U.S. Ethernet Innovations, LLC v. Acer, Inc. et al

Filing 1153

ORDER SETTING SUMMARY JUDGMENT BRIEFING SCHEDULE in 4:10-cv-03724-CW: Responses/Cross Motions due by 7/15/2014; Replies due by 7/31/2014; Reply due by 8/7/2014. Signed by Judge Claudia Wilken on 7/10/2014. (ndr, COURT STAFF) (Filed on 7/10/2014)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 U.S. ETHERNET INNOVATIONS, LLC, No. C 10-3724 CW 5 Plaintiff, ORDER SETTING SUMMARY JUDGMENT BRIEFING SCHEDULE 6 7 v. ACER, INC., et al., (Docket Nos. 1140, 1143, 1147, 1151, 1152) 8 Defendants. 9 ATHEROS COMMUNICATIONS, INC., et al., United States District Court For the Northern District of California 10 Intervenors. 11 12 13 ________________________________/ U.S. ETHERNET INNOVATIONS, LLC, Plaintiff, 14 15 16 17 No. C 10-5254 CW v. AT&T MOBILITY, LLC, et al., Defendants, ________________________________/ 18 19 In this consolidated patent infringement case, after 20 Plaintiff U.S. Ethernet Innovations, LLC (USEI) filed its twenty- 21 five page summary judgment brief, Defendants and Intervenors 22 (collectively, Defendants) moved for an extension of the page 23 limit for their joint opposition and cross motion to one hundred 24 pages. USEI opposed, arguing that an extension on such short 25 26 notice would be prejudicial. The Court ordered the parties to 27 meet and confer regarding a revised briefing schedule. The 28 parties could not agree and, on July 9, 2014, submitted competing 1 2 proposals for revising the briefing schedule. See Docket Nos. 1151, 1152. 3 Defendants propose that they be permitted to file a seventy- 4 five page joint opposition and cross motion by July 17, 2014. 5 USEI would file an opposition and reply not exceeding seventy-five 6 pages by August 7, 2014. Defendants would then file their reply 7 by August 14, 2014. The hearing would be held on August 28, 2014 8 9 at 2:00 PM. The Court finds USEI’s proposal to be the more reasonable of United States District Court For the Northern District of California 10 11 the two. 12 Defendants’ opening brief, USEI will not introduce any new 13 affirmative arguments and offers to maintain the current hearing 14 15 date. In exchange for a twenty-five page limit extension on Accordingly, the Court adopts as modified USEI’s proposal. On July 15, 2014,1 Defendants shall file their opposition and 16 17 joint cross motion brief not exceeding fifty pages. On July 31, 18 2014, USEI shall file their opposition and reply brief, which 19 shall not exceed fifty pages. 20 file their reply brief not exceeding twenty-five pages. 21 hearing shall be held on August 14, 2014 at 2:00 PM. 22 On August 7, 2014, Defendants shall The The parties are reminded that they should meet and confer 23 before filing even administrative motions, including the one filed 24 25 26 27 28 1 USEI proposes that Defendants file their brief by today, July 10, 2014. Because Defendants request at least two days to reorganize their brief to comply with any changed requirements, see Docket No. 1147, the Court instead permits Defendants to file their brief by July 15, 2014. 2 1 by Defendants to change the briefing schedule. The meet and 2 confer process can facilitate a compromise that would obviate the 3 need for adversary proceedings on relatively minute matters. 4 Electronic notification of the court filing should not be the 5 first instance that opposing counsel hears of the dispute. 6 IT IS SO ORDERED. 7 8 Dated: 7/10/2014 CLAUDIA WILKEN United States District Judge 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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