THX, Ltd. v. Apple, Inc.

Filing 319

ORDER by Judge Haywood S. Gilliam, Jr. Granting 317 Stipulation Regarding Extension of Time to Conduct Depositions. (ndrS, COURT STAFF) (Filed on 5/12/2017)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 Eric L. Wesenberg, Bar No. 139696 EWesenberg@perkinscoie.com Christopher L. Kelley, Bar No. 166608 CKelley@perkinscoie.com Kenneth J. Halpern, Bar No. 187663 KHalpern@perkinscoie.com Victoria Q. Smith, Bar No. 236045 VSmith@perkinscoie.com Andrew N. Klein, Bar No. 300221 AKlein@perkinscoie.com PERKINS COIE LLP 3150 Porter Drive Palo Alto, CA 94304-1212 Telephone: 650.838.4300 Facsimile: 650.838.4350 Attorneys for Plaintiff Slot Speaker Technologies, Inc. Mark D. Selwyn, Bar No. 244180 Mark.Selwyn@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road Palo Alto, CA 94304 Telephone: (650) 858-6000 Facsimile: (650) 858-6100 Nina S. Tallon (pro hac vice) Nina.Tallon@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 1875 Pennsylvania Avenue, NW Washington, DC 20006 Telephone: (202) 663-6000 Facsimile: (202) 663-6363 Attorneys for Defendant Apple Inc. 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 OAKLAND DIVISION 15 16 SLOT SPEAKER TECHNOLOGIES, INC., 17 18 19 20 Plaintiff, v. Case No. 4:13-cv-01161-HSG (DMR) STIPULATION AND ORDER REGARDING EXTENSION OF TIME TO CONDUCT DEPOSITIONS APPLE INC., Defendant. 21 22 23 24 25 26 27 28 Case No.: 4:13-cv-01161-HSG (DMR) STIPULATION AND [PROPOSED] ORDER REGARDING DEPOSITIONS 1 Pursuant to L.R. 6-2, IT IS HEREBY STIPULATED, by and between Plaintiff Slot 2 Speaker Technologies, Inc. (“SST”) and Defendant Apple Inc. (“Apple”) (collectively, the 3 “Parties”), by and through their counsel of record, as follows: 4 5 6 7 WHEREAS, on November 30, 2016, the Court entered a Scheduling Order setting May 1, 2017 as the close of fact discovery (Dkt. 219, “Scheduling Order”); WHEREAS, the Parties have not requested any modifications to the Scheduling Order prior to this date; 8 WHEREAS, the Parties have made a good faith effort to complete fact discovery by May 9 1, 2017 but, due to scheduling difficulties and other issues, have been unable to complete certain 10 11 12 13 party and non-party depositions within the fact discovery period; WHEREAS, the Parties (and third parties) have been able to agree upon certain deposition dates following May 1, 2017, and are working to secure the remaining dates; WHEREAS, in light of the foregoing, the Parties, by and through their designated counsel, 14 hereby submit this joint stipulated motion for leave to take the depositions identified below after 15 the close of fact discovery; 16 17 Deposition Proposed Date Michael Morishita (third party) May 12, 2017 Scott Porter (third party) May 16, 2017 20 Craig Buckley (third party) On a date mutually agreeable to Apple, Mr. Buckley, and his counsel 21 Apple’s designee concerning Topic 12 in SST’s First Notice of Deposition of Apple Pursuant to Fed. R. Civ. P. 30(b)(6) On a date mutually agreeable to Apple, SST, and the deponent SST’s designee, in accordance with Magistrate Judge Ryu’s March 23, 2017 ruling, for Apple’s Second Rule 30(b)(6) Notice of Deposition On a date mutually agreeable to Apple, SST, and the deponent 18 19 22 23 24 25 26 27 28 Case No.: 4:13-cv-01161-HSG (DMR) -2- STIPULATION AND [PROPOSED] ORDER REGARDING DEPOSITIONS 1 WHEREAS, the Parties acknowledge that an Order granting the Parties’ request to take 2 certain depositions out of time will have no bearing on SST’s, Apple’s, or any third party’s right 3 to object to a deposition, except to the extent the objection is to the deposition having been taken 4 after the close of discovery (as to this last objection, it is mutually waived by both SST and 5 Apple); 6 7 WHEREAS, permitting these depositions after the close of fact discovery would not require adjustment of any other deadlines in this case; 8 9 WHEREAS, the Parties respectfully submit that there is good cause to modify the existing case schedule regarding the deadline for the close of fact discovery as proposed, as it will allow 10 the Parties to complete the requested fact depositions (all of which were sought prior to the 11 current close of fact discovery) prior to the deadline for initial expert reports; 12 NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the Parties that 13 the depositions of Michael Morishita, Scott Porter, Craig Buckley, Apple’s Rule 30(b)(6) 14 designee concerning Topic 12 of SST’s First Notice of Deposition of Apple, and SST’s Rule 15 30(b)(6) designee concerning Apple’s Second Notice of Deposition of SST in accordance with 16 Magistrate Judge Ryu’s March 23, 2017 ruling will take place on the dates listed above or a 17 mutually agreeable date after the close of fact discovery. 18 The Parties also respectfully request that the Court issue an order granting the relief 19 requested. 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 Case No.: 4:13-cv-01161-HSG (DMR) -3- STIPULATION AND [PROPOSED] ORDER REGARDING DEPOSITIONS 1 2 DA ATED: May 10, 2017 y 3 4 5 B By: /s/ E L. Wese Eric enberg Eric L. Wes senberg, Bar No. 139696 r 6 PERKINS C COIE LLP 3150 Porter Drive r Palo Alto, C 94304-1212 CA Telephone: (650) 838-4 4300 Facsimile: (650) 838-4350 6 A r Attorney for Plaintiff Slot Speaker Technolog r gies, Inc. 7 8 DA ATED: May 10, 2017 y 9 10 11 12 13 By: /s/ N B Nina S. Tallo on Nina S. Tall (pro hac vice) lon c Nina.Tallo on@wilmerh hale.com WILMER CU UTLER PICKER RING HALE AND DORR LLP D 1875 Pennsy ylvania Avenue, NW Washington DC 20006 n, 6 Telephone: (202) 663-6 6000 Facsimile: (202) 663-6363 A Attorney for Defendant Apple Inc. r 14 15 16 17 *** PU URSUANT TO STIPUL LATION, IT IS SO OR I RDERED. 18 19 20 ated: May 12, 2017 1 Da 21 __________ _ ___________ __________ _______ Hon. Haywood S Gilliam, Jr . S. r. Unite States District Judge ed 22 23 24 25 26 27 28 Case No.: 4:13C -cv-01161-HSG (DMR) G -4 4- STIP PULATION AN [PROPOSED] ORDER ND REG GARDING DE EPOSITIONS ATTESTATION OF E-FILED SIGNATURES 1 2 I, Christine C. Capuyan, am the ECF user whose ID and password are being used to file 3 this Stipulation and [Proposed] Order Regarding Extension of Time to Conduct Depositions. In 4 compliance with Civil Local Rule 5-1(i)(3), I hereby attest that concurrence in this filing has been 5 obtained from Nina S. Tallon and Eric L. Wesenberg. 6 7 Dated: May 10, 2017 /s/ Christine C. Capuyan 8 Christine C. Capuyan 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No.: 4:13-cv-01161-HSG (DMR) -5- STIPULATION AND [PROPOSED] ORDER REGARDING DEPOSITIONS

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?