THX, Ltd. v. Apple, Inc.
Filing
374
ORDER by Judge Haywood S. Gilliam, Jr. DENYING 373 ADMINISTRATIVE MOTION TO POSTPONE BRIEFING. (ndrS, COURT STAFF) (Filed on 10/4/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SLOT SPEAKER TECHNOLOGIES, INC.,
Plaintiff,
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v.
ORDER DENYING ADMINISTRATIVE
MOTION TO POSTPONE BRIEFING
Re: Dkt. No. 373
APPLE, INC.,
Defendant.
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United States District Court
Northern District of California
Case No. 13-cv-01161-HSG
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On October 1 and October 2, 2017, Defendant Apple, Inc. filed a motion for summary
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judgment as well as four Daubert motions to exclude the opinions of four of Plaintiff Slot Speaker
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Technologies, Inc.’s experts. See Dkt. Nos. 356, 361, 367, 369, 371. Defendant noticed all these
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motions for hearing on November 9, 2017. Id. The next day, in response, Plaintiff filed an
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administrative motion to postpone briefing and consideration of Defendant’s Daubert motions
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until the Court’s consideration of the parties’ motions in limine at the pretrial conference. See
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Dkt. No. 373.
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This delay, however, is inconsistent with the Court’s Pretrial and Trial Standing Order,
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which states that “[t]he parties must frontload all evidentiary and legal disputes to the extent
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possible.” And insofar as Plaintiff suggests that Daubert motions should be brought as motions in
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limine, the Court’s standing order explicitly states that “[m]otions in limine cannot be used
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to . . . raise Daubert challenges unless the Court has specifically granted prior approval.”
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Plaintiff’s motion is therefore DENIED. The Court is not compelled to address pending motions
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at Plaintiff’s convenience. If Plaintiff needs additional time to adequately respond to Defendant’s
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motion for summary judgment and Daubert motions, Plaintiff should meet and confer with
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Defendant and file a stipulated briefing schedule and proposed order for the Court to review. In
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any such meet and confer discussion, Defendant must be reasonable in agreeing to an appropriate
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proposed schedule in light of the nature and complexity of the motions.
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IT IS SO ORDERED.
Dated: 10/4/2017
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge
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United States District Court
Northern District of California
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