Apple Computer, Inc. v. Podfitness, Inc.

Filing 108

ORDER Setting Hearing on Motion 103 Motion for Partial Summary Judgment : Motion Hearing set for 6/3/2008 at 01:00 PM. Signed by Judge ARMSTRONG on 3/19/08. (lrc, COURT STAFF) (Filed on 3/20/2008) Modified on 3/21/2008 (jlm, COURT STAFF).

Apple Computer, Inc. v. Podfitness, Inc.

Doc. 108

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David J. Miclean (#115098/[e-mail]) FISH & RICHARDSON P.C. 500 Arguello Street, Suite 500 Redwood City, California 94063 Telephone: [phone] Facsimile: [phone] Lisa M. Martens (#195824/[e-mail]) Andrew M. Abrams (#229698/[e-mail]) FISH & RICHARDSON P.C. 12390 El Camino Real San Diego, California 92130 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff and Counterclaim Defendant APPLE INC.

James M. Wagstaffe Kerr & Wagstaffe LLP 100 Spear Street, Suite 1800 San Francisco, CA 94105-1528 Telephone: [phone] Facsimile: [phone] James E. Magleby Jason A. McNeill Magleby & Greenwood, P.C. 170 South Main Street, Suite 350 Salt Lake City, UT 84101-3606 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants and Counterclaim Plaintiff Podfitness, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (OAKLAND DIVISION) APPLE INC., Plaintiff, v. PODFITNESS, INC., and DOES 1-100, inclusive, Defendants. PODFITNESS, INC., Counterclaim Plaintiff v. APPLE INC., Counterclaim Defendant Case No. C 06-5805 SBA STIPULATION AND ORDER SETTING BRIEFING SCHEDULE AND CONTINUING HEARING DATE Honorable Saundra B. Armstrong

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STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND CONTINUING HEARING DATE Case No. C 06-5805 SBA

Dockets.Justia.com

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WHEREAS Defendant and Counterclaim Plaintiff Podfitness, Inc. ("Podfitness") filed its Partial Motion for Summary Judgment on February 22, 2008 for a hearing on April 8, 2008, and Plaintiff and Counterclaim Defendant Apple Inc.'s ("Apple") opposition would be due on March 18, 2008; AND WHEREAS the parties have produced supplemental discovery documents and desire additional time to review such documents and prepare their respective opposition and reply papers; IT IS HEREBY STIPULATED by and between the parties, through their counsel of record, that the briefing and hearing schedule on Podfitness' Partial Motion for Summary Judgment will be as follows: · · · Apple's Opposition papers shall be served and filed on April 28, 2008; Podfitness' Reply papers shall be served and filed on May 13, 2008; and The parties request that Podfitness' Partial Motion for Summary Judgment be heard on May 27, 2008, if that date would be available and acceptable to the Court. Based on the foregoing, the parties respectfully request that the Court grant the parties stipulated request. Dated: March 20, 2008 FISH & RICHARDSON P.C.

By: /s/ Lisa M. Martens Lisa M. Martens Attorneys for Plaintiff and Counterclaim Defendant APPLE INC.

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STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND CONTINUING HEARING DATE Case No. C 06-5805 SBA

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Dated: March 20, 2008

MAGLEBY & GREENWOOD, P.C. By: /s/ James E. Magleby James E. Magleby Attorneys for Defendants and Counterclaim Plaintiff PODFITNESS, INC. DECLARATION OF CONSENT

Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of this document has been obtained from James E. Magleby. Dated: March 20, 2008 FISH & RICHARDSON P.C.

By: /s/ Lisa M. Martens Lisa M. Martens Attorneys for Plaintiff and Counterclaim Defendant APPLE INC.

IT IS HEREBY ORDERED: The motion hearing date is continued to June 3, 2008, at 1:00 p.m. Dated: 3/19/08 United States District Judge

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STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND CONTINUING HEARING DATE Case No. C 06-5805 SBA

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ELECTRONIC MAIL: X

PROOF OF SERVICE I am employed in the County of San Diego. My business address is Fish & Richardson P.C., 12390 El Camino Real, San Diego, California 92130. I am over the age of 18 and not a party to the foregoing action. I am readily familiar with the business practice at my place of business for collection and processing of correspondence for personal delivery, for mailing with United States Postal Service, for facsimile, and for overnight delivery by Federal Express, Express Mail, or other overnight service. On March 20, 2008, I caused a copy of the following document(s): STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND CONTINUING HEARING DATE to be served on the interested parties in this action by placing a true and correct copy thereof, enclosed in a sealed envelope, and addressed as follows: James M. Wagstaffe Kerr & Wagstaffe LLP 100 Spear Street, Suite 1800 San Francisco, CA 94105-1528 Telephone: [phone] Facsimile: [phone] James E. Magleby Jason A. McNeill Magleby & Greenwood, P.C. 170 South Main Street, Suite 350 Salt Lake City, UT 84101-3606 Telephone: [phone] Facsimile: [phone] MAIL: Attorneys For Defendant PODFITNESS, INC.

Attorneys For Defendant PODFITNESS, INC.

Such correspondence was deposited, postage fully paid, with the United States Postal Service on the same day in the ordinary course of business. Such document was transmitted by electronic mail to the addressees' email addresses as stated above.

I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. I declare under penalty of perjury that the above is true and correct. Executed on March 20, 2008, at San Diego, California. /s/Nicole C. Pino Nicole C. Pino

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STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND CONTINUING HEARING DATE Case No. C 06-5805 SBA