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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ZIONS BANCORPORATION,

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Plaintiff,
v.

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U.S. ETHERNET INNOVATIONS, LLC,

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Defendant.

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________________________________/

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United States District Court
For the Northern District of California

No. C 10-3481 CW

U.S. ETHERNET INNOVATIONS, LLC,

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Plaintiff,

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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

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U.S. ETHERNET INNOVATIONS, LLC,

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Plaintiff,

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United States District Court
For the Northern District of California

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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.

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________________________________/
U.S. ETHERNET INNOVATIONS, LLC,

No. C 13-2262 CW

Plaintiff,

ORDER APPOINTING
TECHNICAL ADVISOR

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No. C 10-5254 CW

v.
NETGEAR, INC.
Defendant.
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AND ALL RELATED CLAIMS,
COUNTERCLAIMS AND THIRD-PARTY
CLAIMS
________________________________/
The Court previously issued two orders apprising the parties

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of its intent to appoint a Technical Advisor, Kwan Chan.

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orders, the Court directed parties who wished to object to the

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appointment to file an objection with Magistrate Judge Beeler by

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particular deadlines.

The deadlines have now passed and

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In the

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Magistrate Judge Beeler has notified the Court that no objections

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were received.

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Accordingly, the Court appoints Mr. Chan as a Technical
Advisor for these related cases under the following terms:
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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

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a formal written report on technical advice concerning the case, a

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copy of the formal written report prepared by Mr. Chan shall be

United States District Court
For the Northern District of California

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provided to the parties.

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have informal written and verbal communications with Mr. Chan,

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including written summaries and explanations of his advice to the

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Court, which are not included in any formal reports.

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attend all case-related court proceedings.

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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

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findings of fact and will not supply any evidence to the Court.

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Thus, Mr. Chan will be outside the purview of “expert witnesses”

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under Fed. R. Evid. 706.

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depositions and questioning of expert witnesses will be

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inapplicable to Mr. Chan.

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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

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on a per capita basis, payable in advance.

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appointment, a trust account was established to cover the

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anticipated fees and costs, which may still have funds.
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During his initial

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Within fifteen days of his re-appointment, Mr. Chan shall

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report to the Court on the state of his fees and expenses and make

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a recommendation to the Court as to whether the trust account

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needs additional deposits from the parties, including any new

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parties who have not yet made an initial contribution to the

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account.

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Mr. Chan shall issue statements to the parties and draw from

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the trust account every fifteen (15) days for his performance of

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the appointment.

When needed, he shall advise the Court if the

United States District Court
For the Northern District of California

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trust account needs additional deposits from the parties as the

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case progresses.

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hour.

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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

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shall file a declaration that he will adhere to the terms of his

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appointment.

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The Clerk shall immediately add Mr. Chan to the docket.

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IT IS SO ORDERED.

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Dated: 7/8/2013

CLAUDIA WILKEN
United States District Judge

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