Apple Inc. v. BYD Company Limited et al

Filing 41

JOINT STIPULATION AND ORDER 39 TO EXTEND TIME TO FILE REPLY BRIEF AND CONTINUE HEARING AND EXTEND TIME TO FILE OPPOSITION AND REPLY BRIEFS AND CONTINUE HEAARING. Motions Hearing set for 1/28/2016 at 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 12/21/15. (cl, COURT STAFF) (Filed on 12/21/2015)

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SIMPSON THACHER & BARTLETT LLP
Harrison J. Frahn IV (CA Bar No. 206822)
[e-mail]
2475 Hanover Street
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
SIMPSON THACHER & BARTLETT LLP
Peter C. Thomas (pro hac vice)
[e-mail]
Janet M. Whittaker (pro hac vice)
[e-mail]
900 G Street, N.W.
Washington, D.C. 20001
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner Apple Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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APPLE INC.,

Case No. 3:15-cv-04985-RS

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Petitioner,

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JOINT STIPULATION TO (1) EXTEND
TIME TO FILE REPLY BRIEF AND
CONTINUE HEARING (APPLE’S
MOTION TO COMPEL ARBITRATION
AND FOR PRELIMINARY
INJUNCTION) AND (2) EXTEND TIME
TO FILE OPPOSITION AND REPLY
BRIEFS AND CONTINUE HEARING
(BYD COMPANY LIMITED’S MOTION
TO DISMISS FOR LACK OF
PERSONAL JURISDICTION); and

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[PROPOSED] ORDER

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Hon. Richard Seeborg

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vs.
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BYD PRECISION MANUFACTURING CO.,
LTD. AND BYD COMPANY LIMITED,
Respondents.

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JOINT STIP. TO EXTEND TIME RE MTCA & MTD

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

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Petitioner Apple Inc. (“Apple”) and Respondents BYD Precision Manufacturing Co., Ltd.

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(“Precision”) and BYD Company Limited (“Limited” and, together with Precision,

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“Respondents”) jointly stipulate, pursuant to Civil Local Rules 6-1(b), 6-2, and 7-12, to extend

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the time to file any reply brief regarding Apple’s Motion to Compel Arbitration and for

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Preliminary Injunction (Dkt. 3) (the “Motion to Compel Arbitration”), to extend the time to file

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any opposition and reply briefs regarding Limited’s Motion to Dismiss for Lack of Personal

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Jurisdiction (Dkt. 34) (the “Motion to Dismiss”), and to continue the hearing on the Motion to

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Compel Arbitration and Motion to Dismiss.

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WHEREAS, on November 16, 2015, Apple filed a motion with this Court to (1) extend

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the deadline for any opposition to the Motion to Compel Arbitration from November 17, 2015 to

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November 24, 2015, and (2) extend the deadline for any reply in support of the Motion to

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Compel Arbitration from November 24, 2015 to December 1, 2015 (Dkt. 24);

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WHEREAS, this Court granted Apple’s motion to extend time, and rescheduled the
hearing on the Motion to Compel Arbitration for December 17, 2015 (Dkt. 25);
WHEREAS, on November 23, 2015, Apple and Respondents filed a joint stipulation with

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this Court to (1) extend the deadline for any opposition to the Motion to Compel Arbitration

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from November 24, 2015 to December 8, 2015, (2) extend the deadline for any response to

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Apple’s Petition for Order Compelling Arbitration and for Injunctive Relief Pending Arbitration

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from November 24, 2015 to December 8, 2015, (3) extend the deadline for any reply in support

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of the Motion to Compel Arbitration from December 1, 2015 to December 22, 2015, and (4)

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continue the hearing on the Motion to Compel Arbitration from December 17, 2015 to January

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14, 2016 (Dkt. 26);

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WHEREAS, this Court granted the parties’ joint stipulation to extend time without
revision (Dkt. 27);
WHEREAS, on December 14, 2015, counsel for Apple and Respondents met and

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conferred regarding Apple’s request for a stipulation to take jurisdictional discovery prior to

