WhatsApp Inc. v. Intercarrier Communications, LLC

Filing 48

STIPULATION AND ORDER re 47 STIPULATION WITH PROPOSED ORDER TO EXTEND TIME TO EXCHANGE CLAIM CONSTRUCTIONS AND EXTRINSIC EVIDENCE filed by Intercarrier Communications, LLC. Signed by Judge Jon S. Tigar on April 28, 2014. (wsn, COURT STAFF) (Filed on 4/28/2014)

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1 2 3 4 5 6 7 8 9 Tim Devlin (admitted pro hac vice) FARNEY DANIELS PC 1220 North Market Street, Suite 850 Wilmington, DE 19806 Telephone: (302) 300-4626 Email: tdevlin@farneydaniels.com Jonathan D. Baker (Cal. Bar No. 196062) FARNEY DANIELS PC 411 Borel Ave., Suite 350 San Mateo, CA 94402 Telephone: (424) 268-5210 Facsimile: (424) 268-5219 Email: jbaker@farneydaniels.com Attorneys for Defendant INTERCARRIER COMMUNICATIONS, LLC 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 WHATSAPP, INC., Case No. 13-cv-4272-JST Plaintiff, 15 16 17 18 v. INTERCARRIER COMMUNICATIONS, LLC, PARTIES’ STIPULATION AND JOINT MOTION TO EXTEND TIME TO EXCHANGE CLAIM CONSTRUCTIONS AND EXTRINSIC EVIDENCE Defendant. 19 20 21 22 23 24 25 Plaintiff WhatsApp, Inc. (“WhatsApp”) and Defendant Intercarrier Communications, LLC (“ICC”) (collectively “Parties”) hereby stipulate and respectfully submit this stipulation and joint motion to extend the deadline for one date in the current case schedule. In support, the Parties state the following: 1. Pursuant to the Court’s Case Management and Scheduling Order (D.I. 33), the 26 Parties are currently scheduled to exchange preliminary claim constructions and extrinsic evidence 27 on May 5, 2014. 28 2. Due to the press of other case and business matters, ICC requested to WhatsApp a STIPULATION AND JOINT MOTION TO EXTEND TIME CASE NO. 13-CV-4272-JST -1- 1 2 3 4 5 6 7 8 9 10 11 12 brief extension of time for the Parties to exchange their preliminary claim constructions and extrinsic evidence. 3. The Parties have conferred and agree to extend the deadline for the exchange to until May 13, 2014. 4. The requested extension would not affect any other deadlines in the current case schedule. 5. The time for the case management conference was previously extended from December 11, 2013 to January 22, 2014. WHEREFORE, the Parties hereby stipulate and agree to extend the deadline to exchange their preliminary claim constructions and extrinsic evidence to May 13, 2014, and respectfully request the Court to modify its Case Management and Scheduling Order. IT IS SO STIPULATED. 13 14 Respectfully submitted, 15 16 DATED: April 25, 2014 /s/ Tim Devlin Tim Devlin Attorneys for Defendant INTERCARRIER COMMUNICATIONS, LLC DATED: April 25, 2014 /s/ Rick Frenkel Rick Frenkel Attorneys for Plaintiff WHATSAPP, INC. 17 18 19 20 21 22 23 24 25 FILER’S ATTESTATION Pursuant to Civil Local Rule 5-1(i)(3), Tim Devlin, hereby attests that the concurrence in the filing of this document has been obtained from the other signatories, which shall serve in lieu of their signatures. 26 27 28 /s/ Tim Devlin Tim Devlin Attorneys for Defendant INTERCARRIER COMMUNICATIONS, LLC STIPULATION AND JOINT MOTION TO EXTEND TIME CASE NO. 13-CV-4272-JST -2- 1 PURSUANT TO STIPULATION, IT IS SO ORDERED: 3 S RT 9 NO 8 _____________________________________ UNITED STATES DISTRICT JUDGE nS J u d ge J o ER 11 . Ti ga r A H 10 R NIA 7 DERED O OR IT IS S FO 6 UNIT ED 5 April 28, 2014 DATED: ______________________ RT U O 4 S DISTRICT TE C TA LI 2 ORDER N F D IS T IC T O R C 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND JOINT MOTION TO EXTEND TIME CASE NO. 13-CV-4272-JST -3-

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