TransPerfect Global, Inc. et al v. MotionPoint Corporation

Filing 276

ORDER by Judge Claudia Wilken Granting 275 Stipulation MODIFYING PRETRIAL AND TRIAL SCHEDULE. (ndr, COURT STAFF) (Filed on 4/16/2013)

1 DOUGLAS E. LUMISH (Bar No. 183863)
[e-mail]
 JEFFREY G. HOMRIG (Bar No. 215890)
[e-mail]
 GABRIEL S. GROSS (Bar No. 254672)
[e-mail]
 JOSEPH H. LEE (Bar No. 248046)
[e-mail]
 L. OKEY ONYEJEKWE JR. (Bar No. 250354)
[e-mail]
 JOSEPH B. SHEAR (Bar No. 262222)
[e-mail]
 KASOWITZ, BENSON, TORRES &
FRIEDMAN LLP
 333 Twin Dolphin Drive, Suite 200
Redwood Shores, California 94065
 Tel: [phone]; Fax: [phone]
 MICHAEL EISENBERG (pro hac vice)
[e-mail]
 STEVEN D. CHIN (pro hac vice)
[e-mail]
 STEFAN R. STOYANOV (pro hac vice)
[e-mail]
 ROBERT P. WATKINS III (pro hac vice)
[e-mail]
 KASOWITZ, BENSON, TORRES &
FRIEDMAN LLP
 1633 Broadway
New York, New York 10019
 Tel: [phone]; Fax: [phone]

CHARLES K. VERHOEVEN (CA Bar No.
170151)
[e-mail]
AMY H. CANDIDO (CA Bar No. 237829)
[e-mail]
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, CA 94111-4624
T: 415.875.6600
F: 415.875.6700
ROBERT W. STONE (CA Bar No. 163513)
[e-mail]
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
T: 650.801.5000
F: 650.801.5100
MATTHEW D. ROBSON (pro hac vice)
[e-mail]
GREGORY C. WYCKOFF (pro hac vice)
[e-mail]
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
T: 212.849.7000

Attorneys for Defendant/Counterclaim-Plaintiff
MotionPoint Corporation
 Attorneys for Plaintiffs/Counterclaim
Defendants TransPerfect Global, Inc.,
 TransPerfect Translations International, Inc.,
and Translations.com, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

 TRANSPERFECT GLOBAL, INC.,
TRANSPERFECT TRANSLATIONS
 INTERNATIONAL, INC., AND
TRANSLATIONS.COM, INC.,

Plaintiffs/Counterclaim-Defendants,

vs.

MOTIONPOINT CORPORATION,

Defendant/Counterclaim-Plaintiff.

STIPULATION AND [PROPOSED] ORDER
MODIFYING PRETRIAL AND TRIAL SCHEDULE

CASE NO. CV 10-02590 CW (JCS)
STIPULATION AND [PROPOSED]
ORDER MODIFYING PRETRIAL AND
TRIAL SCHEDULE

Case No. CV 10-02590 CW (JCS)

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Plaintiffs and Counter-Claim Defendants TransPerfect Global, Inc., TransPerfect

2 Translations International, Inc., and Translations.com, Inc. (together, "TransPerfect"), and
3 Defendant and Counter-Claim Plaintiff MotionPoint Corporation ("MotionPoint"), by and through
4 their counsel below, hereby jointly submit this stipulation and proposal to modify the pretrial and
5 trial schedule.
6

WHEREAS, the Court in its September 19, 2012 Case Management Order (a) set the final

7 pretrial conference for Wednesday, May 29, 2013, with corresponding deadlines in advance
8 thereof for the exchange and submission of pretrial disclosures and other pretrial materials;
9 (b) ordered the parties to participate in private mediation by Wednesday, April 10, 2013 (or as
10 soon thereafter as is convenient to the mediator's schedule); and (c) set the case for a 10-day jury
11 trial beginning June 10, 2012 (see Order, Dkt. 223);
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WHEREAS, the Court has advised the parties “to go to private mediation after this [claim

13 construction and summary judgment] order comes out” (Hrg. Tr., Dkt. 267 at 53:17-18), which
14 order the Court has not yet issued;
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WHEREAS, the Court has informed the parties that the trial start date may be moved from

