Synchronoss Technologies v. Dropbox Inc
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. Granting 231 Stipulated REQUEST FOR ORDER CHANGING TIME.Designation of Experts due by 11/20/2018. Designation of Rebuttal Experts due by 1/18/2019. (ndrS, COURT STAFF) (Filed on 10/22/2018)
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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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Plaintiff,
v.
Case No. 4:16-cv-00119-HSG-KAW
STIPULATED REQUEST FOR ORDER
CHANGING TIME AND ORDER
[CIVIL LOCAL RULE 6-2]
DROPBOX, INC.,
Defendant.
Judge: Hon. Haywood S. Gilliam, Jr.
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STIPULATED REQUEST FOR ORDER CHANGING TIME AND ORDER
CASE NO. 4:16-CV-00119-HSG-KAW
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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 a Scheduling Order setting a
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September 21, 2018 deadline for the Parties to complete fact discovery, and a November 9,
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2018 deadline for the Parties to serve their initial expert disclosures and reports (ECF 173);
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WHEREAS, on September 24, 2018, the Court issued an Order granting the Parties’
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Stipulated Request to complete all then noticed depositions and any associated document
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production cleanup after the fact discovery cutoff and before October 18, 2018 (ECF 224);
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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 revised cutoff date of October 18, 2018 due to witness availabilities;
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WHEREAS, Synchronoss’ economic expert will be at a hearing in another matter
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from November 1–6, 2018, and, therefore, unable to make the November 9, 2018 deadline
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for submission of her expert report;
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WHEREAS, from October 4 through October 17, 2018, the Parties met and
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conferred to discuss the need for a further extension in the deadline for completing fact
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depositions, as well as an extension in the deadlines for expert discovery. Given these facts,
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the Parties believe there is good cause to allow the completion of the currently noticed
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depositions after the current cutoff date of October 18, 2018 and by November 9, 2018. The
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Parties further believe there is good cause to extend the deadline to serve their initial expert
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disclosures and reports from November 9, 2018 to November 20, 2018; This extension will
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not affect the April 5, 2019 deadline for the completion of expert discovery.
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WHEREAS, there have been five prior time modifications in this case: (1) when the
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Court granted Synchronoss’ motion for an extension of time to respond to Dropbox’s
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original February 5, 2016 motion to dismiss (ECF 70, 71); (2) when the Court granted the
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Parties’ Stipulated Request for an extension of time for Dropbox to file its reply in support
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of the Motion to Dismiss (ECF 90, 91); (3) when the Court granted the Parties’ stipulated
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STIPULATED REQUEST FOR ORDER CHANGING TIME AND ORDER
CASE NO. 4:16-CV-00119-HSG-KAW
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request for an extension of time to submit their ESI Stipulation and Protective Order (ECF
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121, 123); (4) when the Court granted the Parties’ Stipulated Request to Extend the
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Document Production Deadline (ECF 186, 187); and (5) when the Court granted the Parties’
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Stipulated Request to Extend the Completion of Noticed Depositions Beyond the Close of
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Fact Discovery; (ECF 223, 224); and
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WHEREAS, the Parties’ requested extension will have no impact on the overall
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schedule for the cases, as the remaining deadlines in the Scheduling Order will be
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unaffected; the requested extension will leave the Parties ample time to complete expert
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discovery, and the brief extension will not prejudice any Party.
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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, THAT
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subject to the Court’s approval, the following new deadlines are set in this action:
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Event
Deadline to complete currently
noticed depositions
Initial expert disclosures and
reports due
Rebuttal expert disclosures and
reports due
Should Plaintiff serve one or
more rebuttal reports regarding
objective indicia of nonobviousness, Defendant’s
responsive expert reports limited
solely to objective indicia of
non-obviousness
Current Deadline
October 18, 2018
New Deadline
November 9, 2018
November 9, 2018
November 20, 2018
December 21, 2018
January 18, 2019
February 1, 2019
February 15, 2019
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//
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//
//
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STIPULATED REQUEST FOR ORDER CHANGING TIME AND ORDER
CASE NO. 4:16-CV-00119-HSG-KAW
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Dated this 18th day of October, 2018.
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/s/ Sarah S. Eskandari
SARAH S. ESKANDARI (SBN 271541)
DENTONS US LLP
One Market Plaza,
Spear Tower, 24th Floor
San Francisco, CA 94105
Telephone: (415) 267-4000
Facsimile: (415) 267-4198
Email: sarah.eskandari@dentons.com
/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: (415) 788-8200
Facsimile: (415) 788-8208
E-mail: staylor@taylorpatchen.com
E-mail: jpatchen@taylorpatchen.com
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MARK L. HOGGE (pro hac vice)
NICHOLAS H. JACKSON (SBN 269976)
DENTONS US LLP
1900 K Street, N.W.
Washington, DC 20006
Telephone: (202) 408-6400
Facsimile: (202) 408-6399
Email: mark.hogge@dentons.com
Email: nicholas.jackson@dentons.com
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: (202) 434-5000
Facsimile: (202) 434-5029
E-mail: tselby@wc.com
E-mail: dkrinsky@wc.com
E-mail: aharber@wc.com
E-mail: cmandernach@wc.com
Attorneys for Plaintiff
Synchronoss Technologies, Inc.
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Attorneys for Defendant
Dropbox, Inc.
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STIPULATED REQUEST FOR ORDER CHANGING TIME AND ORDER
CASE NO. 4:16-CV-00119-HSG-KAW
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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 CHANGING TIME AND
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[PROPOSED] ORDER [CIVIL LOCAL RULE 6-2]. In compliance with Civil Local
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Rule 5-1(i)(3), I hereby attest that each listed counsel above has concurred in this filing.
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Dated: October 18, 2018
By
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/s/ Sarah S. Eskandari
SARAH S. ESKANDARI
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STIPULATED REQUEST FOR ORDER CHANGING TIME AND ORDER
CASE NO. 4:16-CV-00119-HSG-KAW
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ORDER
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THIS MATTER, came before the Court on Plaintiff Synchronoss Technologies, Inc.,
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Defendant Dropbox, Inc. (collectively, the “Parties”) Stipulated Request for Order Changing
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Time. The Court, having reviewed and considered the submitted papers in this matter and all
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relevant factual statements therein, hereby GRANTS the Parties’ Stipulated Request for Order
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Changing Time as follows:
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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that:
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The following new deadlines are set for the below noted events:
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Event
Deadline to complete currently
noticed depositions
Initial expert disclosures and
reports due
Rebuttal expert disclosures and
reports due
Should Plaintiff serve one or
more rebuttal reports regarding
objective indicia of nonobviousness, Defendant’s
responsive expert reports limited
solely to objective indicia of
non-obviousness
Current Deadline
October 18, 2018
New Deadline
November 9, 2018
November 9, 2018
November 20, 2018
December 21, 2018
January 18, 2019
February 1, 2019
February 15, 2019
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IT IS SO ORDERED.
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DATED: October 22, 2018
_____________________________________
HONORABLE HAYWOOD S. GILLIAM JR.
UNITED STATES DISTRICT JUDGE
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STIPULATED REQUEST FOR ORDER CHANGING TIME AND ORDER
CASE NO. 4:16-CV-00119-HSG-KAW
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