Affinity Labs of Texas, LLC v. Apple, Inc.

Filing 258

ORDER REGARDING 239 , 243 STIPULATIONS FOR ADDITIONAL BRIEFING AND RESETTING HEARING DATE. 196 Motion Hearing set for 7/14/2011 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 6/20/2011. (ndr, COURT STAFF) (Filed on 6/20/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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AFFINITY LABS OF TEXAS, LLC., a
Texas Limited Liability Company,

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ORDER REGARDING
STIPULATIONS FOR
ADDITIONAL
BRIEFING AND
RESETTING HEARING
DATE
(Docket No. 239 &
243)

Plaintiff,

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No. C 09-04436 CW

v.
APPLE INC., a California
Corporation,,
Defendant and
Counterclaim-Plaintiff.
________________________________/

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The Court is willing to accept the parties' stipulations

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regarding briefing related to Apple's Motion to Strike the

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Supplemental Expert Report of Joseph C. McAlexander III and Dr.

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Kelly's deposition testimony.

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Docket Nos. 239 & 243.

However, this briefing schedule does not give the Court

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sufficient time to prepare for a June 23, 2011 hearing.

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30, 2011 calendar is overfilled, and the Court is unavailable on

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July 7, 2011.

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at 2:00 pm.

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can propose a different date.

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the Court may be unable to enter an order after a July 14, 2011

The June

Accordingly, the hearing is reset for July 14, 2011

If that date is inconveniently scheduled the parties
The parties should note also that

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hearing before the August 5, 2011 date for pretrial conference

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preparation.

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pretrial conference and trial dates.

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This could in turn lead to difficulty with the

Apple's Reply Brief filed on June 9, 2011 exceeds the page

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limits set forth in this Court's May 12, 2011 Order and violates

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Civil Local Rule 7-3(c), which requires that any evidentiary

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objections be contained within the reply brief.

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with this Court's orders and Local Rules will lead this Court to

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strike noncompliant briefing.

United States District Court
For the Northern District of California

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Failure to comply

IT IS SO ORDERED.

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Dated: 6/20/2011

CLAUDIA WILKEN
United States District Judge

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