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filing an opposition to the Motion to Dismiss;

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1
JOINT STIP. TO EXTEND TIME RE MTCA & MTD

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

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WHEREAS, on December 15, 2015, Respondents rejected Apple’s request for such a

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stipulation and Apple instead moved this Court for such relief in its Administrative Motion to

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Extend Time for Briefing and Hearing and for Leave to Take Early Jurisdictional Discovery

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(Dkt. 37) (the “Administrative Motion For Discovery”);

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WHEREAS, Apple’s opposition to the Motion to Dismiss may now be due prior to the
Court’s ruling on the Administrative Motion For Discovery;
WHEREAS, on December 18, 2015, Respondents requested that Apple stipulate to an

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extension regarding Respondents’ deadline to appoint an arbitrator in the related ICC Arbitration

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that forms the basis for this proceeding, and Respondents agreed to extend Apple similar

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courtesy with respect to the deadlines in this matter;
Now therefore, and notwithstanding any additional extension of time that the Court may

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grant in response to the Administrative Motion For Discovery, the parties, through the

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undersigned counsel, hereby stipulate as follows:

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that the deadline for filing any reply in support of the Motion to Compel

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Arbitration be extended to January 4, 2016;

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that the deadline for filing any opposition to the Motion to Dismiss be extended to

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January 4, 2016;

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that the deadline for filing any reply in support of the Motion to Dismiss be

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extended to January 14, 2016;

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that the hearing on the Motion to Compel Arbitration and Motion to Dismiss be

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continued to January 28, 2016; and

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the foregoing dates shall be reset should the Court grant the Administrative

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Motion For Discovery and approve the proposed schedule set forth therein (Dkt.

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37).

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Pending the Court’s determination of the Administrative Motion for Discovery, the
parties’ proposed time modification would impact the deadlines in this case as follows:

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JOINT STIP. TO EXTEND TIME RE MTCA & MTD

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

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Deadline

Current Date

Requested
Date

Apple’s reply in support of the
Motion to Compel Arbitration

12/22/2015

01/04/2016

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Apple’s opposition to the Motion to
Dismiss

12/22/2015

01/04/2016

Limited’s Reply in support of the
Motion to Dismiss

12/29/2015

01/14/2016

Hearing on the Motion to Compel
Arbitration and Motion to Dismiss

01/14/2016

01/28/2016

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Dated: December 21, 2015

SIMPSON THACHER & BARTLETT LLP

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By: /s/ Harrison J. Frahn IV
Harrison J. Frahn IV

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Attorneys for Petitioner Apple Inc.

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SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP

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By: /s/ Lance A. Etcheverry
Lance A. Etcheverry

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Attorneys for Respondents BYD Company
Limited and BYD Precision Manufacturing Co.,
Ltd.

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

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JOINT STIP. TO EXTEND TIME RE MTCA & MTD

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

[PROPOSED] ORDER

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PURSUANT TO THE FOREGOING STIPULATION OF THE PARTIES, IT IS
ORDERED THAT:
1. the deadline for any reply in support of Apple’s Motion to Compel Arbitration and for

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Preliminary Injunction be extended from December 22, 2015 to January 4, 2016;

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2. the deadline for any opposition to Limited’s Motion to Dismiss for Lack of Personal

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Jurisdiction be extended from December 22, 2015 to January 4, 2016;
3. the deadline for any reply in support of Limited’s Motion to Dismiss for Lack of Personal
Jurisdiction be extended from December 29, 2015 to January 14, 2016; and

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4. the hearing on Apple’s Motion to Compel Arbitration and for Preliminary Injunction and

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Limited’s Motion to Dismiss for Lack of Personal Jurisdiction be continued from January

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14, 2016 to January 28, 2016.

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DATED: __________________, 2015
12/21

___________________________________
The Honorable Richard Seeborg
United States District Court Judge

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[PROPOSED] ORDER GRANTING JOINT STIP. TO EXTEND TIME RE MTCA & MTD

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