Netlist, Inc v. Smart Modular Technologies, Inc
Filing
278
ORDER GRANTING re 277 Joint Statement filed by Netlist Inc. Signed by Judge Yvonne Gonzalez Rogers on 10/31/14. (fs, COURT STAFF) (Filed on 10/31/2014)
1
Counsel for all parties listed on the signature page
2
3
4
5
6
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
7
8
NETLIST, INC.,
CASE NO. 4:13-CV-05889-YGR
9
Plaintiff,
JOINT STATEMENT AND PROPOSED
ORDER REGARDING DEADLINES FOR
NEWLY-ADDED DEFENDANT,
SANDISK, INC.
10
v.
11
12
SMART STORAGE SYSTEMS, INC.,
DIABLO TECHNOLOGIES, INC., and
SANDISK, INC.
13
ORDER GRANTING
Defendants.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Joint Stipulation Regarding SanDisk Schedule
4:13-CV-05889-YGR
1
On October 7, 2014, Plaintiff Netlist, Inc. (“Netlist”) filed its Third Amended Complaint
2
adding SanDisk, Inc. (“SanDisk”) as a named Defendant. On October 22, 2014, Netlist served
3
the Third Amended Complaint on SanDisk. Netlist and SanDisk stipulate as follows:
4
Netlist’s First Amended Complaint alleged that SMART Storage Systems, Inc. (“SMART
5
Storage”) infringes several Netlist patents as a result of, for example, SMART Storage’s sale of
6
its ULLtraDIMM memory product. In August 2013, SanDisk acquired SMART Storage. In its
7
Third Amended Complaint, Netlist alleges that SanDisk infringes several Netlist patents by, inter
8
alia, selling the same ULLtraDIMM product. SanDisk denies these allegations.
9
While SanDisk is still investigating Netlist’s claims, at this point SanDisk believes that its
10
positions will generally be aligned with those of SMART Storage, particularly as to Sections 1, 3,
11
4, 6, 9, 11-14, 16 and 18-21 of the parties’ recent Updated Joint Case Management Statement
12
filed on September 15, 2014 [Dkt. No. 255]. Thus, unless the Court believes otherwise, the
13
parties believe that there is no need to submit yet another Case Management Statement at this
14
time.
15
The parties stipulate that the Protective Order [Dkt. No. 203] and Order Regarding
16
Discovery of Electronically Stored Information [Dkt. 231] previously entered by this Court shall
17
equally apply to SanDisk, unless and until SanDisk moves to amend such order(s).
18
Netlist and SanDisk also stipulate to the following deadlines regarding Netlist’s claims:
19
20
EVENT
DEADLINE
21
SanDisk to answer Netlist’s Third Amended
Complaint or otherwise plead
November 7, 2014
Fact Discovery to open as to SanDisk
November 7, 2014
Parties to exchange initial disclosures pursuant to
FRCP 26(a)(1)
November 21, 2014
Netlist to serve LPR 3-1 Disclosures (asserted
claims and infringement contentions) and LPR 3-2
Production on SanDisk
November 21, 2014
SanDisk to serve LPR 3-3 Invalidity Contentions
and LPR 3-4 Production on Netlist
January 9, 2015
22
23
24
25
26
27
28
Joint Statement Regarding SanDisk Schedule
-1
-
4:13-CV-05889-YGR
1
2
3
All other deadlines will follow the patent scheduled entered by the Court on October 8, 2014
[Dkt. No. 270].
ORDER
Based upon the foregoing stipulation, IT IS SO ORDERED.
4
5
Signed this 31st day of October, 2014.
_____
6
7
___________________________________
8
HON. YVONNE GONZALEZ ROGERS
9
UNITED STATES DISTRICT COURT
10
McANDREWS, HELD & MALLOY, LTD.
11
12
Dated: October 29, 2014
13
14
/s/ Ronald H. Spuhler
THOMAS J. WIMBISCUS
GREGORY C. SCHODDE
RONALD H. SPUHLER
WAYNE H. BRADLEY
15
BARTKO, ZANKEL, BUNZEL & MILLER
BENJAMIN K. RILEY
ROBERT N. BUNZEL
W. PAUL SCHUCK
SONY B. BARARI
SIMON R. GOODFELLOW
16
17
18
DLA PIPER LLP (US)
SEAN C. CUNNINGHAM
19
20
Attorneys for Plaintiff
NETLIST, INC.
21
22
JONES DAY
23
24
Dated: October 29, 2014
25
/s/ Steven J. Corr
GREGORY L. LIPPETZ
KATHLEEN D. LYNOTT
STEVEN J. CORR
26
Attorneys for Defendant
SANDISK, INC.
27
28
Joint Statement Regarding SanDisk Schedule
-2
-
4:13-CV-05889-YGR
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?