Apple Computer, Inc. v. Podfitness, Inc.

Filing 92

NOTICE of Withdrawal re 88 Motion to Quash by Apple Computer, Inc. (Martens, Lisa) (Filed on 12/19/2007) Modified on 12/20/2007 (jlm, COURT STAFF).

Apple Computer, Inc. v. Podfitness, Inc.

Doc. 92

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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. 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 APPLE INC.'S NOTICE OF WITHDRAWAL OF ITS MOTION TO QUASH PODFITNESS' NOTICE OF DEPOSITION UNDER RULE 30(b)(6) Honorable Joseph C. Spero

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APPLE INC.'S NOTICE OF WITHDRAWAL OF ITS MOTION TO QUASH PODFITNESS' NOTICE OF DEPOSITION UNDER RULE 30(b)(6) Case No. C 06-5805 SBA

Dockets.Justia.com

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT in light of the parties' stipulated request for an order extending all discovery and pretrial deadlines in this case, Apple Inc. hereby withdraws the following motion: Motion To Quash Podfitness' Notice Of Deposition Under Rule 30(b)(6), and supporting pleadings. Dated: December 19, 2007 FISH & RICHARDSON P.C.

By: /s/ Lisa M. Martens/ Lisa M. Martens Attorneys for Plaintiff APPLE INC.
10796602.doc

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APPLE INC.' S NOTICE OF WITHDRAWAL OF ITS MOTION TO QUASH PODFITNESS' NOTICE OF DEPOSITION UNDER RULE 30(b)(6) Case No. C 06-5805 SBA

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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 December 19, 2007, I caused a copy of the following document(s): APPLE INC.'S NOTICE OF WITHDRAWAL OF ITS MOTION TO QUASH PODFITNESS' NOTICE OF DEPOSITION UNDER RULE 30(b)(6) 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 December 19, 2007, at San Diego, California. /s/Nicole C. Pino Nicole C. Pino

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APPLE INC.' S NOTICE OF WITHDRAWAL OF ITS MOTION TO QUASH PODFITNESS' NOTICE OF DEPOSITION UNDER RULE 30(b)(6) Case No. C 06-5805 SBA