DSS Technology Management, Inc. v. Apple, Inc.

Filing 419

ORDER by Judge Haywood S. Gilliam, Jr. Granting 415 Stipulation for Extension to Submit Pretrial Filings. (ndrS, COURT STAFF) (Filed on 1/15/2020)

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MARK D. FOWLER (Bar No. 124235)
[e-mail]
CLAYTON THOMPSON (Bar No. 291331)
[e-mail]
YAKOV M. ZOLOTOREV (Bar No. 224260)
[e-mail]
SUMMER TORREZ (Bar No. 264858)
[e-mail]
JONATHAN HICKS (Bar No. 274634)
[e-mail]
ERIN MCLAUGHLIN (Bar No. 290853)
[e-mail]
DLA PIPER LLP (US)
2000 University Avenue
East Palo Alto, CA 94303-2214
Tel: [phone]
Fax: [phone]
ERIN P. GIBSON (Bar No. 229305)
[e-mail]
SUSAN ACQUISTA (Bar No. 253969)
[e-mail]
PETER MAGGIORE (Bar No. 292534)
[e-mail]
DLA PIPER LLP (US)
401 B Street, Suite 1700
San Diego, CA 92101-4297
Tel: [phone]
Fax: [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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DSS TECHNOLOGY MANAGEMENT,
INC.,
Plaintiff,

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v.

CASE NO. 14-cv-05330 HSG
JOINT STIPULATION AND
ORDER FOR EXTENSION TO SUBMIT
PRETRIAL FILINGS

APPLE INC.,
Defendant.

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DLA P IPER LLP (US)
EAST PAL O AL TO

WEST\288974211.1
JOINT STIPULATION AND ORDER REGARDING PRETRIAL FILINGS
CASE NO. 14-CV-05330 (HSG)

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Pursuant to Civil Local Rules 6-1(b), 6-2, 7-1(a)(5), and 7-12, Plaintiff DSS Technology

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Management, Inc. (“DSS”) and Defendant Apple Inc. (“Apple”) (collectively, the “Parties”),

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through their respective counsel of record, hereby stipulate as follows regarding the submission of

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the pretrial filings:

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WHEREAS, on January 16, 2019, the Court entered a Scheduling Order setting the

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Pretrial Conference for January 28, 2020 at 3:00 p.m. and Jury Selection/Jury Trial for February

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24, 2020 at 8:30 a.m. (Dkt. 183);

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WHEREAS, on December 4, 2019, the clerk issued a notice that the Pretrial Conference,
previously set for January 28, 2020, is continued to February 4, 2020, at 3:00 p.m., but pretrial
filings are due based on the original not the continued pretrial conference date (Dkt. 357);
WHEREAS, pursuant to the Civil Pretrial And Trial Standing Order For Cases Before

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District Judge Haywood S. Gilliam, Jr., January 14, 2020 is the deadline for the Parties to submit

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to the Court the pretrial filings pursuant to ¶¶ 6-15 and ¶¶ 23-26 of Judge Gilliam’s Pretrial

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Standing Order (i.e., the joint pretrial statement and proposed order, proposed jury instructions,

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proposed voir dire questions, proposed statement of the case, trial briefs and oppositions to

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motions in limine);

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WHEREAS, on January 10, 2020, the Parties submitted a stipulation to extend the

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deadline for the Parties to submit a proposed joint set of jury instructions along with one-page

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explanations as to disputed instructions, by one week, to January 21, 2020 (Dkt. 411) and the

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Court granted that stipulation on January 13, 2020 (Dkt. 412);

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WHEREAS, on January 14, 2020, the Court denied DSS’ motion to amend infringement

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contentions and granted Apple’s cross-motion to strike DSS’ infringement expert report and set a

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Further Case Management Conference for January 21, 2020 (Dkt. 413);

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WHEREAS, the parties have met and conferred and agree that in light of the Court’s

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January 14, 2020 Order and scheduling of the January 21, 2020 Further Case Management

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Conference, the pretrial filings which are due on January 14 and 21, 2020, should be extended

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until January 24, 2020, which is after the Further Case Management Conference;

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DLA P IPER LLP (US)
EAST PAL O AL TO

WEST\288974211.1

-1JOINT STIPULATION AND ORDER REGARDING PRETRIAL FILINGS
CASE NO. 14-CV-05330 (HSG)

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WHEREAS, the extension of the pretrial filing deadlines to January 24, 2020 will not alter
the date of any other event or any deadline already set by this Court in this case.

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IT IS SO STIPULATED.

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Pursuant to Civil L.R. 5-1(i)(3), concurrence to the filing of this document was obtained
from Niky Bagley, counsel for DSS Technology Management, Inc., on January 14, 2020.

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Dated: January 14, 2020

DLA PIPER LLP (US)

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By /s/ Summer Torrez
MARK D. FOWLER
CLAYTON THOMPSON
YAKOV M. ZOLOTOREV
ERIN P. GIBSON
SUSAN ACQUISTA
SUMMER TORREZ
JONATHAN HICKS
ERIN MCLAUGHLIN
PETER MAGGIORE

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Attorneys for Defendant
APPLE INC.

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Dated: January 14, 2020
BUETHER JOE & CARPENTER, LLC

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By /s/ Niky Bagley
CHRISTOPHER M. JOE
ERIC W. BUETHER
BRIAN A. CARPENTER
NIKY BAGLEY
KENNETH KULA

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Attorneys for Plaintiff
DSS Technology Management, Inc.

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DLA P IPER LLP (US)
EAST PAL O AL TO

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-2JOINT STIPULATION AND ORDER REGARDING PRETRIAL FILINGS
CASE NO. 14-CV-05330 (HSG)

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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Dated: 1/15/2020
By
HAYWOOD S. GILLIAM, JR.
United States District Judge

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DLA P IPER LLP (US)
EAST PAL O AL TO

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-3JOINT STIPULATION AND ORDER REGARDING PRETRIAL FILINGS
CASE NO. 14-CV-05330 (HSG)