Elan Microelectronics Corporation v. Apple, Inc.

Filing 142

Notice of Motion and Motion to Compel James Eakin To Produce Documents Pursuant to Subpoena Duces TecumI> filed by Apple, Inc.. Motion Hearing set for 8/24/2010 10:00 AM in Courtroom 5, 4th Floor, San Jose. (Attachments: # 1 Proposed Order)(Greenblatt, Nathan) (Filed on 7/20/2010) Modified on 7/21/2010 TO CORRECT HEARING LOCATION TO MATCH NOTICE (rslc1, COURT STAFF). Modified on 7/27/2010 (tsh, COURT STAFF).

Elan Microelectronics Corporation v. Apple, Inc.

Doc. 142 Att. 1

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MATTHEW D. POWERS (Bar No. 104795) [e-mail] JARED BOBROW (Bar No. 133712) [e-mail] DOUGLAS E. LUMISH (Bar No. 183863) [e-mail] SONAL N. MEHTA (Bar No. 222086) [e-mail] DEREK C. WALTER (Bar. No. 246322) [e-mail] NATHAN GREENBLATT (Bar No. 262279) [e-mail] WEIL, GOTSHAL & MANGES LLP Silicon Valley Office 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaim Plaintiff Apple Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ELAN MICROELECTRONICS CORPORATION, Plaintiff and Counterclaim Defendant, v. APPLE INC., Defendant and Counterclaim Plaintiff. Case No. C-09-01531 RS (PVT) [PROPOSED] ORDER GRANTING APPLE INC.'S MOTION TO COMPEL JAMES EAKIN TO PRODUCE DOCUMENTS PURSUANT TO SUBPOENA DUCES TECUM JURY TRIAL DEMANDED DATE: August 24, 2010 TIME: 10:00 a.m. JUDGE: Patricia V. Trumbull CTRM: 5, 4th Floor

[PROPOSED] ORDER GRANTING APPLE'S MOTION TO COMPEL EAKIN TO PRODUCE DOCUMENTS PURSUANT TO SUBPOENA DUCES TECUM

Case No. C-09-01531 RS (PVT)

Dockets.Justia.com

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Apple Inc.'s Motion To Compel James Eakin, came for hearing before the Court. Based on the supporting and opposition papers and the argument of counsel, and good cause appearing therefore, that motion is hereby GRANTED. Mr. Eakin is compelled to comply with Apple's May 5, 2010 subpoena. All objections to the subpoena have been waived. IT IS SO ORDERED.

Dated: ___________, 2010

_______________________________________________ UNITED STATES MAGISTRATE JUDGE

[PROPOSED] ORDER GRANTING APPLE'S MOTION TO COMPEL EAKIN TO PRODUCE DOCUMENTS PURSUANT TO SUBPOENA DUCES TECUM

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Case No. C-09-01531 RS (PVT)

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CERTIFICATE OF SERVICE I declare that I am employed with the law firm of Weil, Gotshal & Manges LLP, whose address is 201 Redwood Shores Parkway, Redwood Shores, California 94065-1175. I am not a party to the within cause, and I am over the age of eighteen years. I further declare that on July 20, 2010, I served a copy of: [PROPOSED] ORDER GRANTING APPLE INC.'S MOTION TO COMPEL JAMES EAKIN TO PRODUCE DOCUMENTS PURSUANT TO SUBPOENA DUCES TECUM BY U.S. MAIL by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, addressed as follows, for collection and mailing in accordance with the firm's ordinary business practices. I am readily familiar with the practice for collection and processing of mail, and know that in the ordinary course of business practice that the document(s) described above will be deposited with the U.S. Postal Service on the same date as sworn to below. BY ELECTRONIC SERVICE by electronically mailing a true and correct copy through the electronic mail system to the email address(es) set forth in the service list below. BY OVERNIGHT DELIVERY by placing a true copy thereof enclosed in a sealed envelope with overnight delivery fees provided for, addressed as follows, for collection by Federal Express in accordance with ordinary business practices. I am readily familiar with the practice for collection and processing of correspondence for overnight delivery and know that in the ordinary course of business practice the document(s) described above will be deposited by an employee or agent in a box or other facility regularly maintained by Federal Express for collection on the same day that the document(s) are deposited. BY PERSONAL SERVICE by placing a true copy thereof enclosed in a sealed envelope to be delivered by messenger to the offices of the addressee(s) (and left with an employee or person in charge of addressee's office), as stated below, during ordinary business hours. The Law Offices of James E. Eakin 855 Oak Grove Avenue Suite 107 Menlo Park, CA 94025 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on July 20, 2010, at Redwood Shores, California.

____/s/ Judi Tallet_______________ Judi Tallet
[PROPOSED] ORDER GRANTING APPLE'S MOTION TO COMPEL EAKIN TO PRODUCE DOCUMENTS PURSUANT TO SUBPOENA DUCES TECUM

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