Zomm, LLC v. Apple Inc.

Filing 64

ORDER by Judge Haywood S. Gilliam, Jr. Granting 63 Stipulation to extend deadline to file Stipulated Protective Order. (ndrS, COURT STAFF) (Filed on 2/7/2019)

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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 11, 2019.

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WHEREAS, pursuant to the Court’s January 25, 2019 Order (Dkt. 61), the Parties are
required to file a Stipulated Protective Order by February 1, 2019;
WHEREAS, the Parties have met and conferred and have significantly narrowed the areas
of disagreement regarding the terms of the Stipulated Protective Order;

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WHEREAS, the Parties are continuing to negotiate in good faith and believe that they

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could make further progress towards reaching agreement on additional terms of the Stipulated

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Protective Order with further 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 two prior modifications of time to extend the
deadline to file a Stipulated Protective Order (Dkt. 55, 60); and
WHEREAS, the Parties requested an additional week to file an ESI Stipulation (Dkt. 55),

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which the Parties filed on January 18, 2019 (Dkt. 58) and has now been ordered by the Court

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(Dkt. 59); and

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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 11, 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: February 1, 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: February 1, 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 February 1, 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: February 7, 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