16 June 10, 2013 to June 24, 2013 (Id. at 55:10-11 (“… I may not be able to try it on that date [June
17 10] …. we might be able to start on the 24th, which is a day you were planning on being in trial
18 anyway ….”); Dkt. 266);
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WHEREAS, the parties have met and conferred regarding scheduling of mediation and

20 other pretrial deadlines in light of the anticipated move of the trial start date to June 24, 2013;
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NOW, THEREFORE, in anticipation of the Court moving the trial start two weeks later to

22 June 24, 2013, the parties hereby STIPULATE AND AGREE (a) to moving the final pretrial
23 conference two weeks later to June 12, 2013, (b) to scheduling private mediation to occur within
24 30 days after the Court issues its claim construction and summary judgment order, and (c) to
25 beginning trial on June 24, 2013. Accordingly, the parties propose and respectfully request that
26 the Court enter an order adopting the following changes to the schedule in this action:
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STIPULATION AND [PROPOSED] ORDER
MODIFYING PRETRIAL AND TRIAL SCHEDULE

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Case No. CV 10-02590 CW (JCS)

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ADR Cutoff

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Current Deadline
Wednesday, April 10, 2013
(or as soon thereafter as is
convenient to the mediator's
schedule)

Proposed Deadline
Within 30 days of the
Court's issuance of a claim
construction and summary
judgment order

2:00 P.M. on Wednesday,
May 29, 2013
8:30 A.M. on June 10, 2013

2:00 P.M. on Wednesday,
June 12, 2013
8:30 A.M. on June 24, 2013

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Final Pretrial Conference

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Jury Trial to Begin

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The parties also respectfully request that trial in this matter be held on July 2 and July 3, as

8 the Court suggested at the Markman hearing. (Mar. 14, 2013 Hearing Tr. at 55:25-56:2.)1 The
9 parties are working to streamline the issues in dispute for trial. Depending upon the result of those
10 efforts and this Court's pre-trial rulings, a shorter trial than the allocated 10 days may be possible.
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The parties understand that July 1, 2013 is a furlough day.

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STIPULATION AND [PROPOSED] ORDER
MODIFYING PRETRIAL AND TRIAL SCHEDULE

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Case No. CV 10-02590 CW (JCS)

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IT IS SO STIPULATED.



 KASOWITZ, BENSON, TORRES &
FRIEDMAN LLP









/s/ L. Okey Onyejekwe Jr.
Douglas E. Lumish
Jeffrey G. Homrig
Gabriel S. Gross
Joseph H. Lee
Lawrence Okey Onyejekwe Jr.
Joseph B. Shear
Michael Eisenberg (pro hac vice)
Steven D. Chin (pro hac vice)
Stefan R. Stoyanov (pro hac vice)
Robert P. Watkins, III (pro hac vice)

QUINN EMANUEL URQUHART &
SULLIVAN LLP
/s/ Matthew Robson
Charles K. Verhoeven
Amy H. Candido
Robert W. Stone
Meghan E. Bordonaro
Matthew Robson (pro hac vice)
Gregory C. Wyckoff (pro hac vice)
Attorneys for Defendant/Counterclaim Plaintiff
MotionPoint Corporation

 Attorneys for Plaintiffs/Counterclaim
Defendants TransPerfect Global, Inc.,

TransPerfect Translations International, Inc.,
 and Translations.com, Inc.

I hereby attest pursuant to Civil Local Rule 5-1(i) that concurrence in the electronic filing
 of this document has been obtained from the other signatories.

/s/ L. Okey Onyejekwe Jr.
L. Okey Onyejekwe Jr.











STIPULATION AND [PROPOSED] ORDER
MODIFYING PRETRIAL AND TRIAL SCHEDULE

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Case No. CV 10-02590 CW (JCS)

[PROPOSED] ORDER

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Pursuant to the parties’ stipulation, the final pretrial conference is continued from May 29,
3
2013 to June 5, 2013. The trial is continued from June 10, 2013 to June 24, 2013 and will include
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trial days on both July 2 and July 3, 2013. The ADR cutoff of April 10, 2013 is hereby
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VACATED. The parties are directed to meet with a private mediator within twenty-one days of
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the Court’s claim construction and summary judgment order.
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IT IS SO ORDERED.

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DATED: April ___, 2013

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Hon. Claudia Wilken
United States District Judge

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STIPULATION AND [PROPOSED] ORDER
MODIFYING PRETRIAL AND TRIAL SCHEDULE

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Case No. CV 10-02590 CW (JCS)