Zomm, LLC v. Apple Inc.

Filing 56

ORDER by Judge Haywood S. Gilliam, Jr. Granting 55 Stipulation TO EXTEND DEADLINE TO FILE STIPULATED PROTECTIVE ORDER AND ESI STIPULATION. (ndrS, COURT STAFF) (Filed on 1/9/2019)

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MICHAEL J. ZINNA (pro hac vice)
[e-mail]
LEE BRENNER (State Bar No. 180235)
[e-mail]
DAVID FINK (State Bar No. 169212)
[e-mail]
DAVID G. LINDENBAUM (pro hac vice)
[e-mail]
WHITNEY M. SMITH (pro hac vice)
[e-mail]
KELLEY DRYE & WARREN LLP
101 Park Avenue
New York, New York 10178
Telephone
212-808-7800
Facsimile
973-503-5950

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Attorneys for Plaintiff ZOMM, LLC

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DAVID R. EBERHART (S.B. #195474)
[e-mail]
LUANN L. SIMMONS (S.B. #203526)
[e-mail]
SINA ARIA (S.B. #287529)
[e-mail]
HANNAH Y. CHANOINE (pro hac vice)
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, California 94111-3823
Telephone:
[phone]
Facsimile:
[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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OAKLAND DIVISION

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ZOMM, LLC,
Plaintiff,

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Case No. 4:18-cv-04969-HSG
JOINT STIPULATION AND
[PROPOSED] ORDER TO EXTEND
DEADLINE TO FILE STIPULATED
PROTECTIVE ORDER AND ESI
STIPULATION

Defendant.

Judge: Haywood S. Gilliam, Jr.

v.
APPLE INC.,

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STIPULATION AND [PROPOSED] ORDER
ISO STIP TO EXTEND DEADLINES
4:18-CV-04969-HSG

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Pursuant to Civil L. R. 6-1, 6-2, and 7-12, Plaintiff Zomm LLC (“Zomm”) and Defendant

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Apple Inc. (“Apple”) hereby stipulate and request, by and through their undersigned counsel and

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subject to the Court’s approval, to extend the deadline to file a Stipulated Protective Order to

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January 25, 2019, and to file an ESI Stipulation to January 18, 2019.

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WHEREAS, pursuant to the Court’s November 27, 2018 Order (Dkt. 47), the Parties are
required to file an ESI Stipulation and Stipulated Protective Order by January 11, 2019;
WHEREAS, the Parties have met and conferred and are continuing to negotiate in good
faith regarding the terms of the Stipulated Protective Order and the ESI Stipulation;
WHEREAS, the Parties believe that they could make further progress towards reaching

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agreement on the outstanding disputes on the terms of the Stipulated Protective Order and the ESI

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Stipulation with additional time to continue their meet and confer discussions;

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WHEREAS, the Parties agree to extend the deadline to file the Stipulated Protective Order

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and the ESI Stipulation in the hope that they can reach agreement on the Stipulated Protective

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Order and the ESI Stipulation; and

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WHEREAS, the Parties have requested only one modification of time in the case related

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to the briefing schedule for Apple’s Motion to Dismiss Plaintiff’s Non-Patent Causes of Action

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and Stay Plaintiff’s Patent Cause of Action (Dkt. 45) to account for the holidays (Dkt. 51), which

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was granted by the Court on December 17, 2018 (Dkt. 53); and

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WHEREAS, the modification requested herein will not affect any other scheduled dates or
events in this action.
It is hereby STIPULATED AND AGREED, by and between the Parties, subject to the
approval of the Court, as follows:
(1)

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The Parties will file a Stipulated Protective Order, including an identification of
any outstanding disputes regarding its terms, no later than January 25, 2019; and

(2)

The Parties will file an ESI Stipulation, including an identification of any
outstanding disputes regarding its terms, no later than January 18, 2019.

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STIPULATION AND [PROPOSED] ORDER
ISO STIP TO EXTEND DEADLINES
4:18-CV-04969-HSG

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Pursuant to Civil L.R. 6-2(a), this stipulation is supported by the concurrently filed
Declaration of Luann L. Simmons.

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IT IS SO STIPULATED.

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Dated: January 08, 2019

KELLEY DRYE AND WARREN LLP

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By:

/s/ Michael J. Zinna
Michael J. Zinna
Attorneys for Plaintiff
ZOMM, INC.

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Dated: January 08, 2019

O’MELVENY & MYERS LLP

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By:

/s/ Luann L. Simmons
Luann L. Simmons
Attorneys for Defendant
APPLE INC.

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CERTIFICATE OF SERVICE
I certify that all counsel of record is being served on January 08, 2019, with a copy of this
document via the Court’s CM/ECF system.

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/s/ Luann L. Simmons

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Luann L. Simmons

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FILER’S ATTESTATION
Pursuant to Local Rule 5-1(i)(3), I hereby attest that the other signatory listed, on whose
behalf the filing is submitted, concurs in the filing’s content and has authorized the filing.

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/s/ Luann L. Simmons

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Luann L. Simmons

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STIPULATION AND [PROPOSED] ORDER
ISO STIP TO EXTEND DEADLINES
4:18-CV-04969-HSG

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: January ____, 2019
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Haywood S. Gilliam, Jr.
United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER
ISO STIP TO EXTEND DEADLINES
4:18-CV-04969-HSG