Affinity Labs of Texas, LLC v. Nike, Inc. et al

Filing 139

ORDER GRANTING 137 Stipulation to Continue Case Deadlines Regarding Defendant Nike, Inc. Signed by Judge Claudia Wilken on 8/25/2011. (ndr, COURT STAFF) (Filed on 8/25/2011) Modified on 8/26/2011 (cp, COURT STAFF).

1 Richard L. Seabolt, Esq. (SBN 67469)
DUANE MORRIS LLP
2 Spear Tower
3 One Market Plaza, Suite 2200
San Francisco, CA 94105-1127
4 Telephone: [phone]
Facsimile: 415.957.3001
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L. Norwood Jameson (admitted pro hac vice)
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Matthew C. Gaudet (admitted pro hac vice)
7 DUANE MORRIS LLP
Atlantic Center Plaza
8 1180 West Peachtree Street N.W., Suite 700
Atlanta, GA 30309-3448
9 Telephone: [phone]
Facsimile: 404.581.5951
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11 E-Mail: [e-mail]
E-Mail: [e-mail]
12 E-Mail: [e-mail]
13 Attorneys for Plaintiff Affinity Labs of Texas,
LLC
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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

19 AFFINITY LABS OF TEXAS, LLC,
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Case No.: 4:10-cv-05543-CW

Plaintiff,
v.

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NIKE, INC. AND APPLE INC.,

STIPULATION TO CONTINUE CASE
DEADLINES REGARDING
DEFENDANT NIKE, INC. AND
[PROPOSED] ORDER

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Defendants.

Judge: Hon. Claudia Wilken

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IT IS HEREBY STIPULATED by and between Plaintiff Affinity Labs of Texas, LLC

27 (“Affinity”) and Defendant NIKE, Inc. (“NIKE”) as follows:
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WHEREAS, on August 24, 2011, Affinity and Defendant Apple Inc. (“Apple”) filed a

2 stipulation to continue the deadlines for Apple’s Patent L.R. 3-3 and Patent L.R. 3-4 disclosures in
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this litigation because Affinity and Apple have been working to reach a settlement that would

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include claims against or by Apple in this litigation and Case No. CV 09-4436-CW; (see D.E. 136);
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WHEREAS, Affinity and NIKE agree that the Defendants in this litigation, Apple and NIKE,

7 should have the same deadlines for Patent L.R. 3-3 and Patent L.R. 3-4 disclosures;
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NOW, THEREFORE, IT IS HEREBY STIPULATED BY AND BETWEEN AFFINITY

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APPROVAL OF THE COURT, AS FOLLOWS:
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The date for serving Patent L.R. 3-3 invalidity contentions currently due on August

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26, 2011 will be continued to September 23, 2011 for NIKE;
2.

The date for serving documents as required by Patent L.R. 3-4 currently due on

15 August 29, 2011 will be continued to September 26, 2011 for NIKE; and
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3.

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These changes will not affect any other deadlines before the Court.

All other deadlines will remain unchanged.

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Dated: August 25, 2011

RICHARD L. SEABOLT
L. NORWOOD JAMESON
MATTHEW C. GAUDET

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DUANE MORRIS LLP

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By: /s/ Matthew C. Gaudet
Matthew C. Gaudet

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Attorneys for Plaintiff AFFINITY LABS OF
TEXAS, LLC

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STIPULATION TO CONTINUE CASE DEADLINES REGARDING DEFENDANT
NIKE, INC. AND [PROPOSED] ORDER
4:10-cv-05543-CW

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Pursuant to General Order No. 45 X(B), I hereby attest that concurrence in the filing of this

2 document has been obtained from Michael J. Harris.
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4 Dated: August 25, 2011

RICHARD L. SEABOLT
L. NORWOOD JAMESON
MATTHEW C. GAUDET
DUANE MORRIS LLP

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By: /s/ Matthew C. Gaudet
Matthew C. Gaudet

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Attorneys for Plaintiff AFFINITY LABS OF
TEXAS, LLC

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10 Dated: August 25, 2011

HEIDI KEEFE
JEFFREY T. NORBERG
COOLEY LLP

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CHRISTOPHER J. RENK
ERIK S. MAURER
MICHAEL J. HARRIS
AUDRA EIDEM HEINZE
BANNER & WITCOFF, LTD.

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By: /s/ Michael J. Harris
Michael J. Harris

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Attorneys for Defendant NIKE, INC.

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20 PURSUANT TO STIPULATION, IT IS SO ORDERED,
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22 Dated:______________
8/25/2011
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_______________________________________
Honorable Claudia Wilken
United States District Judge

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STIPULATION TO CONTINUE CASE DEADLINES REGARDING DEFENDANT
NIKE, INC. AND [PROPOSED] ORDER
4:10-cv-05543-CW