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

Filing 783

ORDER by Judge Claudia Wilken Granting 775 Stipulation to change time to respond to re 766 MOTION for Summary Judgment Concerning Marking and Nominal Damages. (ndr, COURT STAFF) (Filed on 5/30/2013)

1 ROBBINS GELLER RUDMAN
& DOWD LLP
2 MICHAEL J. DOWD (135628), [e-mail]
655 West Broadway, Suite 1900
3 San Diego, California 92101
Telephone: [phone] / Facsimile: 619-231-7423
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JOHN K. GRANT (169813), [e-mail]
5 SHAWN A. WILLIAMS (213113), [e-mail]
Post Montgomery Center
6 One Montgomery Street, Suite 1800
San Francisco, California 94104
7 Telephone: [phone] / Facsimile: 415-288-4534
8 JOHN C. HERMAN (pro hac vice), [e-mail]
RYAN K. WALSH (pro hac vice), [e-mail]
9 PETER M. JONES (pro hac vice), [e-mail]
DAVID L. GANN (pro hac vice), [e-mail]
10 JESSICA M. KATTULA (pro hac vice), [e-mail]
3424 Peachtree Road, N.E.
11 Monarch Centre, Suite 1650
Atlanta, Georgia 30326
12 Telephone: [phone] / Facsimile: 404-504-6501
13 Attorneys for Plaintiff
U.S. Ethernet Innovations, LLC
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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U.S. Ethernet Innovations, LLC,
Plaintiff,

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vs.
Acer, Inc., et al.,
Defendants.

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Case No. 4:10-cv-03724-CW-LB
STIPULATED REQUEST FOR ORDER
CHANGING TIME TO RESPOND TO
DEFENDANTS’ AND INTERVENORS’
MOTION FOR PARTIAL SUMMARY
JUDGMENT REGARDING MARKING
AND NOMINAL DAMAGES
Judge:
Courtroom:

Hon. Claudia Wilken
2, 4th Floor

IT IS HEREBY STIPULATED AND AGREED, by and between the parties, through

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2 their respective counsel, and subject to the approval of the Court, as follows:
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Pursuant to the Court’s Order of April 18, 2013 (Dk. No. 734), Plaintiff U.S. Ethernet

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5 Innovations, LLC (“USEI”) is to respond to the Defendants’ and Intervenors’ Motion for Partial
6 Summary Judgment on Marking and Nominal Damages (“the Summary Judgment Motion”) on
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May 30, 2013, and Defendants’ and Intervenors’ are to submit their reply brief on June 6, 2013.

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The parties hereby jointly request that the Court extend each of those deadlines by ten (10) days,
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to June 10, 2013 (for USEI’s response), and to June 17, 2013 (for Defendants’ and Intervenors’

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WHEREAS, the parties are working diligently to complete discovery that USEI believes
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is necessary to respond to the Summary Judgment Motion. Among other things, this discovery

15 includes the depositions of two fact witnesses on matters at issue in the Summary Judgment
16 Motion.
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WHEREAS, due to scheduling constraints of both parties and fact witnesses, the parties

19 cannot depose those witnesses until after the current deadline for USEI’s response brief.
20 Therefore, the parties seek additional time to prepare their respective briefs.
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WHEREAS, the extensions requested herein will not affect any other date set by the

23 Court, including the hearing set for Thursday, June 27, 2013 regarding the Summary Judgment
24 Motion.
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STIPULATED REQUEST FOR ORDER CHANGING TIME TO RESPOND TO DEFENDANTS’ AND

28 INTERVENORS’ MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING MARKING AND
NOMINAL DAMAGES
Case No. 4:10-cv-3724-CW-LB

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Accordingly, the parties STIPULATE AND AGREE that the date for USEI’s response to the

2 Summary Judgment Motion be extended to June 10, 2013; and the date for Defendants and
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Intervenors to file their response to the Summary Judgment Motion be extended to June 17, 2013.

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5 DATED: May 28, 2013

ROBBINS GELLER RUDMAN
& DOWD LLP

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/s/ Jessica M. Kattula
JESSICA M. KATTULA

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JOHN C. HERMAN
RYAN K. WALSH
PETER M. JONES
DAVID L. GANN
JESSICA M. KATTULA
3424 Peachtree Road, N.E.
Monarch Centre, Suite 1650
Atlanta, Georgia 30326
Telephone: [phone]
Facsimile: 404-504-6501

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MICHAEL J. DOWD
655 West Broadway, Suite 1900
San Diego, California 92101
Telephone: [phone]
Facsimile: 619-231-7423

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JOHN K. GRANT
SHAWN A. WILLIAMS
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, California 94104
Telephone: [phone]
Facsimile: 415-288-4534

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Attorneys for U.S. Ethernet Innovations, LLC

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STIPULATED REQUEST FOR ORDER CHANGING TIME TO RESPOND TO DEFENDANTS’ AND

28 INTERVENORS’ MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING MARKING AND
NOMINAL DAMAGES
Case No. 4:10-cv-3724-CW-LB

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Filer’s Attestation: Pursuant to General Order N. 45, § X(B), I attest that concurrence in the

2 filing of this document has been obtained from all relevant parties.
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Dated: May 28, 2013.

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______/s/ Jessica M. Kattula___________
JESSICA M. KATTULA

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PURSUANT TO STIPULATION, IT IS SO ORDERED that the date for USEI’s response
to the Summary Judgment Motion is extended to June 6, 2013; and the date for Defendants and

13 Intervenors to file their response to the Summary Judgment Motion is extended to June 13, 2013.
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Dated: 5/30/2013

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____________________________________
Hon. Claudia Wilken, United States Chief
District Court Judge

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STIPULATED REQUEST FOR ORDER CHANGING TIME TO RESPOND TO DEFENDANTS’ AND

28 INTERVENORS’ MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING MARKING AND
NOMINAL DAMAGES
Case No. 4:10-cv-3724-CW-LB

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