law in the state of California. I am employed by

Banys, P.C., counsel for Plaintiff Adaptix, Inc. The statements herein are made on my personal
knowledge, and if called as a witness I could and would testify thereto.
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The above e-filed document contains multiple signatures. Pursuant to Civil L.R. 5-1(i), I

declare that concurrence has been obtained from each of the other signatories to file this jointly prepared
document with the Court.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.

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/s/ Daniel M. Shafer

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STIPULATED REQUEST TO CONTINUE CMC

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CASE NO. 3:13-CV-01776-NC