GoPro, Inc. v. C&A Marketing, Inc. et al

Filing 57

STIPULATION AND ORDER re 55 STIPULATION WITH PROPOSED ORDER re 54 MOTION to Strike Declaration of Alan C. Bovik - Stipulation to Set an Earlier Hearing Date filed by GoPro, Inc. Signed by Judge Jon S. Tigar on May 24, 2017. (wsn, COURT STAFF) (Filed on 5/24/2017)

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1 2 3 4 5 6 7 KILPATRICK TOWNSEND & STOCKTON LLP STEVEN D. MOORE (Bar No. 290875) smoore@kilpatricktownsend.com MEHRNAZ BOROUMAND SMITH (Bar No. 197271) mboroumand@kilpatricktownsend.com DARIUS C. SAMEROTTE (Bar No. 296252) dsamerotte@kilpatricktownsend.com Two Embarcadero Center, Suite 1900 San Francisco, CA 94111 Telephone: 415 576 0200 Facsimile: 415 576 0300 Attorneys for Plaintiff GOPRO, INC. 8 9 10 11 12 13 MORRISON & FOERSTER LLP MICHAEL A. JACOBS (CA SBN 111664) MJacobs@mofo.com NATHAN B. SABRI (CA SBN 252216) NSabri@mofo.com ESTHER KIM CHANG (CA SBN 258024) EChang@mofo.com 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 14 15 Attorneys for Defendants C&A Marketing, Inc.; C&A Licensing, LLC; and PLR IP Holdings, LLC 16 UNITED STATES DISTRICT COURT 17 FOR THE NORTHERN DISTRICT OF CALIFORNIA 18 SAN FRANCISCO DIVISION 19 GOPRO, INC. Case No. 3:16-cv-03590-JST 20 Plaintiff, 21 v. 22 23 24 25 C&A MARKETING, INC., C&A LICENSING, LLC, AND PLR IP HOLDINGS, LLC, Defendants. Complaint Filed: 26 27 STIPULATION AND [PROPOSED] ORDER TO SET AN EARLIER HEARING DATE ON PLAINTIFF’S MOTION TO STRIKE THE DECLARATION OF ALAN C. BOVIK IN SUPPORT OF DEFENDANTS’ RESPONSIVE CLAIM CONSTRUCTION BRIEF (DKT. NO. 54) June 27, 2016 AND RELATED COUNTERCLAIMS 28 STIPULATION TO SET AN EARLIER HEARING DATE ON PLAINTIFF’S MOTION TO STRIKE Case No. 3:16-cv-03590-JST This Stipulation is entered into by Plaintiff GoPro, Inc. (“GoPro”) and Defendants C&A 1 2 Marketing, Inc.; C&A Licensing, LLC; and PLR IP Holdings, LLC (“Defendants”), subject to 3 approval of the Court. WHEREAS, on May 19, 2017, GoPro moved to strike the Declaration of Alan C. Bovik 4 5 in Support of Defendants’ Responsive Claim Construction Brief (Dkt No. 54) (“Motion to 6 Strike); WHEREAS, the Motion to Strike concerns the Declaration of Alan C. Bovik in Support of 7 8 Defendants’ Responsive Claim Construction Brief (Dkt. No. 48-2) that Defendants filed with 9 their Responsive Claim Construction Brief (Dkt No. 48) on May 12, 2017; WHEREAS, the claim construction tutorial is scheduled for May 30, 2017 at 2:00 p.m., 10 11 and the claim construction hearing is scheduled for June 12, 2017 at 1:30 p.m.; WHEREAS, the Motion to Strike is currently scheduled to be heard on June 29, 2017 (the 12 13 soonest available hearing under the local rules and court calendar), with opposition briefs due 14 June 2, 2017 and reply briefs due June 9, 2017; WHEREAS, good cause exists to set an earlier hearing schedule, as the parties would 15 16 benefit from the Court’s guidance in advance of the scheduled claim construction hearing, as the 17 declaration directly relates to the claim construction record on which the parties will base their 18 arguments at the claim construction hearing, and as the parties will already be before the Court 19 prior to the hearing for the tutorial; 20 IT IS HEREBY STIPULATED AND AGREED: 21 1. 22 The time by which Defendants may file an opposition to the Motion to Strike is shortened from June 2, 2017 to May 26, 2017; 23 2. GoPro waives its right to file a reply brief; 24 3. Good cause having been shown, the Parties request that the Court set a hearing 25 date of May 30, 2017 at 2:00 p.m. to coincide with the already scheduled claim construction 26 tutorial. 27 /// 28 /// STIPULATION TO SET AN EARLIER HEARING DATE ON PLAINTIFF’S MOTION TO STRIKE Case No. 3:16-cv-03590-JST -1- 1 Dated: May 19, 2017 Dated: May 19, 2017 KILPATRICK TOWNSEND & STOCKTON LLP MORRISON & FOERSTER LLP /s/ Mehrnaz Boroumand Smith MEHRNAZ BOROUMAND SMITH /s/ Nathan B. Sabri NATHAN B. SABRI Attorneys for Plaintiff GoPro, Inc. Attorneys for Defendants C&A Marketing, Inc.; C&A Licensing, LLC; and PLR IP Holdings, LLC 2 3 4 5 6 7 8 ATTESTATION OF E-FILED SIGNATURE 9 10 I, Mehrnaz Boroumand Smith, am the ECF User whose ID and password are being used to 11 file this STIPULATION AND [PROPOSED] ORDER TO SET AN EARLIER HEARING 12 DATE ON PLAINTIFF’S MOTION TO STRIKE THE DECLARATION OF ALAN C. 13 BOVIK IN SUPPORT OF DEFENDANTS’ RESPONSIVE CLAIM CONSTRUCTION 14 BRIEF (DKT NO. 54). In compliance with Local Rule 5-1(i)(3), I hereby attest that Nathan B. 15 Sabri has concurred in this filing. 16 17 Dated: May 19, 2017 /s/ Mehrnaz Boroumand Smith Mehrnaz Boroumand Smith 18 19 20 PURSUANT TO STIPULATION, IT IS SO ORDERED. 21 22 23 Dated: May 24, 2017 Honorable Jon S. Tigar United States District Judge 24 25 26 27 28 69381838V.1 STIPULATION TO SET AN EARLIER HEARING DATE ON PLAINTIFF’S MOTION TO STRIKE Case No. 3:16-cv-03590-JST -2-

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