Finjan, Inc. v. Proofpoint, Inc. et al
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. Granting 178 Stipulation Extending Time for Certain Discovery. (ndrS, COURT STAFF) (Filed on 9/10/2015)
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PAUL J. ANDRE (State Bar No. 196585)
pandre@kramerlevin.com
LISA KOBIALKA (State Bar No. 191404)
lkobialka@kramerlevin.com
JAMES HANNAH (State Bar No. 237978)
jhannah@kramerlevin.com
KRAMER LEVIN NAFTALIS
& FRANKEL LLP
990 Marsh Road
Menlo Park, CA 94025
Telephone: (650) 752-1700
Facsimile: (650) 752-1800
JENNIFER A KASH (Bar No. 203679)
jenniferkash@quinnemanuel.com
SEAN PAK (Bar No. 219032)
seanpak@quinnemanuel.com
IMAN LORDGOOEI (Bar No. 251320)
imanlordgooei@quinnemanuel.com
SAM STAKE (Bar No. 257916)
samstake@quinnemanuel.com
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, California 94111-4788
Telephone: (415) 875-6600
Facsimile: (415) 875-6700
Counsel for Plaintiff
FINJAN, INC.
Counsel for Defendants
PROOFPOINT, INC. and ARMORIZE
TECHNOLOGIES, INC.
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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FINJAN, INC.,
Case No.: 13-CV-05808-HSG
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Plaintiff,
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v.
PROOFPOINT, INC. and ARMORIZE
TECHNOLOGIES, INC.,
STIPULATION AND ORDER
EXTENDING TIME FOR CERTAIN
DISCOVERY
Trial Date:
March 7, 2016
Defendants.
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__________________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER EXTENDING
Case No.: 13-CV-05808-HSG
TIME FOR CERTAIN DISCOVERY
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Pursuant to Civil Local Rules 6-1(b), 6-2, and 7-12, Plaintiff Finjan, Inc. and Defendants
2 Proofpoint, Inc. and Armorize Technologies, Inc. (collectively, “the Parties”), by and through their
3 respective counsel, hereby stipulate to the following request to modify the case schedule as follows:
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WHEREAS, the close of fact discovery in this matter was scheduled for September 2, 2015;
WHEREAS, the Parties have exchanged written discovery requests and responses, propounded
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third-party discovery, and noticed and scheduled depositions in conformance with the September 2,
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2015 deadline;
WHEREAS, certain discovery that was requested during the fact discovery period has not yet
10 been completed. The following is a description of this discovery:
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Defendants are continuing to produce documents pursuant to Finjan’s requests for
production and intend to provide a rolling production to be completed on or before
September 17, 2015;
Finjan has been working with third parties to obtain consent to produce certain documents
that it contends are subject to confidentiality obligations with those third parties, and Finjan
intends to produce these documents on or before September 11, 2015;
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Defendants have been working with third party Trustwave Holdings, Inc. (“Trustwave”) for
Trustwave to produce documents pursuant to a subpoena served by Defendants, and
Trustwave has indicated that it intends to produce these documents by September 14, 2015;
Defendants have been working with third party Trustwave for Trustwave to provide a
deposition pursuant to a subpoena served by Defendants, and Trustwave has indicated that
it intends to provide this deposition by September 21, 2015;
Defendants have been working with third party Trend Micro Incorporated (“Trend Micro”)
for Trend Micro to produce documents pursuant to a subpoena served by Defendants, and
Trend Micro has indicated that it intends to produce these documents by September 16,
2015;
Finjan has been working with third party TechValidate Software (“TechValidate”) to
produce documents pursuant to a subpoena served by Finjan, and TechValidate has
indicated that it intends to produce these documents by September 11, 2015;
Defendants took the deposition of third party witness, Mr. David Kroll, on September 4,
2015, due to Mr. Kroll’s unavailability on prior dates proposed by Defendants;
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__________________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER EXTENDING
Case No.: 13-CV-05808-HSG
TIME FOR CERTAIN DISCOVERY
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The parties have been working together to resolve certain discovery disputes, which may
result in additional discovery being provided.
