THX, Ltd. v. Apple, Inc.

Filing 345

ORDER by Judge Haywood S. Gilliam, Jr. Granting 344 Stipulation Requesting Modification to Scheduling Order. (ndrS, COURT STAFF) (Filed on 6/22/2017)

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Eric L. Wesenberg, Bar No. 139696
[e-mail]
Christopher L. Kelley, Bar No. 166608
[e-mail]
Kenneth J. Halpern, Bar No. 187663
[e-mail]
Victoria Q. Smith, Bar No. 236045
[e-mail]
Andrew N. Klein, Bar No. 300221
[e-mail]
PERKINS COIE LLP
3150 Porter Drive
Palo Alto, CA 94304-1212
Telephone: [phone]
Facsimile: 650.838.4350
Attorneys for Plaintiff
Slot Speaker Technologies, Inc.

Mark D. Selwyn, Bar No. 244180
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]
Nina S. Tallon (pro hac vice)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
1875 Pennsylvania Avenue, NW
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
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
REQUESTING MODIFICATION TO
SCHEDULING ORDER

APPLE INC.,
Defendant.

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Case No.: 4:13-cv-01161-HSG (DMR)

STIPULATION AND [PROPOSED] ORDER

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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, the Parties request modifications to the Scheduling Order (Dkt. 219) to allow

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a 2-week extension of time to serve expert reports in view of the range of issues to be addressed

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therein, and a corresponding extension of time to submit and to be heard on the Parties’

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dispositive motions;

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WHEREAS, the Parties’ requested modifications to the Scheduling Order do not affect
any dates specified in the Scheduling Order subsequent to the hearing date for dispositive
motions;
WHEREAS, the Parties have previously requested no other modifications to the

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Scheduling Order, except for their May 10, 2017 request regarding an extension of time to

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conduct certain depositions, which the Court granted (Dkt. 319, “Previous Order”);

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WHEREAS, SST contends that it cannot take the deposition of Apple’s 30(b)(6) witness

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on licensing (one of the depositions identified in the Previous Order) due to the ongoing

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discovery dispute related to Apple’s production of licenses (Dkts. 327, 341, and 342) and SST

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further contends that this deposition is necessary to the damages-related expert reports;

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WHEREAS, the Parties respectfully submit that there is good cause to modify the existing

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case schedule regarding the deadline for conducting expert discovery and dispositive motions, in

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view of the range of issues to be addressed in expert reports, and the corresponding additional

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time for dispositive motions needed after the proposed deadline to complete expert discovery;

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WHEREAS, a 2-week extension of time for dispositive motions would place the proposed
hearing date on Thanksgiving;
WHEREAS, the Parties therefore request that the hearing date for dispositive motions be

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extended by 4 weeks, which is still over 12 weeks before the scheduled Pretrial Conference on

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March 6, 2018 (more than the 6 weeks required under Your Honor’s Standing Order for Civil

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Cases); and

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Case No.: 4:13-cv-01161-HSG (DMR)

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STIPULATION AND [PROPOSED] ORDER

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WHEREAS, while the Parties prefer that deadlines for both expert reports and dispositive

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motions be extended but understand that extending the deadlines for dispositive motions requires

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a modification to the Court’s calendar.

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the Parties that
subject to the Court’s approval, the Scheduling Order is modified to one of the schedules below.

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SCHEDULE A (PREFERRED)
Event

Current Deadline

New Deadline

Initial Expert Reports

July 1, 2017

July 14, 2017

Rebuttal Expert Reports

August 1, 2017

August 14, 2017

Expert Discovery Deadline

September 1, 2017

September 15, 2017

Deadline to File Dispositive Motions

October 1, 2017

October 16, 2017

Dispositive Motion Hearing Date

November 9, 2017
at 2:00 pm

December 7, 2017
at 2:00 pm

Event

Deadline (unchanged)

Exchange of Evidence

February 5, 2018

Deadline to File Motions in Limine

February 12, 2018

Oppositions to Motions in Limine

February 19, 2018

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Joint Pretrial Statement and Proposed Order

February 19, 2018

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Proposed Jury Instructions

February 19, 2018

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Proposed Voir Dire Instructions

February 19, 2018

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Proposed Verdict Forms

February 19, 2018

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Proposed Statement of the Case

February 19, 2018

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Trial Briefs (Optional)

February 19, 2018

Pretrial Conference

March 6, 2018 at 3:00 p.m.

Jury Trial

March 19, 2018 at 8:30 am, 10 days

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Case No.: 4:13-cv-01161-HSG (DMR)

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STIPULATION AND [PROPOSED] ORDER

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SCHEDULE B
Event

Current Deadline

New Deadline

Initial Expert Reports

July 1, 2017

July 14, 2017

Rebuttal Expert Reports

August 1, 2017

August 14, 2017

Expert Discovery Deadline

September 1, 2017

September 8, 2017

Event

Deadline (unchanged)

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Deadline to File Dispositive Motions

October 1, 2017

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Dispositive Motion Hearing Date

November 9, 2017
at 2:00 pm

Exchange of Evidence

February 5, 2018

Deadline to File Motions in Limine

February 12, 2018

Oppositions to Motions in Limine

February 19, 2018

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Joint Pretrial Statement and Proposed Order

February 19, 2018

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Proposed Jury Instructions

February 19, 2018

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Proposed Voir Dire Instructions

February 19, 2018

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Proposed Verdict Forms

February 19, 2018

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Proposed Statement of the Case

February 19, 2018

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Trial Briefs (Optional)

February 19, 2018

Pretrial Conference

March 6, 2018 at 3:00 p.m.

Jury Trial

March 19, 2018 at 8:30 am, 10 days

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The Parties also respectfully request that the Court issue an order granting the relief
requested.

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Case No.: 4:13-cv-01161-HSG (DMR)

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STIPULATION AND [PROPOSED] ORDER

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DA
ATED: June 21, 2017
e

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B
By:
/s/ V
Victoria Smi
ith
Victoria Q. Smith, Bar N 236045
No.
PERKINS C
COIE LLP
3150 Porter Drive
r
Palo Alto, C 94304-1212
CA
Telephone: [phone]
4300
Facsimile: [phone]

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A
r
Attorney for Plaintiff
Slot Speaker Technolog
r
gies, Inc.

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DA
ATED: June 21, 2017
e

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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: [phone]
6000
Facsimile: [phone]
A
Attorney for Defendant Apple Inc.
r

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***

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PU
URSUANT TO STIPUL
LATION, th Schedulin Order (Dkt. 219) is m
he
ng
modified to S
Schedule B

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ab
bove. IT IS SO ORDER
RED.

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ated: June 22, 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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STIP
PULATION AN [PROPOSED] ORDER
ND

ATTESTATION OF E-FILED SIGNATURES

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I, Mark D. Selwyn, am the ECF user whose ID and password are being used to file this

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Stipulation and [Proposed] Order Requesting Modification to Scheduling Order. In compliance

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with Civil Local Rule 5-1(i)(3), I hereby attest that concurrence in this filing has been obtained

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from Nina S. Tallon and Victoria Smith.

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Dated: June 21, 2017
/s/ Mark D. Selwyn

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Case No.: 4:13-cv-01161-HSG (DMR)

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STIPULATION AND [PROPOSED] ORDER