THX, Ltd. v. Apple, Inc.
Filing
456
ORDER by Judge Haywood S. Gilliam, Jr. Granting 455 Stipulation Requesting Modification to Briefing Schedule for Motions in Limine. Motions due by 2/13/2018; Responses due by 2/23/2018. (ndrS, COURT STAFF) (Filed on 2/7/2018)
1
2
3
4
5
6
7
8
9
10
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
Eric L. Wesenberg, Bar No. 139696
EWesenberg@perkinscoie.com
Christopher L. Kelley, Bar No. 166608
CKelley@perkinscoie.com
Victoria Q. Smith, Bar No. 236045
VSmith@perkinscoie.com
Wing H. Liang, Bar No. 285521
WLiang@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
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
Kenneth J. Halpern, Bar No. 187663
ken.halpern@strismaher.com
STRIS & MAHER LLP
725 South Figueroa Street, Suite 1830
Los Angeles, CA 90017
Telephone: (213) 995-6800
Facsimile: (213) 261-0299
Attorneys for Defendant Apple Inc.
11
12
13
Attorneys for Plaintiff
Slot Speaker Technologies, Inc.
14
15
UNITED STATES DISTRICT COURT
16
NORTHERN DISTRICT OF CALIFORNIA
17
OAKLAND DIVISION
18
19
SLOT SPEAKER TECHNOLOGIES, INC.,
20
21
22
Plaintiff,
v.
APPLE INC.,
23
Case No. 4:13-cv-01161-HSG (DMR)
STIPULATION AND [PROPOSED]
ORDER REQUESTING MODIFICATION
TO BRIEFING SCHEDULE FOR
MOTIONS IN LIMINE
Defendant.
24
25
26
27
28
4:13-cv-01161-HSG (DMR)
STIPULATION AND [PROPOSED] ORDER
RE MOTIONS IN LIMINE
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
WHEREAS, the Parties request modification of the briefing schedule for Motions in
Limine as shown below:
Submission
Current Requested
Deadline Deadline
8
Motions in Limine
2/12
2/13
9
Oppositions to Motions in Limine
2/19
2/23
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
WHEREAS, the requested modification would not require rescheduling the pretrial
conference set for March 6, 2018 and would not affect the parties’ other deadlines for pretrial
submissions under the Court’s Civil Pretrial and Trial Standing Order;
WHEREAS, the Parties have previously requested no other modifications to the
Scheduling Order, except for their May 10, 2017 request for extension of time to conduct certain
depositions, which the Court granted (Dkt. 319); their June 21, 2017 request for extension of time
to serve expert reports, which the Court granted (Dkt. 345); their August 31, 2017 request for a
one-week extension to complete expert discovery, which the Court granted (Dkt. 351); their
October 5, 2017 request regarding the schedule for briefing of Apple’s Motions to Exclude
certain of SST’s experts’ opinions, which the Court granted (Dkt. 382); and their January 22,
2018 request regarding the schedule for briefing of SST’s Motions to Strike, which the Court
granted (Dkt. 450); and
WHEREAS, the Parties respectfully submit that there is good cause to modify the existing
briefing schedule for Motions in Limine in view of ongoing other work associated with
preparations for the trial beginning March 19, 2018 and in view of the requested extension not
requiring rescheduling the pretrial conference set for March 6, 2018 and not affecting the Parties’
other deadlines for pretrial submissions under the Court’s Civil Pretrial and Trial Standing Order.
27
28
4:13-cv-01161-HSG (DMR)
-1-
STIPULATION AND [PROPOSED] ORDER
RE MOTIONS IN LIMINE
1
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the Parties that,
2
subject to the Court’s approval, the Parties’ Motions in Limine and oppositions thereto must be
3
filed as shown below.
4
5
6
Submission
Deadline
Motions in Limine
2/13
Oppositions to Motions in Limine
2/23
7
8
9
10
The Parties also respectfully request that the Court issue an order granting the relief
requested.
DATED: February 6, 2018
By:
11
12
13
/s/ Nina S. Tallon
Nina S. Tallon
Nina.Tallon@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
Attorney for Defendant Apple Inc.
14
15
16
DATED: February 6, 2018
By:
17
18
/s/ Wing H. Liang
Wing H. Liang
WLiang@perkinscoie.com
PERKINS COIE LLP
Attorney for Plaintiff
Slot Speaker Technologies, Inc.
19
20
21
22
***
23
24
25
26
27
28
4:13-cv-01161-HSG (DMR)
-2-
STIPULATION AND [PROPOSED] ORDER
RE MOTIONS IN LIMINE
1
2
3
4
5
PURSUANT TO STIPULATION, the Parties’ Motions in Limine, and oppositions
thereto, must be filed as shown below.
Submission
Deadline
Motions in Limine
2/13
Oppositions to Motions in Limine
2/23
6
7
8
9
IT IS SO ORDERED.
Dated: ______________
10
___________________________________
Hon. Haywood S. Gilliam, Jr.
