Whitecryption Corporation v. Arxan Technologies, Inc.

Filing 103

ORDER granting 102 STIPULATION to Continue Case Deadlines. Dispositive motions to be heard by 12/7/2016. Pretrial Conference set for 2/27/2017 02:00 PM and Jury Trial set for 4/3/2017 08:30 AM, both in Courtroom 12, 19th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 07/06/2016. (jmdS, COURT STAFF) (Filed on 7/6/2016)

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MICHAEL T. JONES (SBN 290660)
[e-mail]
GOODWIN PROCTER LLP
135 Commonwealth Drive
Menlo Park, California 94025-1105
Tel.: [phone]
Fax.: [phone]
Attorneys for Defendant/Counter-Claimant:
ARXAN TECHNOLOGIES, INC.

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RAJIV DHARNIDHARKA (SBN 234756)
[e-mail]
DLA PIPER LLP (US)
555 Mission Street, Suite 2400
San Francisco, CA 94105
Tel.: [phone]
Fax.: [phone]

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Attorneys for Plaintiff/ CounterclaimDefendants: WHTIECRYPTION CORPORATION AND
INTERTRUST TECHNOLOGIES, CORPORATION

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[ADDITIONAL COUNSEL LISTED IN SIGNATURE
BLOCK]

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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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WHITECRYPTION CORPORATION,

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Plaintiff,

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ARXAN TECHNOLOGIES, INC.,
Defendant.
ARXAN TECHNOLOGIES, INC.,

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STIPULATION AND ORDER TO
CONTINUE CASE DEADLINES

v.

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Case No. 3:15-CV-00754-WHO

Date:
Time:
Courtroom:
Judge:

N/A
N/A
02, 17th Floor
Hon. William H. Orrick
450 Golden Gate Avenue
San Francisco, CA

Counter-Claimant,
v.
WHITECRYPTION CORPORATION; and
INTERTRUST TECHNOLOGIES
CORPORATION
Counter-Defendants.

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STIPULATION & ORDER
TO CONTINUE CASE DEADLINES

CASE NO. 3:15-CV-00754-WHO

Plaintiff and cross-defendants whiteCryption Corporation (“whiteCryption”) and Intertrust

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Technologies Corporation (“Intertrust”) and defendant and counterclaimant Arxan Technologies,

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Inc. (“Arxan”) stipulate and agree as follows:
1.

On February 18, 2015, whiteCryption initiated the above-captioned action against

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2.

Arxan answered and counterclaimed against whiteCryption and Intertrust on April

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10, 2015.

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3.

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Arxan.

Between May and June 2015, the parties engaged in motion practice regarding the

counterclaims, and on June 18, 2015, the Court granted Intertrust’s motion to dismiss with leave to
amend.
4.

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On June 17, 2015, the Court issued a Civil Pretrial Order setting the deadlines in

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this action. ECF No. 35. The Court later ordered the parties to a settlement conference with a

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magistrate judge and modified the case schedule to accommodate a first phase of document

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discovery prior to the settlement conference. See ECF. Nos. 42-45.
5.

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magistrate judge, which did not result in settlement. ECF No. 46.
6.

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On January 5, 2016, the parties’ participated in a settlement conference with a

On February 17, 2016, whiteCryption filed its first amended complaint and Arxan

filed its first amended counterclaims. ECF Nos. 51-52.
7.

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On March 22, 2016, whiteCryption and Intertrust moved to dismiss the first

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amended counterclaims (ECF No. 66), and on June 15, 2016 the Court granted in part and denied

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in part the motion without leave to amend (ECF No. 89).
8.

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The parties have engaged in extensive discovery, collectively producing hundreds

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of thousands of documents and approximately 20 depositions will be taken, two of which are

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scheduled to take place after the close of fact discovery.1 Based on the document productions and

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scheduling issues, the first deposition did not occur until June 16, 2016.

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whiteCryption will take the deposition of Google at a mutually agreeable date after Google
produces the documents the Court ordered it to produce. See Dkt. No. 101. whiteCryption will
take the deposition of a former Arxan employee on July 21, 2016 by agreement of the parties. The
deposition was planned for July 8, but the deponent has a family emergency, which necessitated a
rescheduling with no available alternative before the July 15, 2016 fact discovery deadline.
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STIPULATION AND [PROPOSED] ORDER
TO CONTINUE CASE DEADLINES
CASE NO. 3:15-CV-00754-WHO

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9.

