Synchronoss Technologies v. Dropbox Inc

Filing 244

ORDER by Judge Haywood S. Gilliam, Jr. Granting 243 Stipulation to Change Time.Designation of Experts due by 12/3/2018 and. Designation of Rebuttal Experts due by 1/28/2019. (ndrS, COURT STAFF) (Filed on 11/19/2018)

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.
DROPBOX, INC.,

Case No. 4:16-cv-00119-HSG-KAW
STIPULATED REQUEST FOR ORDER
CHANGING TIME AND [PROPOSED]
ORDER
[CIVIL LOCAL RULE 6-2]

Defendant.

Judge: Hon. Haywood S. Gilliam, Jr.

12
13

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

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATED REQUEST FOR ORDER CHANGING TIME AND [PROPOSED] 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 and October 22, 2018, the Court issued Orders

8

permitting currently noticed depositions to be completed by November 9, 2018, and extending

9

the deadline for the Parties to serve their initial expert disclosures and reports until November

10

20, 2018 (ECF 224; ECF 232);

11

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

12

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

13

before the revised cutoff date of November 9, 2018 due to witness availabilities (including

14

family emergencies) and other factors (Declaration of D. Shayon Ghosh (“Ghosh Decl.”),

15

¶ 5);

16

WHEREAS, on November 6 and 15, 2018, the parties have met and conferred over a

17

schedule for expert disclosures that does not change the date for completion of expert

18

discovery, but otherwise accommodates witness unavailability and the completion of fact

19

depositions (Ghosh Decl., ¶ 6);

20

WHEREAS, based on the foregoing, the Parties believe there is good cause to allow

21

the completion of the noticed fact depositions by November 29, 2018, which may include

22

cleanup document production related to the noticed depositions. The Parties further believe

23

there is good cause to extend the deadline to serve their initial expert disclosures and reports

24

from November 20, 2018 to December 3, 2018, and to extend the deadlines for further expert

25

disclosures and reports accordingly. This extension will not affect the April 5, 2019 deadline

26

for the completion of expert discovery (Ghosh Decl., ¶ 7);

27

WHEREAS, there have been six prior time modifications in this case: (1) when the

28

Court granted Synchronoss’ motion for an extension of time to respond to Dropbox’s original
1
STIPULATED REQUEST FOR ORDER CHANGING TIME AND [PROPOSED] ORDER
CASE NO. 4:16-CV-00119-HSG-KAW

1

February 5, 2016 motion to dismiss (ECF 70; ECF 71); (2) when the Court granted the Parties’

2

Stipulated Request for an extension of time for Dropbox to file its reply in support of the

3

Motion to Dismiss (ECF 90; ECF 91); (3) when the Court granted the Parties’ stipulated

4

request for an extension of time to submit their ESI Stipulation and Protective Order (ECF

5

121; ECF 123); (4) when the Court granted the Parties’ Stipulated Request to Change the

6

Deadline for Document Production (ECF 186; ECF 187); (5) when the Court granted the

7

Parties’ Stipulated Request to Complete Currently Noticed Depositions Beyond The Close Of

8

Fact Discovery (ECF 223; ECF 224); and (6) when the Court granted the Parties’ Stipulated

9

Request for Order Changing Time and Order (ECF 231; ECF 232);

10
11

WHEREAS, the Parties’ requested extension will have no impact on the schedule, as
the remaining deadlines in the Scheduling Order will be unaffected (Ghosh Decl., ¶ 9).

12

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

13

BETWEEN THE PARTIES THROUGH THEIR RESPECTIVE COUNSEL, THAT,

14

subject to the Court’s approval, the following new deadlines are set in this action, all remaining

15

deadlines to remain the same:

16
17
18
19
20
21
22
23
24

Event
Current Deadline
Deadline to complete currently November 9, 2018
noticed depositions
Initial expert disclosures and
November 20, 2018
reports due
Rebuttal expert disclosures and January 18, 2019
reports due
Should Plaintiff serve one or
February 15, 2019
more rebuttal reports regarding
objective indicia of nonobviousness, Defendant’s
responsive expert reports limited
solely to objective indicia of
non-obviousness

New Deadline
November 29, 2018
December 3, 2018
January 28, 2019
February 25, 2019

25
26
27
28
2
STIPULATED REQUEST FOR ORDER CHANGING TIME AND [PROPOSED] ORDER
CASE NO. 4:16-CV-00119-HSG-KAW

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

Dated this 16th day of November, 2018.

/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]

/s/ D. Shayon Ghosh
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]

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)
D. SHAYON GHOSH (SBN 313628)
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]
E-mail: [e-mail]

Attorneys for Plaintiff
Synchronoss Technologies, Inc.

16
17
18
19

Attorneys for Defendant
Dropbox, Inc.

20
21
22
23
24
25
26
27
28
3

STIPULATED REQUEST FOR ORDER CHANGING TIME AND [PROPOSED] ORDER
CASE NO. 4:16-CV-00119-HSG-KAW

1

FILER’S ATTESTATION:

2

I, D. Shayon Ghosh, am the ECF user whose ID and password are being used to file

3

the above STIPULATED REQUEST FOR ORDER CHANGING TIME [CIVIL

4

LOCAL RULE 6-2]. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that

5

each listed counsel above has concurred in this filing.

6

Dated: November 16, 2018

7

By:

/s/ D. Shayon Ghosh
D. SHAYON GHOSH

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
STIPULATED REQUEST FOR ORDER CHANGING TIME AND [PROPOSED] ORDER
CASE NO. 4:16-CV-00119-HSG-KAW

1

[PROPOSED] ORDER

2
THIS MATTER, came before the Court on Plaintiff Synchronoss Technologies, Inc.
3
and Defendant Dropbox, Inc., (collectively, the “Parties”) Stipulated Request for Order
4
Changing Time. The Court, having reviewed and considered the submitted papers in this
5
matter and all relevant factual statements therein, hereby GRANTS the Parties’ Stipulated
6
Request for Order 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
19

Event
Current Deadline
Deadline to complete currently November 9, 2018
noticed depositions
Initial expert disclosures and
November 20, 2018
reports due
Rebuttal expert disclosures and January 18, 2019
reports due
Should Plaintiff serve one or
February 15, 2019
more rebuttal reports regarding
objective indicia of nonobviousness, Defendant’s
responsive expert reports limited
solely to objective indicia of
non-obviousness

New Deadline
November 29, 2018
December 3, 2018
January 28, 2019
February 25, 2019

//

20
21

IT IS SO ORDERED.

22
23
24

DATED ______________
11/19/2018

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

25
26
27
28
5
STIPULATED REQUEST FOR ORDER CHANGING TIME AND [PROPOSED] ORDER
CASE NO. 4:16-CV-00119-HSG-KAW