Zomm, LLC v. Apple Inc.

Filing 61

ORDER by Judge Haywood S. Gilliam, Jr. Granting 60 Stipulation to extend deadline to file Stipulated Protective Order. (ndrS, COURT STAFF) (Filed on 1/25/2019)

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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 ORDER
TO EXTEND DEADLINE TO FILE
STIPULATED PROTECTIVE ORDER

v.
APPLE INC.,

Judge: Haywood S. Gilliam, Jr.
Defendant.

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STIPULATION AND 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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February 1, 2019.

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WHEREAS, pursuant to the Court’s January 9, 2019 Order (Dkt. 56), the Parties are
required to file a Stipulated Protective Order by January 25, 2019;
WHEREAS, the Parties have met and conferred and are continuing to negotiate in good
faith regarding the terms of the Stipulated Protective Order;
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 with

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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
in the hope that they can reach agreement on the Stipulated Protective Order; and
WHEREAS, the Parties have requested only one prior modification of time to extend the

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deadline to file a Stipulated Protective Order, along with the deadline to file an ESI Stipulation,

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on January 8, 2019 (Dkt. 55); and

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WHEREAS, the Parties filed an ESI Stipulation on January 11, 2019, which the Court has
now ordered (Dkt. 59); and
WHEREAS, the parties also requested a modification of time related to the briefing

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schedule for Apple’s Motion to Dismiss Plaintiff’s Non-Patent Causes of Action and Stay

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

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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:

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

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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 February 1, 2019.
Pursuant to Civil L.R. 6-2(a), this stipulation is supported by the concurrently filed

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Declaration of Michael J. Zinna.

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IT IS SO STIPULATED.

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Dated: January 24, 2019

KELLEY DRYE & 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 24, 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 24, 2019, with a copy of this
document via the Court’s CM/ECF system.

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/s/ Michael J. Zinna

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Michael J. Zinna

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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/ Michael J. Zinna

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Michael J. Zinna

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

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: January 25, 2019

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Haywood S. Gilliam, Jr.
United States District Court Judge

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