Elan Microelectronics Corporation v. Apple, Inc.

Filing 164

SECOND AMENDED NOTICE OF MOTION TO PRODUCE DOCUMENTS PURSUANT TO SUBPOENA DUCES TECUM filed by Apple, Inc.. Motion Hearing set for 10/5/2010 10:00 AM in Courtroom 5, 4th Floor, San Jose. (Walter, Derek) (Filed on 8/19/2010) Modified on 8/20/2010 (tsh, COURT STAFF).

Elan Microelectronics Corporation v. Apple, Inc.

Doc. 164

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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 JOSE DIVISION ELAN MICROELECTRONICS CORPORATION, Plaintiff and Counterclaim Defendant, v. APPLE INC., Defendant and Counterclaim Plaintiff. Case No. C-09-01531 RS (PVT) APPLE INC.'S SECOND AMENDED NOTICE OF MOTION TO COMPEL JAMES EAKIN TO PRODUCE DOCUMENTS PURSUANT TO SUBPOENA DUCES TECUM JURY TRIAL DEMANDED DATE: October 5, 2010 TIME: 10:00 a.m. JUDGE: Patricia V. Trumbull CTRM: 5, 4th Floor

Apple Inc.'s Second Amended Notice of Motion to Compel James Eakin to Produce Documents Pursuant to Subpoena Duces Tecum

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

Dockets.Justia.com

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TO JAMES A. EAKIN, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that defendant Apple, Inc.'s Motion To Compel James Eakin To Produce Documents Pursuant to Subpoena Duces Tecum (D.I. 142) originally noticed for August 24, 2010 will now be heard on Tuesday, October 5, 2010, or as soon as the matter may be heard. Apple is renoticing its motion to accommodate Mr. Eakin's request for an additional extension of time, and to give Mr. Eakin additional time to perform a reasonable search for documents that are responsive to Apple's subpoena. Apple's motion is based upon the points and authorities in support of the motion set forth in its original filing as well as the declaration and exhibits filed concurrently therewith.

Dated: August 19, 2010

WEIL, GOTSHAL & MANGES LLP

By:

/s/ Derek C. Walter Derek C. Walter Attorney for Apple Inc.

Apple Inc.'s Second Amended Notice of Motion to Compel James 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 August 19, 2010, I served a copy of: APPLE INC.'S AMENDED NOTICE OF 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. The Law Offices of James E. Eakin 855 Oak Grove Avenue Suite 107 Menlo Park, CA 94025 [e-mail] I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on August 19, 2010, at Redwood Shores, California. /s/ Derek C. Walter Derek C. Walter

Apple Inc.'s Second Amended Notice of Motion to Compel James Eakin to Produce Documents Pursuant to Subpoena Duces Tecum

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