Aylus Networks, Inc. v. Apple Inc.

Filing 136

STIPULATION AND ORDER re 134 STIPULATION WITH PROPOSED ORDER Regarding The Taking Of Limited Party And Third Party Discovery After The Fact Discovery Cutoff filed by Apple Inc.. Signed by Judge Edward M. Chen on 6/2/15. (bpf, COURT STAFF) (Filed on 6/2/2015)

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Harold A. Barza (Bar No. 80888)
[e-mail]
Amar L. Thakur (Bar No. 194025)
[e-mail]
Vincent Pollmeier (Bar No. 210684)
[e-mail]
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
865 South Figueroa Street, 10th Floor
Los Angeles, CA 90017-2543
Telephone: [phone]
Facsimile: 213.443.3100

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Attorneys for Plaintiff
AYLUS NETWORKS, INC.

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MARK D. FOWLER, Bar No. 124235
[e-mail]
CHRISTINE K. CORBETT, Bar No. 209128
[e-mail]
ROBERT BUERGI, Bar No. 242910
[e-mail]
ERIK R. FUEHRER, Bar No. 252578
[e-mail]
JONATHAN HICKS, Bar No. 274634
[e-mail]
DLA PIPER LLP (US)
2000 University Avenue
East Palo Alto, CA 94303-2214
Telephone: [phone]
Facsimile: 650.833.2001
ROBERT WILLIAMS, Bar No. 246990
[e-mail]
DLA PIPER LLP (US)
401 B Street, Suite 1700
San Diego, CA 92101-4297
Telephone: [phone]
Facsimile: [phone]

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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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AYLUS NETWORKS, INC.,
Plaintiff,

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v.

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APPLE INC.,

CASE NO. 3:13-cv-04700-EMC
STIPULATION AND [PROPOSED]
ORDER REGARDING THE TAKING OF
LIMITED PARTY AND THIRD PARTY
DISCOVERY AFTER THE FACT
DISCOVERY CUTOFF

Defendant.

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DLA P IPER LLP (US)
EAST PAL O AL TO

-1WEST\258668983.1
337722-000046

STIP & [PROPOSED] ORDER REGARDING THE TAKING OF LIMITED PARTY AND THIRD PARTY
DISCOVERY AFTER THE FACT DISCOVERY CUTOFF / CASE NO. 13-CV-4700-EMC

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Pursuant to Civil Local Rule 6-2, Aylus Networks, Inc. (“Aylus”) and Apple Inc.

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(“Apple”) (collectively, the “parties”) respectfully submit this Stipulation And [Proposed] Order

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Regarding The Taking Of Limited Party And Third Party Discovery After The Fact Discovery

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Cutoff.

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WHEREAS, fact discovery is set to close in this case on June 4, 2015 and the deadline to
file motions to compel is currently set for June 11, 2015;
WHEREAS, the parties have been meeting and conferring to schedule depositions of
Apple and Aylus employees within the fact discovery period;
WHEREAS, the earliest date that both Taraneh Maghame, Apple’s Rule 30(b)(6) witness

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regarding certain Aylus deposition topics, and the parties are available for Ms. Maghame’s

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deposition is June 8, 2015 because Ms. Maghame is travelling during the last two weeks of the

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fact discovery period;

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WHEREAS, the earliest date that both Mark Edwards, former Aylus CEO, and the parties

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are available for Mr. Edward’s deposition is June 19, 2015 because Mr. Edwards now works in

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the United Kingdom;

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WHEREAS, to accommodate Ms. Maghame and Mr. Edward’s schedules, the parties
agree to take these two depositions after the fact discovery cut-off;
WHEREAS, the parties further agree to extend the motion to compel deadline for any

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issues that arise of Ms. Maghame’s and Mr. Edward’s depositions to until one week after each of

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those depositions take place;

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WHEREAS, the parties also have agreed to permit four third parties, Intel, Microsoft,

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TWBA, and Netflix, to complete document production, and hold depositions after the close of

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fact discovery, due to production issues, scheduling conflicts and limitations on witness

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availability;

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WHEREAS, to accommodate these third parties, parties request that the Court extend the

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deadline for fact discovery as to the Intel, Microsoft, TWBA, and Netflix subpoenas to until

