UAB "Planner5D" v. Facebook, Inc. et al

Filing 212

STIPULATION AND ORDER TO ADJUST CASE SCHEDULE granting (211 Stipulation in 3:19-cv-03132-WHO). Close of Fact Discovery: 11/18/2022. Signed by Judge William H. Orrick on 11/16/2022. (jmd, COURT STAFF) (Filed on 11/16/2022)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

THE BUSINESS LITIGATION
GROUP, P.C.
MARC N. BERNSTEIN (SBN 145837)
[e-mail]
WILL B. FITTON (SBN 182818)
[e-mail]
150 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415.283.4804

JENNER & BLOCK LLP
ANDREW H. BART (pro hac vice)
[e-mail]
JACOB L. TRACER (pro hac vice)
[e-mail]
Attorneys for Plaintiff UAB “Planner5D”
CAYMAN C. MITCHELL (pro hac vice)
d/b/a Planner 5D
[e-mail]
1155 Avenue of the Americas
KIRKLAND & ELLIS LLP
DALE M. CENDALI (Cal. Bar No. 1969070) New York, NY 10036
Phone: [phone]
[e-mail]
JOHANNA SCHMITT (pro hac vice)
Attorneys for Defendant The Trustees of
[e-mail]
Princeton University
ABBEY GAUGER (pro hac vice)
[e-mail]
AARON SCHROEDER (pro hac vice)
[e-mail]
601 Lexington Avenue
New York, NY 10022
Phone: [phone]
Attorneys for Defendants Meta Platforms, Inc.
and Facebook Technologies, LLC

18

UNITED STATES DISTRICT COURT

19

NORTHERN DISTRICT OF CALIFORNIA

20
21
22
23
24
25
26
27
28

JENNER & BLOCK LLP
DAVID R. SINGER (Cal. Bar No. 204699)
[e-mail]
633 West 5th Street, Suite 3600
Los Angeles, CA 90071
Phone: [phone]

SAN FRANCISCO DIVISION
UAB “PLANNER5D” dba PLANNER 5D,
Plaintiff,
v.
META PLATFORMS, INC., FACEBOOK
TECHNOLOGIES, LLC, THE TRUSTEES
OF PRINCETON UNIVERSITY, DOES 1200, ABC CORPORATIONS 1-20, and XYZ
UNIVERSITIES 1-20.

Case Nos. 3:19-cv-03132-WHO
3:20-cv-02198-WHO
3:20-cv-08261-WHO
The Honorable William H. Orrick
STIPULATION AND ORDER TO
ADJUST CASE SCHEDULE

Defendants.

Stipulation & Proposed Order to Adjust Case Schedule

Case No. 3:19-cv-03132-WHO

1

Pursuant to Civil L.R. 6-1, 6-2, and 7-12 it is hereby stipulated by and between Plaintiff

2

UAB “Planner 5D” d/b/a Planner 5D (“Plaintiff”), Defendants Meta Platforms, Inc. and

3

Facebook Technologies, LLC and Defendant The Trustees of Princeton University

4

(collectively, “Defendants”), through their respective attorneys, that:

5
6

WHEREAS, on June 22, 2022, the Court granted the parties’ Stipulation and Proposed
Order re Bifurcation and Case Schedule (Dkt. No. 182);

7

WHEREAS, on August 24, 2022, the Court granted the parties’ Stipulation and

8

Proposed Order to Adjust Case Schedule, extending the deadline slightly to complete fact

9

depositions in light of scheduling conflicts (Dkt. No. 206);

10

WHEREAS, between August 30, 2022 and September 23, 2022, Plaintiff produced

11

additional documents and supplemented written discovery responses, and indicated the

12

documents and information were discovered during the course of Phase 1 fact witness

13

deposition preparations and depositions, and the parties agreed to adjourn the remaining Phase

14

1 fact depositions to provide time for Defendants to analyze the materials;

15

WHEREAS, during Phase 1 fact depositions, disputes arose as to Plaintiff’s 30(b)(6)

16

deposition testimony, including whether Plaintiff’s 30(b)(6) designee was adequately prepared

17

on two topics;

18

WHEREAS, Plaintiff agreed to produce a witness for a supplemental deposition on

19

those two topics, but “requested additional guidance from Defendants” regarding the two topics

20

on which Plaintiff’s 30(b)(6) witness must prepare to testify (Dkt. No. 208);

