Openwave Messaging, Inc. v. Open-Xchange, Inc.

Filing 83

ORDER granting 82 STIPULATION. Close of Fact Discovery: 7/28/2017. Case Management Statement due by 10/3/2017. Case Management Conference set for 10/10/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Dispositive Motions to be heard by 11/6/2017. Pretrial Conference set for 2/12/2018 02:00 PM and Jury Trial set for 3/5/2018 08:30 AM, both in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 05/30/2017. (jmdS, COURT STAFF) (Filed on 5/30/2017)

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1 2 3 4 5 6 7 8 9 10 LAW AT MOUNTAI N VI EW 12 ATTO RNEY S F ENWICK & W ES T LLP 11 13 RODGER R. COLE (CSB No. 178865) rcole@fenwick.com SAPNA MEHTA (CSB No. 288238) smehta@fenwick.com FENWICK & WEST LLP Silicon Valley Center 801 California Street Mountain View, CA 94041 Telephone: (650) 988-8500 Facsimile: (650) 938-5200 JENNIFER L. KELLY (CSB No. 193416) jkelly@fenwick.com TODD R. GREGORIAN (CSB No. 236096) tgregorian@fenwick.com MATTHEW B. BECKER (CSB No. 291865) mbecker@fenwick.com FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: (415) 875-2300 Facsimile: (415) 281-1350 Attorneys for Defendant and Counterclaimant OPEN-XCHANGE, INC. 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN FRANCISCO DIVISION 17 18 19 OPENWAVE MESSAGING, INC., a Delaware corporation, Plaintiff and Counterclaimdefendant, 20 21 22 23 24 Case No.: 3:16-cv-00253-WHO STIPULATION RE: REVISED SCHEDULE v. OPEN-XCHANGE, INC., a Delaware corporation, Defendant and Counterclaimant. 25 26 27 28 STIPULATION RE: REVISED SCHEDULE CASE NO.: 3:16-cv-00253-WHO 1 WHEREAS, Openwave Messaging, Inc. (“Openwave”) and Open-Xchange, Inc. (“OX”) 2 (collectively, “the Parties”) have recently been made aware that the Court may be unavailable for 3 the original trial date scheduled for Nov. 6, 2017; 4 5 6 WHEREAS, the Parties desire certainty regarding the trial date due to the need to arrange witness travel schedules from Europe; WHEREAS, the Parties have scheduled a mediation before Judge Ryu on June 26, 2017 at 7 11am at the United States District Court, Northern District of California, 1301 Clay St., Oakland, 8 CA 94612. 9 WHEREAS, the Parties desire to move certain discovery deadlines to correlate with the date scheduled for mediation before Judge Ryu so as to reduce costs and the need for repeated 11 travel to the Bay Area by foreign witnesses; LAW AT MOUNTAI N VI EW 12 ATTO RNEY S F ENWICK & W ES T LLP 10 13 14 15 WHEREAS, the Court has suggested that the Parties stipulate to a trial date in early 2018 if they were not amenable to reassignment to a Magistrate Judge for trial; THEREFORE, the Parties hereby stipulate to a trial date and propose related modifications to the schedule as follows: 16 17 TASK DEADLINE NEW DEADLINE 18 Last date to amend/add parties Date passed w/o amendment Date passed w/o amendment Last day to serve written discovery by mail or other means May 19, 2017 June 10, 2017 Last day to serve May 24, 2017 written discovery electronically or by hand June 15, 2017 Fact discovery cutoff July 28, 2017 19 20 21 22 23 24 25 26 27 June 23, 2017 NOTES 28 STIPULATION RE: REVISED SCHEDULE 1 CASE NO.: 3:16-CV-00253-WHO 1 2 3 4 5 6 7 8 9 10 LAW AT MOUNTAI N VI EW 12 ATTO RNEY S F ENWICK & W ES T LLP 11 13 14 15 16 17 18 19 20 21 22 23 24 25 Last day to file motion to compel fact discovery June 30, 2017 (per Civ. L.R. 37-3) August 4, 2017 (per Civ. L.R. 37-3) Expert disclosure July 14, 2017 August 25, 2017 Expert rebuttal August 4, 2017 September 22, 2017 Expert discovery cutoff August 25, 2017 October 13, 2017 Deadline for dispositive motions to be heard August 14, 2017 November 6, 2017 September 15, 2017 January 17, 2018 Last court day to exchange exhibits and other trial material, briefs on significant disputed issues of law, statements designating excerpts from depositions, interrogatory answers and responses to requests for admission to be offered at trial other than for impeachment or rebuttal, requested voir dire questions, jury instructions and form of verdict, and motions in limine. ~3 months before trial based on the Court’s request at the Initial CMC. 26 27 28 STIPULATION RE: REVISED SCHEDULE 2 CASE NO.: 3:16-cv-00253-WHO 1 2 3 4 5 6 7 8 9 10 LAW AT MOUNTAI N VI EW 12 ATTO RNEY S F ENWICK & W ES T LLP 11 Last court day to September 18, meet and confer re preparation of joint 2017 pretrial conference statement, preparation and exchange of pretrial materials. Deadline for filing motions in limine, jury instructions, joint pretrial conference statement, and proposed questions for voir dire September 25, 2017 January 29, 2018 Pretrial conference October 9, 2017; 2:00 p.m. February 12, 2018; 2:00 p.m. Jury trial November 6, 2017 March 12, 2018 13 14 15 January 22, 2018 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION RE: REVISED SCHEDULE 3 CASE NO.: 3:16-cv-00253-WHO Respectfully submitted, 1 2 Dated: May 22, 2017 FENWICK & WEST LLP 3 4 By: /s/ Todd R. Gregorian Todd R. Gregorian 5 Attorneys for Defendant OPEN-XCHANGE, INC. 6 7 8 Dated: May 22, 2017 9 By: /s/ David M. Lisi David M. Lisi 10 Attorneys for Plaintiff OPENWAVE MESSAGING, INC. LAW AT MOUNTAI N VI EW 12 ATTO RNEY S F ENWICK & W ES T LLP 11 13 14 15 16 PILLSBURY WINTHROP SHAW PITTMAN LLP Pursuant to Civil Local Rule 5-1(i)(3), I attest that all signatories concur in the filing of this stipulation. Dated: May 22, 2017 FENWICK & WEST LLP 17 18 By: /s/ Todd R. Gregorian Todd R. Gregorian 19 Attorneys for Defendant OPEN-XCHANGE, INC. 20 21 22 PURSUANT TO STIPULATION, IT IS SO ORDERED as modified below: 23 The trial date is set for March 5, 2018. The viability of this trial date will be discussed Case Management Conference set for October10, 2017 at 2:00 p.m. 24 25 26 Dated: May 30, 2017 ____________________________ The Honorable William H. Orrick United States District Judge 27 28 STIPULATION RE: REVISED SCHEDULE 4 CASE NO.: 3:16-cv-00253-WHO

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