Synchronoss Technologies v. Dropbox Inc

Filing 224

ORDER by Judge Haywood S. Gilliam, Jr. Granting 223 Stipulated Request for Order to Complete Currently Noticed Depositions Beyond the Close of Fact Discovery [Civil Local Rule 6-2]. (ndrS, COURT STAFF) (Filed on 9/24/2018)

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[COUNSEL OF RECORD IDENTIFIED IN SIGNATURE BLOCK]

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IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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SYNCHRONOSS TECHNOLOGIES, INC.,

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Case No. 4:16-cv-00119-HSG-KAW

Plaintiff,

STIPULATED REQUEST FOR ORDER
TO COMPLETE CURRENTLY
NOTICED DEPOSITIONS BEYOND
THE CLOSE OF FACT DISCOVERY

Defendant.

[CIVIL LOCAL RULE 6-2]

v.
DROPBOX, INC.,

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Judge: Hon. Haywood S. Gilliam, Jr.

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Complaint Filed: March 27, 2015
Case Transferred: January 8, 2016

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STIPULATED REQUEST FOR ORDER TO COMPLETE CURRENTLY NOTICED DEPOSITIONS
BEYOND THE CLOSE OF FACT DISCOVERY AND ORDER
CASE NO. 4:16-CV-00119-HSG

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Plaintiff Synchronoss Technologies, Inc., (“Synchronoss”) and Defendant Dropbox, Inc.,

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(“Dropbox”) (collectively, the “Parties”) by and through their respective counsel and subject to

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the Court’s approval, stipulate as follows:

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WHEREAS, on January 9, 2018, the Court issued an Order Setting the Case

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Schedule that set a deadline for the Parties to complete fact discovery by September 21,

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2018. (ECF 173, 4:16-CV-0019-HSG-KAW);

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WHEREAS, the Parties have noticed, scheduled and taken a number of party and

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nonparty depositions in this matter, but have been unable to take all of the noticed

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depositions before the cutoff date due to witness availabilities and the large number of non-

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party depositions noticed; (See Declaration of Sarah S. Eskandari (“Eskandari Dec.”), ¶ 3.)

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WHEREAS, from September 18 through 20, 2018, the Parties met and conferred to

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discuss the need for approaching the court to obtain leave to complete the noticed

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depositions after the cutoff date as witness availabilities were being offered into October.

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Given these facts, the Parties believe there is good cause to allow the completion of the

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currently noticed depositions after the cutoff date and by October 18, 2018, which may

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include cleanup document production related to the noticed depositions. (Id.)

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WHEREAS, there have only been four prior time modifications in this case: (1)

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when the Court granted Synchronoss’ motion for an extension of time to respond to

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Dropbox’s original February 5, 2016 motion to dismiss (ECF 70, 71); (2) when the Court

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granted the Parties’ Stipulated Request for an extension of time for Dropbox to file its reply

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in support of the Motion to Dismiss (ECF 90, 91); (3) when the Court granted the Parties’

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stipulated request for an extension of time to submit their ESI Stipulation and Protective

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Order (ECF 121, 123); (Eskandari Dec. ¶ 4.); and (4) when the Court granted the Parties’

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Stipulated Request to Change the Deadline for Document Production (ECF 187) (Eskandari

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Dec. ¶ 4.);

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WHEREAS, the Parties’ requested extension will have no impact on the schedule,

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as the remaining deadlines in the Scheduling Order will be unaffected. (Eskandari Dec. ¶ 5.)

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STIPULATED REQUEST FOR ORDER TO COMPLETE CURRENTLY NOTICED DEPOSITIONS
BEYOND THE CLOSE OF FACT DISCOVERY AND ORDER
CASE NO. 4:16-CV-00119-HSG

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, BY

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AND BETWEEN THE PARTIES THROUGH THEIR RESPECTIVE COUNSEL,

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THAT subject to the Court’s approval the parties may complete their currently noticed

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depositions by October 18, 2018, and to include any related document production cleanup related

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thereto. //

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//
Dated this 21st day of September, 2018.

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/s/ Jonathan A. Patchen
STEPHEN E. TAYLOR (SBN 058452)
JONATHAN A. PATCHEN (SBN 237346)
TAYLOR & PATCHEN, LLP
One Ferry Building, Suite 355
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]

/s/ Sarah S. Eskandari
SARAH S. ESKANDARI (SBN 271541)
DENTONS US LLP
One Market Plaza,
Spear Tower, 24th Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
MARK L. HOGGE (pro hac vice)
NICHOLAS H. JACKSON (SBN 269976)
DENTONS US LLP
1900 K Street, N.W.
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

THOMAS H.L. SELBY (pro hac vice)
DAVID M. KRINSKY (pro hac vice)
ADAM D. HARBER (pro hac vice)
CHRISTOPHER J. MANDERNACH (pro
hac vice)
WILLIAMS & CONNOLLY LLP
725 Twelfth Street, N.W.
Washington, D.C. 20005
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]

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Attorneys for Plaintiff
Synchronoss Technologies, Inc.

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Attorneys for Defendant
Dropbox, Inc.

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STIPULATED REQUEST FOR ORDER TO COMPLETE CURRENTLY NOTICED DEPOSITIONS
BEYOND THE CLOSE OF FACT DISCOVERY AND ORDER
CASE NO. 4:16-CV-00119-HSG

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FILER’S ATTESTATION:
I, Sarah S. Eskandari, am the ECF user whose ID and password are being used to

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file the above STIPULATED REQUEST FOR ORDER TO COMPLETE

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CURRENTLY NOTICED DEPOSITIONS BEYOND THE CLOSE OF FACT

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DISCOVERY [CIVIL LOCAL RULE 6-2]. In compliance with Civil Local Rule 5-

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1(i)(3), I hereby attest that each listed counsel above has concurred in this filing.

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Dated: September 21, 2018
By

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/s/ Sarah S. Eskandari
SARAH S. ESKANDARI

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ORDER

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THIS MATTER, came before the Court on Plaintiff Synchronoss Technologies, Inc.

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and Defendant Dropbox, Inc., (collectively, the “Parties”) Stipulated Request for Order

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allowing completion of currently noticed deposition beyond the fact discovery cutoff. The

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Court, having reviewed and considered the submitted papers in this matter and all relevant

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factual statements therein, hereby GRANTS the Parties' Stipulated Request for additional time

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to complete their currently noticed depositions and any associated document production

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cleanup after the fact discovery cutoff and before October 18, 2018.

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IT IS SO ORDERED.

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DATED: September 24, 2018

_____________________________________
HONORABLE HAYWOOD S. GILLIAM JR.
UNITED STATES DISTRICT JUDGE

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STIPULATED REQUEST FOR ORDER TO COMPLETE CURRENTLY NOTICED DEPOSITIONS
BEYOND THE CLOSE OF FACT DISCOVERY AND ORDER
CASE NO. 4:16-CV-00119-HSG