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June 18, 2015, and the motion to compel deadline for any issues that arise out of the document

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production and depositions to until one week after each of those depositions take place;
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DLA P IPER LLP (US)
EAST PAL O AL TO

WEST\258668983.1
337722-000046

STIP & [PROPOSED] ORDER REGARDING THE TAKING OF LIMITED PARTY AND THIRD PARTY
DISCOVERY AFTER THE FACT DISCOVERY CUTOFF / CASE NO. 13-CV-4700-EMC

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WHEREAS, the requested time change would not have any effect on any other dates in the
schedule for this case;

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NOW, THEREFORE, the parties respectfully request that the Court issue an order

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permitting the taking of these two party depositions and completion of document productions and

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taking of depositions of Intel, Microsoft, TWBA, and Netflix after the close of fact discovery and

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extending the motion to compel deadline concerning issues arising out of these party depositions

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and third party subpoenas to until one week after each deposition takes place.

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IT IS SO STIPULATED.
Respectfully submitted,

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Dated: June 1, 2015

DLA PIPER LLP (US)

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By: /s/ Erik R. Fuehrer
MARK D. FOWLER
CHRISTINE K. CORBETT
ROBERT BUERGI
ROBERT WILLIAMS
ERIK R. FUEHRER
JONATHAN HICKS

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Attorneys for Defendant
Apple Inc.

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Dated: June 1, 2015

QUINN EMANUEL URQUHART &
SULLIVAN, LLP

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By: /s/ Amar L. Thakur
HAROLD A. BARZA
AMAR L. THAKUR
VINCENT POLLMEIER

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Attorneys for Plaintiff
Aylus Networks, Inc.

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DLA P IPER LLP (US)
EAST PAL O AL TO

-3WEST\258668983.1
337722-000046

STIP & [PROPOSED] ORDER REGARDING THE TAKING OF LIMITED PARTY AND THIRD PARTY
DISCOVERY AFTER THE FACT DISCOVERY CUTOFF / CASE NO. 13-CV-4700-EMC

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[PROPOSED] ORDER

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IT IS HEREBY ORDERED that:
• The deposition of Ms. Maghame may take place on June 8, 2015 and the

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deposition of Mr. Edwards may take place on June 19, 2015 – after the fact

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discovery cut-off;

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• The deadline for the parties to file motions to compel related to issues with the

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depositions of Ms. Maghame and Mr. Edwards is hereby extended to until one

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week after each deposition takes place;
• The deadline for fact discovery as to the Intel, Microsoft, TWBA, and Netflix

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subpoenas is extended to until June 18, 2015; and

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• The deadline for the parties to file motions to compel deadline for any issues that

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arise out of the document production and depositions of the Intel, Microsoft,

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TWBA, and Netflix subpoenas to until one week after each of those depositions

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take place.

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D

RDERE

OO
Hon. Edward M. Chen
IT IS S
United States District Court Judge

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dwar
Judge E

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Dated:

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UNIT
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6/2/15

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IT IS SO ORDERED.

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DLA P IPER LLP (US)
EAST PAL O AL TO

-4WEST\258668983.1
337722-000046

STIP & [PROPOSED] ORDER REGARDING THE TAKING OF LIMITED PARTY AND THIRD PARTY
DISCOVERY AFTER THE FACT DISCOVERY CUTOFF / CASE NO. 13-CV-4700-EMC

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ECF CERTIFICATION
I, Erik Fuehrer, am the ECF user whose identification and password are being used to file

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this joint motion in compliance with Civil L.R. 5-4. Concurrence to the filing of this document

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was obtained from counsel for Aylus Networks, Inc. on June 1, 2015.

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I declare under penalty of perjury under the laws of the United States that the foregoing is

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true and correct.

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Dated: June 1, 2015

/s/ Erik R. Fuehrer
Erik R. Fuehrer

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DLA P IPER LLP (US)
EAST PAL O AL TO

-5WEST\258668983.1
337722-000046

STIP & [PROPOSED] ORDER REGARDING THE TAKING OF LIMITED PARTY AND THIRD PARTY
DISCOVERY AFTER THE FACT DISCOVERY CUTOFF / CASE NO. 13-CV-4700-EMC