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)
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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.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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SLOT SPEAKER TECHNOLOGIES, INC.,
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Plaintiff,
v.
Case No. 4:13-cv-01161-HSG (DMR)
STIPULATION AND ORDER
REGARDING EXTENSION OF TIME TO
CONDUCT DEPOSITIONS
APPLE INC.,
Defendant.
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Case No.: 4:13-cv-01161-HSG (DMR)
STIPULATION AND [PROPOSED] ORDER
REGARDING DEPOSITIONS
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Pursuant to L.R. 6-2, IT IS HEREBY STIPULATED, by and between Plaintiff Slot
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Speaker Technologies, Inc. (“SST”) and Defendant Apple Inc. (“Apple”) (collectively, the
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“Parties”), by and through their counsel of record, as follows:
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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;
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WHEREAS, the Parties have made a good faith effort to complete fact discovery by May
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1, 2017 but, due to scheduling difficulties and other issues, have been unable to complete certain
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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,
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hereby submit this joint stipulated motion for leave to take the depositions identified below after
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the close of fact discovery;
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Deposition
Proposed Date
Michael Morishita (third party)
May 12, 2017
Scott Porter (third party)
May 16, 2017
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Craig Buckley (third party)
On a date mutually agreeable to Apple,
Mr. Buckley, and his counsel
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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
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Case No.: 4:13-cv-01161-HSG (DMR)
-2-
STIPULATION AND [PROPOSED] ORDER
REGARDING DEPOSITIONS
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WHEREAS, the Parties acknowledge that an Order granting the Parties’ request to take
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certain depositions out of time will have no bearing on SST’s, Apple’s, or any third party’s right
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to object to a deposition, except to the extent the objection is to the deposition having been taken
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after the close of discovery (as to this last objection, it is mutually waived by both SST and
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Apple);
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WHEREAS, permitting these depositions after the close of fact discovery would not
require adjustment of any other deadlines in this case;
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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
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the Parties to complete the requested fact depositions (all of which were sought prior to the
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current close of fact discovery) prior to the deadline for initial expert reports;
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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the Parties that
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the depositions of Michael Morishita, Scott Porter, Craig Buckley, Apple’s Rule 30(b)(6)
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designee concerning Topic 12 of SST’s First Notice of Deposition of Apple, and SST’s Rule
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30(b)(6) designee concerning Apple’s Second Notice of Deposition of SST in accordance with
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Magistrate Judge Ryu’s March 23, 2017 ruling will take place on the dates listed above or a
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mutually agreeable date after the close of fact discovery.
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The Parties also respectfully request that the Court issue an order granting the relief
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requested.
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Case No.: 4:13-cv-01161-HSG (DMR)
-3-
STIPULATION AND [PROPOSED] ORDER
REGARDING DEPOSITIONS
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DA
ATED: May 10, 2017
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B
By:
/s/ E L. Wese
Eric
enberg
Eric L. Wes
senberg, Bar No. 139696
r
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PERKINS C
COIE LLP
3150 Porter Drive
r
Palo Alto, C 94304-1212
CA
Telephone: (650) 838-4
4300
Facsimile: (650) 838-4350
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A
r
Attorney for Plaintiff
Slot Speaker Technolog
r
gies, Inc.
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DA
ATED: May 10, 2017
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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,
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Telephone: (202) 663-6
6000
Facsimile: (202) 663-6363
A
Attorney for Defendant Apple Inc.
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***
PU
URSUANT TO STIPUL
LATION, IT IS SO OR
I
RDERED.
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ated: May 12, 2017
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Da
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__________
_
___________
__________
_______
Hon. Haywood S Gilliam, Jr
.
S.
r.
Unite States District Judge
ed
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Case No.: 4:13C
-cv-01161-HSG (DMR)
G
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4-
STIP
PULATION AN [PROPOSED] ORDER
ND
REG
GARDING DE
EPOSITIONS
ATTESTATION OF E-FILED SIGNATURES
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I, Christine C. Capuyan, am the ECF user whose ID and password are being used to file
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this Stipulation and [Proposed] Order Regarding Extension of Time to Conduct Depositions. In
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compliance with Civil Local Rule 5-1(i)(3), I hereby attest that concurrence in this filing has been
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obtained from Nina S. Tallon and Eric L. Wesenberg.
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Dated: May 10, 2017
/s/ Christine C. Capuyan
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Christine C. Capuyan
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Case No.: 4:13-cv-01161-HSG (DMR)
-5-
STIPULATION AND [PROPOSED] ORDER
REGARDING DEPOSITIONS
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