Zions Bancorporation v. U.S. Ethernet Innovations LLC

Filing 166

ORDER APPOINTING TECHNICAL ADVISOR. Signed by Judge Claudia Wilken on 7/8/2013. (ndr, COURT STAFF) (Filed on 7/8/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 ZIONS BANCORPORATION, 5 6 Plaintiff, v. 7 U.S. ETHERNET INNOVATIONS, LLC, 8 Defendant. 9 ________________________________/ 10 United States District Court For the Northern District of California No. C 10-3481 CW U.S. ETHERNET INNOVATIONS, LLC, 11 Plaintiff, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. ACER, INC.; ACER AMERICA CORPORATION; APPLE, INC.; ASUS COMPUTER INTERNATIONAL; ASUSTEK COMPUTER, INC.; DELL, INC.; FUJITSU, LTD.; FUJITSU AMERICA, INC.; GATEWAY, INC.; HEWLETT PACKARD CO.; SONY CORPORATION; SONY CORPORATION OF AMERICA; SONY ELECTRONICS INC.; TOSHIBA CORPORATION; TOSHIBA AMERICA, INC.; and TOSHIBA AMERICA INFORMATION SYSTEMS, INC., Defendants, INTEL CORPORATION; NVIDIA CORPORATION; MARVELL SEMICONDUCTOR, INC.; ATHEROS COMMUNICATIONS, INC.; and BROADCOM CORPORATION, Intervenors. ________________________________/ No. C 10-3724 CW 1 U.S. ETHERNET INNOVATIONS, LLC, 2 Plaintiff, 3 4 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 v. AT&T MOBILITY LLC; BARNES & NOBLE, INC.; CLAIRE’S BOUTIQUES, INC.; J. C. PENNEY COMPANY, INC.; SALLY BEAUTY HOLDINGS, INC.; ANN TAYLOR STORES CORPORATION; ANN TAYLOR RETAIL, INC.; HARLEYDAVIDSON, INC.; HARLEY-DAVIDSON MOTOR COMPANY, INC.; KIRKLAND’S INC.; KIRKLAND’S STORES, INC.; MACY’S, INC.; MACY’S RETAIL HOLDINGS, INC.; MACY’S WEST STORES, INC.; NEW YORK & COMPANY, INC.; LERNER NEW YORK, INC.; RADIOSHACK CORPORATION; RENT-ACENTER, INC.; and THE DRESS BARN, INC., Defendants. 13 14 15 ________________________________/ U.S. ETHERNET INNOVATIONS, LLC, No. C 13-2262 CW Plaintiff, ORDER APPOINTING TECHNICAL ADVISOR 16 17 18 19 20 21 22 23 No. C 10-5254 CW v. NETGEAR, INC. Defendant. ________________________________/ AND ALL RELATED CLAIMS, COUNTERCLAIMS AND THIRD-PARTY CLAIMS ________________________________/ The Court previously issued two orders apprising the parties 24 of its intent to appoint a Technical Advisor, Kwan Chan. 25 orders, the Court directed parties who wished to object to the 26 appointment to file an objection with Magistrate Judge Beeler by 27 particular deadlines. The deadlines have now passed and 28 2 In the 1 Magistrate Judge Beeler has notified the Court that no objections 2 were received. 3 4 5 6 7 Accordingly, the Court appoints Mr. Chan as a Technical Advisor for these related cases under the following terms: 1. Any advice provided to the Court by Mr. Chan will not be based on any extra-record information. 2. To the extent that the Court may ask Mr. Chan to provide 8 a formal written report on technical advice concerning the case, a 9 copy of the formal written report prepared by Mr. Chan shall be United States District Court For the Northern District of California 10 provided to the parties. 11 have informal written and verbal communications with Mr. Chan, 12 including written summaries and explanations of his advice to the 13 Court, which are not included in any formal reports. 14 attend all case-related court proceedings. 15 16 17 3. However, the Court reserves the right to Mr. Chan may Mr. Chan may review any pleadings, motions or documents submitted to the Court. 4. As a Technical Advisor, Mr. Chan will make no written 18 findings of fact and will not supply any evidence to the Court. 19 Thus, Mr. Chan will be outside the purview of “expert witnesses” 20 under Fed. R. Evid. 706. 21 depositions and questioning of expert witnesses will be 22 inapplicable to Mr. Chan. 23 24 25 5. As such, the provisions in Rule 706 for See Reilly, 863 F.2d at 155-56. Mr. Chan will have no contact with any of the parties or their counsel except for billing purposes. 6. Each party shall bear the cost of the Technical Advisor 26 on a per capita basis, payable in advance. 27 appointment, a trust account was established to cover the 28 anticipated fees and costs, which may still have funds. 3 During his initial 1 Within fifteen days of his re-appointment, Mr. Chan shall 2 report to the Court on the state of his fees and expenses and make 3 a recommendation to the Court as to whether the trust account 4 needs additional deposits from the parties, including any new 5 parties who have not yet made an initial contribution to the 6 account. 7 Mr. Chan shall issue statements to the parties and draw from 8 the trust account every fifteen (15) days for his performance of 9 the appointment. When needed, he shall advise the Court if the United States District Court For the Northern District of California 10 trust account needs additional deposits from the parties as the 11 case progresses. 12 hour. 13 14 15 Mr. Chan will bill at the rate of $450.00 per All matters pertaining to fees of Mr. Chan are referred to the discovery Magistrate Judge. 7. Within one week of the date of this Order, Mr. Chan 16 shall file a declaration that he will adhere to the terms of his 17 appointment. 18 The Clerk shall immediately add Mr. Chan to the docket. 19 IT IS SO ORDERED. 20 21 22 Dated: 7/8/2013 CLAUDIA WILKEN United States District Judge 23 24 25 26 27 28 4

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