21

WHEREAS, in an Order dated September 12, 2022, which was docketed on September

22

15, 2022, Magistrate Judge Kim ruled that “Defendants are not required to provide further

23

guidance regarding their topics, as the notice adequately describes the areas” of examination

24

(Dkt. No. 209);

25

WHEREAS, in light of Plaintiff’s supplemental document productions and discovery

26

responses, Defendants served an Amended Notice of 30(b)(6) Deposition on Plaintiff with one

27

additional topic;

28

1
Stipulation & Proposed Order to Adjust Case Schedule

Case No. 3:19-cv-03132-WHO

1

WHEREAS, in light of Plaintiff’s supplemental document productions and discovery

2

responses, Defendants will proffer an additional expert witness to opine about the nature of

3

Planner 5D’s asserted copyrighted works;

4

WHEREAS, the parties have worked in good faith and successfully resolved a number

5

of subsequent discovery disputes arising from the aforementioned events, including about the

6

scope and timing of further testimony by Plaintiff’s Rule 30(b)(6) designees and the scope of

7

Phase 1 expert discovery, and agree to extend certain deadlines relevant to Phase 1 discovery;

8

NOW, THEREFORE IT IS STIPULATED AND AGREED THAT, subject to the

9

approval of the Court, the following deadlines shall apply to Phase 1 discovery:

10
11

Event

12

The parties shall complete Phase 1 fact
witness depositions.

August 31, 2022

November 18, 2022

Service of movants’ expert reports, if
any, in support of Phase 1 summary
judgment motion.

September 9, 2022

November 23, 2022
(Trade Secret)

Service of rebuttal expert reports, if
any.

October 7, 2022

13
14
15
16
17

Current Date

December 9, 2022
(Copyright)

20
21
22

December 23, 2022
(Trade Secret)
January 6, 2023
(Copyright)

18
19

Proposed Date

The parties shall complete expert
depositions, if any.

October 28, 2022

January 27, 2023

Summary judgment motions due
regarding Phase 1 issues (maximum of
one motion per side).

November 18, 2022

February 17, 2023

23

IT IS FURTHER STIPULATED AND AGREED THAT all matters set forth in the

24

parties’ Stipulation and Proposed Order re Bifurcation and Case Schedule (Dkt. No. 182), which

25

are not expressly addressed by this Stipulation, remain in full force and effect.

26
27
28

IT IS SO STIPULATED, through Counsel of Record.
2
Stipulation & Proposed Order to Adjust Case Schedule

Case No. 3:19-cv-03132-WHO

1
2

DATED: November 14, 2022

THE BUSINESS LITIGATION GROUP, P.C.
/s/ Marc N. Bernstein
Marc N. Bernstein

3
4

_

Attorneys for Plaintiff
UAB “PLANNER 5D”

5
6
7

DATED: November 14, 2022

JENNER & BLOCK LLP

8
/s/ Andrew H. Bart
Andrew H. Bart

9
10

Attorneys for Defendant
THE TRUSTEE OF PRINCETON
UNIVERSITY

11
12
13

_

DATED: November 14, 2022

KIRKLAND & ELLIS LLP

14
15
16
17
18

/s/ Dale M. Cendali
Dale M. Cendali

_

Attorneys for Defendants
META PLATFORMS, INC. and FACEBOOK
TECHNOLOGIES, LLC

19
20
21
22
23
24
25
26
27
28

3
Stipulation & Proposed Order to Adjust Case Schedule

Case No. 3:19-cv-03132-WHO

1

IT IS SO ORDERED.

2
3

November 16
DATED: _______________,
2022

______________________________________

4

HON. WILLIAM H. ORRICK

5

United States District Judge

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Proposed Order

1

Case No. 3:19-cv-03132-WHO

1
2

ATTESTATION PURSUANT TO CIVL L.R. 5-1(i)(3)
I, Andrew H. Bart, am the ECF user whose ID and password are being used to file this

3

Stipulation and [Proposed] Order to Adjust the Case Schedule. In compliance with Local

4

Rule 5-1(i)(3), I hereby attest that concurrence in the filing of this document has been

5

obtained from all signatories.

6
7

DATED: November 14, 2022

By:

/s/ Andrew H. Bart
Andrew H. Bart

8

_

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Attestation

1

Case No. 3:19-cv-03132-WHO