WHEREAS, the parties have agreed, subject to the Court’s approval, to extend the fact
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discovery deadline for the limited purpose of completing the fact discovery set forth above;
WHEREAS, the parties have agreed, subject to the Court’s approval, to extend the deadline to
6 file motions to compel fact discovery pursuant to Civil Local Rule 37-3 from September 9, 2015 to
7 September 24, 2015;
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WHEREAS, the parties have agreed, subject to the Court’s approval, to extend the deadline for
opening expert reports from September 23, 2015 to October 7, 2015, the deadline for rebuttal expert
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reports from October 14, 2015 to October 28, 2015, and the close of expert discovery from October 28,
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2015 to November 6, 2015;
WHEREAS, the parties have agreed, subject to the Court’s approval, to extend the deadline for
14 the parties to file motions for summary judgment from November 11, 2015 to November 13, 2015;
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WHEREAS, trial in this matter is scheduled to begin on March 7, 2016;
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WHEREAS, the requested extensions described above should not have any material effect on
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the schedule in this case;
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NOW THEREFORE, the Parties hereby stipulate to and request (1) an extension of time to
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conduct fact discovery, in order to complete the discovery described above, (2) an extension of the
21 deadline to file motions to compel fact discovery from September 9, 2015 to September 24, 2015, (3)
22 an extension of the deadline to exchange opening expert reports from September 23, 2015 to October
23 7, 2015, (4) an extension of the deadline to exchange rebuttal expert reports from October 14, 2015 to
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October 28, 2015, (5) an extension of the deadline to complete expert discovery from October 28, 2015
to November 6, 2015, and (6) an extension of the deadline for the parties to file motions for summary
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judgment from November 11, 2015 to November 13, 2015.
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__________________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER EXTENDING
Case No.: 13-CV-05808-HSG
TIME FOR CERTAIN DISCOVERY
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IT IS SO STIPULATED.
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Respectfully submitted,
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4 Dated: September 9, 2015
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Counsel for Plaintiff
FINJAN, INC.
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Respectfully submitted,
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15 Dated: September 9, 2015
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By: /s/ Paul J. Andre
Paul J. Andre (SBN 196585)
Lisa Kobialka (SBN 191404)
James Hannah (SBN 237978)
KRAMER LEVIN NAFTALIS
& FRANKEL LLP
990 Marsh Road
Menlo Park, CA 94025
Telephone: (650) 752-1700
Facsimile: (650) 752-1800
pandre@kramerlevin.com
lkobialka@kramerlevin.com
jhannah@kramerlevin.com
By: /s/ Jennifer A. Kash__________
Jennifer A Kash (Bar No. 203679)
Sean Pak (Bar No. 219032)
Iman Lordgooei (Bar No. 251320)
Sam Stake (Bar No. 257916)
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, California 94111-4788
Telephone: (415) 875-6600
Facsimile: (415) 875-6700
jenniferkash@quinnemanuel.com
seanpak@quinnemanuel.com
imanlordgooei@quinnemanuel.com
samstake@quinnemanuel.com
Counsel for Defendants
PROOFPOINT, INC. and ARMORIZE
TECHNOLOGIES, INC.
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__________________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER EXTENDING
Case No.: 13-CV-05808-HSG
TIME FOR CERTAIN DISCOVERY
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ATTESTATION PURSUANT TO L.R. 5-1(I)
In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this
3 document has been obtained from any other signatory to this document.
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/s/ Paul J. Andre
Paul J. Andre
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__________________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER EXTENDING
Case No.: 13-CV-05808-HSG
TIME FOR CERTAIN DISCOVERY
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ORDER
2 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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(1) The fact discovery deadline is hereby extended for the limited purpose of completing the
4 discovery listed in the above Stipulation;
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(2) The deadline for opening expert reports is extended from September 23, 2015, to October 7,
6 2015;
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(3) The deadline for rebuttal expert reports is extended from October 14, 2015, to October 28,
8 2015;
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(4) The close of expert discovery is extended from October 28, 2015, to November 6, 2015;
(5) The deadline to file motions to compel fact discovery is hereby extended from September 9,
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(6) The deadline for the parties to file motions for summary judgment is hereby extended from
13 November 11, 2015 to November 13, 2015.
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15 DATED: September 10, 2015
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_______________________________
The Honorable Haywood S Gilliam, Jr.
United States District Judge
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__________________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER EXTENDING
Case No.: 13-CV-05808-HSG
TIME FOR CERTAIN DISCOVERY
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