Apple Inc. v. BYD Company Limited et al

Filing 27

JOINT STIPULATION AND ORDER TO EXTEND TIME TO FILE OPPOSITION AND REPLY BRIEFS (PETITIONER APPLE INCS MOTION TO COMPEL ARBITRATION AND FOR PRELIMINARY INJUNCTION) AND RESPONSE TO PETITION. Motion Hearing previously set for 12/17/15 Continued to 1/14/2016 at 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 11/23/15. (cl, COURT STAFF) (Filed on 11/23/2015)

1 ALLEN RUBY (SBN 47109)
[e-mail]
2 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
525 University Avenue, Suite 1400
3 Palo Alto, California 94301
Telephone: [phone]
4 Facsimile: [phone]
5 LANCE A. ETCHEVERRY (SBN 199916)
[e-mail]
6 ABRAHAM A. TABAIE (SBN 260727)
[e-mail]
7 ALLISON B. HOLCOMBE (SBN 268198)
[e-mail]
8 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
300 South Grand Avenue
9 Los Angeles, California 90071-3144
Telephone:
[phone]
10 Facsimile:
[phone]
11 Attorneys for Respondents
BYD COMPANY LIMITED AND
12 BYD PRECISION MANUFACTURING CO., LTD.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

17 APPLE INC,

CASE NO.: 3:15-cv-04985-RS

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JOINT STIPULATION TO EXTEND
TIME TO FILE OPPOSITION AND
REPLY BRIEFS (PETITIONER APPLE
INC’S MOTION TO COMPEL
ARBITRATION AND FOR
PRELIMINARY INJUNCTION) AND
RESPONSE TO PETITION; and

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)
)
Petitioner,
)
)
)
v.
)
)
BYD COMPANY LIMITED AND BYD
PRECISION MANUFACTURING CO., LTD., )
)
)
Respondents.
)
)
)

[PROPOSED] ORDER

Petitioner Apple Inc. (“Petitioner”) and Respondents BYD Company Limited and BYD

25 Precision Manufacturing Company, LTD. jointly stipulate, pursuant to Civil Local Rules 6-1(b), 626 2, and 7-12, to extend the time to file opposition and reply briefs regarding Petitioner’s Motion to
27 Compel Arbitration and for Preliminary Injunction (“Motion”) (Dkt. No. 3) and to respond to
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STIP. TO EXTEND DATES RE: MOTION AND RESPONSE TO PETITION

CASE NO.

3:15-cv-04985-RS

1 Petitioner’s Petition for Order Compelling Arbitration and for Injunctive Relief Pending
2 Arbitration (“Petition”) (Dkt. No. 1);
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WHEREAS, on November 16, 2015, Petitioner filed a motion with this Court to extend the

4 deadline for any opposition to Petitioner’s Motion from November 17, 2015 to November 24,
5 2015, and for a similar week extension for any reply papers (Dkt. No. 24);
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WHEREAS, this Court granted Petitioner’s motion to extend time, and rescheduled the

7 hearing on Petitioner’s Motion for December 17, 2015 (Dkt. No. 25);
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WHEREAS, counsel for Respondents also will be traveling to Asia for business the week

9 of December 17, 2015 and will be unavailable to attend the currently scheduled hearing on
10 Petitioner’s Motion;
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WHEREAS, counsel for Respondents were recently engaged to represent Respondents and

12 require additional time to consider the legal issues presented and to compile evidence to oppose
13 Petitioner’s Motion;
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WHEREAS, Petitioner understands that Respondent BYD Company Limited may have

15 withdrawn, or is in the process of withdrawing, its claims in the Chinese Patent Litigation as
16 described in the Petition, but Petitioner and Respondents require additional time to consider
17 whether to engage in further settlement discussions, including to discuss whether BYD Company
18 Limited will participate in a mediation led by the Shenzhen Court in order to obtain a “Mediation
19 Order”;
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Now therefore, the parties, through the undersigned counsel, hereby stipulate as follows:

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1) That the deadline for filing an opposition to Petitioner’s Motion be extended to

22 December 8, 2015;
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2) That the deadline for filing a response to Petitioner’s Petition be extended to December

24 8, 2015;
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3) That the deadline for filing a reply in support of Petitioner’s Motion be extended to

26 December 22, 2015; and
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4) That the hearing on Petitioner’s Motion be set for January 14, 2016 at 1:30 p.m.

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2
STIP. TO EXTEND DATES RE: MOTION AND RESPONSE TO PETITION

CASE NO. 3:15-CV-04985-RS

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The parties’ proposed time modification would impact the deadlines in this case as follows:

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Current date
11/24/2015

Requested date
12/8/2015

11/24/2015
12/1/2015

12/8/2015
12/22/2015

12/17/2015

Respondents’ Opposition to Petitioner’s
Motion to Compel Arbitration and For
Preliminary Injunction
Respondent’s Response to Petition
Petitioner’s Reply in Support of Motion to
Compel Arbitration and For Preliminary
Injunction
Hearing on Petitioner’s Motion to Compel
Arbitration and For Preliminary Injunction

01/14/2016

8 DATED: November 23, 2015
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SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP

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By:

/s/ Lance A. Etcheverry
LANCE A. ETCHEVERRY
Attorneys for Respondents
BYD COMPANY LIMITED AND
BYD PRECISION MANUFACTURING CO., LTD.

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SIMPSON THACHER & BARTLETT LLP

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By:

/s/ Harrison J. Frahn, IV
HARRISON J. FRAHN, IV
Attorneys for Petitioner
Apple Inc.

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Pursuant to Civil Local Rule 5-1(i), the filer attests that concurrence in the filing of this
document has been obtained from the signatories above.

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/s/ Lance Etcheverry

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STIP. TO EXTEND DATES RE: MOTION AND RESPONSE TO PETITION

CASE NO. 3:15-CV-04985-RS

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[PROPOSED] ORDER

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PURSUANT TO THE FOREGOING STIPULATION OF THE PARTIES, IT IS

3 ORDERED THAT:
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1. the deadline for any opposition to Apple’s Motion to Compel Arbitration and for

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Preliminary Injunction be extended from November 24, 2015 to December 8, 2015;

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2. the deadline for any response to Apple’s Petition for Order Compelling Arbitration and

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for Preliminary Injunction be extended from November 24, 2015 to December 8, 2015;

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3. the deadline for any reply in support of Apple’s Motion to Compel Arbitration and for
Preliminary Injunction also be extended from December 1, 2015 to December 22, 2015;
and
4. that the hearing on Petitioner’s Motion be set for January 14, 2016 at 1:30 p.m.

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November 23 2015
__,

__________________________
Honorable Richard Seeborg

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[PROPOSED] ORDER GRANTING STIP. TO EXTEND DATES RE: MOTION AND RESPONSE TO PETITION

CASE NO. 3:15-CV-04985-RS