Synchronoss Technologies v. Dropbox Inc

Filing 232

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)

Download PDF
1 [COUNSEL OF RECORD IDENTIFIED IN SIGNATURE BLOCK] 2 3 IN THE UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 7 SYNCHRONOSS TECHNOLOGIES, INC., 8 9 10 11 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. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED REQUEST FOR ORDER CHANGING TIME AND ORDER CASE NO. 4:16-CV-00119-HSG-KAW 1 Plaintiff Synchronoss Technologies, Inc., (“Synchronoss”) and Defendant Dropbox, Inc., 2 (“Dropbox”) (collectively, the “Parties”) by and through their respective counsel and subject to 3 the Court’s approval, stipulate as follows: 4 WHEREAS, on January 9, 2018, the Court issued a Scheduling Order setting a 5 September 21, 2018 deadline for the Parties to complete fact discovery, and a November 9, 6 2018 deadline for the Parties to serve their initial expert disclosures and reports (ECF 173); 7 WHEREAS, on September 24, 2018, the Court issued an Order granting the Parties’ 8 Stipulated Request to complete all then noticed depositions and any associated document 9 production cleanup after the fact discovery cutoff and before October 18, 2018 (ECF 224); 10 WHEREAS, the Parties have noticed, scheduled, and taken a number of party and 11 nonparty depositions in this matter, but have been unable to take all of the noticed 12 depositions before the revised cutoff date of October 18, 2018 due to witness availabilities; 13 WHEREAS, Synchronoss’ economic expert will be at a hearing in another matter 14 from November 1–6, 2018, and, therefore, unable to make the November 9, 2018 deadline 15 for submission of her expert report; 16 WHEREAS, from October 4 through October 17, 2018, the Parties met and 17 conferred to discuss the need for a further extension in the deadline for completing fact 18 depositions, as well as an extension in the deadlines for expert discovery. Given these facts, 19 the Parties believe there is good cause to allow the completion of the currently noticed 20 depositions after the current cutoff date of October 18, 2018 and by November 9, 2018. The 21 Parties further believe there is good cause to extend the deadline to serve their initial expert 22 disclosures and reports from November 9, 2018 to November 20, 2018; This extension will 23 not affect the April 5, 2019 deadline for the completion of expert discovery. 24 WHEREAS, there have been five prior time modifications in this case: (1) when the 25 Court granted Synchronoss’ motion for an extension of time to respond to Dropbox’s 26 original February 5, 2016 motion to dismiss (ECF 70, 71); (2) when the Court granted the 27 Parties’ Stipulated Request for an extension of time for Dropbox to file its reply in support 28 of the Motion to Dismiss (ECF 90, 91); (3) when the Court granted the Parties’ stipulated 1 STIPULATED REQUEST FOR ORDER CHANGING TIME AND ORDER CASE NO. 4:16-CV-00119-HSG-KAW 1 request for an extension of time to submit their ESI Stipulation and Protective Order (ECF 2 121, 123); (4) when the Court granted the Parties’ Stipulated Request to Extend the 3 Document Production Deadline (ECF 186, 187); and (5) when the Court granted the Parties’ 4 Stipulated Request to Extend the Completion of Noticed Depositions Beyond the Close of 5 Fact Discovery; (ECF 223, 224); and 6 WHEREAS, the Parties’ requested extension will have no impact on the overall 7 schedule for the cases, as the remaining deadlines in the Scheduling Order will be 8 unaffected; the requested extension will leave the Parties ample time to complete expert 9 discovery, and the brief extension will not prejudice any Party. 10 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, BY 11 AND BETWEEN THE PARTIES THROUGH THEIR RESPECTIVE COUNSEL, THAT 12 subject to the Court’s approval, the following new deadlines are set in this action: 13 14 15 16 17 18 19 20 21 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 22 23 24 25 26 // // // // 27 28 2 STIPULATED REQUEST FOR ORDER CHANGING TIME AND ORDER CASE NO. 4:16-CV-00119-HSG-KAW 1 Dated this 18th day of October, 2018. 2 3 4 5 6 7 /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 8 9 10 11 12 13 14 15 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. 16 17 Attorneys for Defendant Dropbox, Inc. 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATED REQUEST FOR ORDER CHANGING TIME AND ORDER CASE NO. 4:16-CV-00119-HSG-KAW 1 2 FILER’S ATTESTATION: I, Sarah S. Eskandari, am the ECF user whose ID and password are being used to 3 file the above STIPULATED REQUEST FOR ORDER CHANGING TIME AND 4 [PROPOSED] ORDER [CIVIL LOCAL RULE 6-2]. In compliance with Civil Local 5 Rule 5-1(i)(3), I hereby attest that each listed counsel above has concurred in this filing. 6 7 Dated: October 18, 2018 By 8 /s/ Sarah S. Eskandari SARAH S. ESKANDARI 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 STIPULATED REQUEST FOR ORDER CHANGING TIME AND ORDER CASE NO. 4:16-CV-00119-HSG-KAW 1 ORDER 2 THIS MATTER, came before the Court on Plaintiff Synchronoss Technologies, Inc., 3 Defendant Dropbox, Inc. (collectively, the “Parties”) Stipulated Request for Order Changing 4 Time. The Court, having reviewed and considered the submitted papers in this matter and all 5 relevant factual statements therein, hereby GRANTS the Parties’ Stipulated Request for Order 6 Changing Time as follows: 7 8 PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that: 9 The following new deadlines are set for the below noted events: 10 11 12 13 14 15 16 17 18 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 19 20 IT IS SO ORDERED. 21 22 23 DATED: October 22, 2018 _____________________________________ HONORABLE HAYWOOD S. GILLIAM JR. UNITED STATES DISTRICT JUDGE 24 25 26 27 28 2 STIPULATED REQUEST FOR ORDER CHANGING TIME AND ORDER CASE NO. 4:16-CV-00119-HSG-KAW

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?