Due to the large volume of documents produced in this case and the number and

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the schedule of depositions, the parties both require additional time to prepare and produce

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meaningful expert reports without seeking leave for supplementing them. Moving the expert

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disclosure deadline triggers a need to reschedule the deadlines that follow expert disclosures.

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Further, all parties anticipate filing motions for summary judgment or summary adjudication,

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which the parties believe is good cause to extend the briefing and hearing schedule for such

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motions.

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10.

The parties previously requested one extension of the deadlines in the Civil Pretrial

Order on December 18, 2015, which was granted on December 21, 2015. ECF No. 45
11.

The parties realize that changing a case schedule is highly dependent upon the

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Court’s schedule, including the Court’s availability to hear dispositive motions, conduct pretrial

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conferences, and conduct trials. The parties welcome a telephonic case management conference to

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discuss alternatives to the schedule they are proposing.

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Therefore, the parties stipulate and agree, subject to the Court’s approval, that deadlines for
expert discovery and the deadlines that follow it be set as follows:
Current Deadline
Expert disclosure
July 29, 2016
Expert rebuttal
August 22, 2016
Expert discovery cutoff
September 12, 2016
Dispositive motion filing deadline none
Oppositions to dispositive motions none
due
Replies in support of dispositive
none
motions due
Dispositive motions heard by
November 9, 2016
Pretrial Conference

January 23, 2017 at 2:00 p.m.

Trial (jury)

February 27, 2017 at 8:30 a.m.

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November 23, 2016
December 7, 2016
February 20, 2017 at
2:00 p.m.
March 27, 2017 at 8:30
a.m.

Respectfully submitted,

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Proposed Deadline
August 29, 2016
September 22, 2016
October 12, 2016
October 19, 2016
November 10, 2016

Dated: July 5, 2016

By: /s/Michael T. Jones
MICHAEL T. JONES (SBN 290660)
[e-mail]
NICOLE L. CHESSARI (SBN 259970)
[e-mail]
GOODWIN PROCTER LLP
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STIPULATION AND [PROPOSED] ORDER
TO CONTINUE CASE DEADLINES

CASE NO. 3:15-CV-00754-WHO

135 Commonwealth Drive
Menlo Park, California 94025-1105
Tel.: [phone]
Fax.: [phone]

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FORREST A. HAINLINE III (SBN 64166)
[e-mail]
GOODWIN PROCTER LLP
Three Embarcadero Center, 24th Floor
San Francisco, California 94111
Tel.: [phone]
Fax.: [phone]

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HONG-AN VU (SBN 266268)
[e-mail]
GOODWIN PROCTER LLP
601 S. Figueroa Street, 41st Floor
Los Angeles, California 90017
Tel.: [phone]
Fax.: [phone]

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GOODWIN PROCTER LLP
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Attorneys for Defendant/Counter-Claimant:
ARXAN TECHNOLOGIES, INC.

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Respectfully submitted,

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Dated: July 5, 2016

By: /s/ Rajiv Dharnidharka

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RAJIV DHARNIDHARKA (SBN 234756)
[e-mail]
DEBORAH E. MCCRIMMON (SBN 229769)
[e-mail]
DLA PIPER LLP (US)
555 Mission Street, Suite 2400
San Francisco, California 94105-2933
Tel.: [phone]
Fax: [phone]

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TODD M. NOONAN (SBN 172962)
[e-mail]
DLA PIPER LLP (US)
400 Capitol Mall, Suite 2400
Sacramento, CA 95814-4428
Tel.: [phone]
Fax: [phone]

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Attorneys for Plaintiff/Counter-Defendants:
WHTIECRYPTION CORPORATION AND INTERTRUST
TECHNOLOGIES, CORPORATION

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-4–
STIPULATION AND [PROPOSED] ORDER
TO CONTINUE CASE DEADLINES

CASE NO. 3:15-CV-00754-WHO

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PURSUANT TO STIPULATION, IT IS SO ORDERED except as modified below:

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Pre-trial conference: February 27, 2017 at 2:00 p.m.

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Trial: April 3, 2017 at 8:30 a.m.

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Dated: July 6, 2016
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HON. WILLIAM H. ORRICK
UNITED STATED DISTRICT COURT JUDGE

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-5–
STIPULATION AND [PROPOSED] ORDER
TO CONTINUE CASE DEADLINES

CASE NO. 3:15-CV-00754-WHO