United States District Judge
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4:13-cv-01161-HSG (DMR)
-3-
STIPULATION AND [PROPOSED] ORDER
RE MOTIONS IN LIMINE
1
2
ATTESTATION OF E-FILED SIGNATURES
I, Mark D. Selwyn, am the ECF user whose ID and password are being used to file this
3
Stipulation and [Proposed] Requesting Modification to Briefing Schedule for Motions in Limine.
4
In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that concurrence in this filing has
5
been obtained from Nina S. Tallon and Wing H. Liang.
6
7
Dated: February 6, 2018
/s/ Mark D. Selwyn
Mark D. Selwyn
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4:13-cv-01161-HSG (DMR)
ActiveUS 166405009
STIPULATION AND [PROPOSED] ORDER
RE MOTIONS IN LIMINE
1
2
3
4
5
6
7
8
9
10
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.
11
UNITED STATES DISTRICT COURT
12
NORTHERN DISTRICT OF CALIFORNIA
13
OAKLAND DIVISION
14
15
16
17
18
19
SLOT SPEAKER TECHNOLOGIES, INC.,
Plaintiff,
v.
APPLE INC.,
Case No. 4:13-cv-01161-HSG (DMR)
DECLARATION OF
MARK D. SELWYN IN SUPPORT OF
STIPULATION REQUESTING
MODIFICATION TO BRIEFING
SCHEDULE FOR MOTIONS IN LIMINE
Defendant.
20
21
22
23
24
25
26
27
28
4:13-cv-01161-HSG (DMR)
DECLARATION OF MARK D. SELWYN
1
I, Mark D. Selwyn, declare as follows:
2
1.
I am an attorney admitted to practice in the State of California, the Commonwealth
3
of Massachusetts, and the State of New York, and am a member of the Bar of this Court. I am a
4
partner at the law firm Wilmer Cutler Pickering Hale and Dorr LLP, counsel for Apple Inc.
5
(“Apple”) in the above-captioned matter. I make this declaration based upon my personal
6
knowledge and/or investigation of the facts set forth herein. If called to testify, I could and would
7
testify competently to the facts stated herein.
8
9
10
2.
Pursuant to L.R. 6-2, I submit this Declaration in Support of the Parties’
Stipulation Requesting Modification to Briefing Schedule for Motions in Limine.
3.
On November 30, 2016, the Court entered a Scheduling Order setting February 5,
11
2018 as the date for the Parties’ exchange of evidence; February 12, 2018 as the deadline for the
12
filing of motions in limine; February 19, 2018 as the deadline for the filing of oppositions to
13
motions in limine and various of the Parties’ pretrial submissions pursuant to the Court’s Civil
14
Pretrial and Trial Standing Order; March 6, 2018 as the pretrial conference date; and March 19,
15
2018 as the trial date. (Dkt. 219, “Scheduling Order.”)
16
4.
On May 12, 2017, the Court entered an Order modifying the Scheduling Order and
17
extending time to conduct certain depositions. (Dkt. 319.) On June 22, 2017, the Court entered
18
an Order modifying the Scheduling Order and setting July 14 and August 14, 2017 as the
19
deadlines to serve opening and rebuttal expert reports, respectively. (Dkt. 345.) On August 31,
20
2017, the Court entered an Order modifying the Scheduling Order and setting September 15,
21
2017 as the deadline for completion of expert discovery. (Dkt. 351.) On October 6, 2017, the
22
Court entered an Order modifying the briefing schedule for Apple’s Motions to Exclude certain
23
of SST’s experts’ opinions. (Dkt. 382.) On January 23, 2018, the Court entered an Order
24
modifying the briefing schedule for SST’s Motions to Strike certain of Apple’s experts’ opinions.
25
(Dkt. 450.)
26
27
28
4:13-cv-01161-HSG (DMR)
1
DECLARATION OF MARK D. SELWYN
1
5.
In view of the parties’ ongoing other work associated with preparations for the trial
2
beginning March 19, the Parties have agreed to seek to adjust the schedule for briefing of Motions
3
in Limine, subject to the Court’s approval, as shown below.
4
Submission
Default
Requested
Deadline Deadline
6
Motions in Limine
2/12
2/13
7
Oppositions to Motions in Limine
2/19
2/23
5
8
9
10
11
12
6.
The requested modification would not require rescheduling the pretrial conference
set for March 6, 2018 and would not affect the Parties’ other deadlines for pretrial submissions
under the Court’s Civil Pretrial and Trial Standing Order.
7.
Other than as described above, the parties have not sought any modifications to the
Court’s Scheduling Order.
13
14
Executed this 6th day of February, 2018.
15
/s/ Mark D. Selwyn
Mark D. Selwyn
16
17
18
19
20
21
22
23
24
25
26
27
28
4:13-cv-01161-HSG (DMR)
ActiveUS 166405439
2
DECLARATION OF MARK D. SELWYN
1
2
PURSUANT TO STIPULATION, the Parties’ Motions in Limine, and oppositions
thereto, must be filed as shown below.
3
4
Submission
Deadline
5
Motions in Limine
2/13
6
Oppositions to Motions in Limine
2/23
7
8
9
IT IS SO ORDERED.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Dated: ______________
2/7/2018
___________________________________
Hon. Haywood S. Gilliam, Jr.
United States District Judge
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?