Elan Microelectronics Corporation v. Apple, Inc.

Filing 167

Notice of Withdrawal Of Apple Inc.'s Motion To Compel James Eakin To Produce Documents Pursuant To Subpoena Duces Tecum [D.I. 142] (Greenblatt, Nathan) (Filed on 8/26/2010) Modified on 9/2/2010 (tsh, COURT STAFF).

Elan Microelectronics Corporation v. Apple, Inc.

Doc. 167

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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) NOTICE OF WITHDRAWAL OF APPLE INC.'S MOTION TO COMPEL JAMES EAKIN TO PRODUCE DOCUMENTS PURSUANT TO SUBPOENA DUCES TECUM [D.I. 142] JURY TRIAL DEMANDED DATE: October 5, 2010 TIME: 10:00 a.m. JUDGE: Patricia V. Trumbull CTRM: 5, 4th Floor

NTC OF WITHDRAWAL OF MOTION TO COMPEL JAMES EAKIN TO PRODUCE DOCUMENTS

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Duces Tecum (D.I. 142) originally noticed for August 24, 2010 and currently noticed for October 5, 2010, is hereby withdrawn. Apple originally filed its Motion to obtain compliance with a subpoena duces tecum served on third party James Eakin. After a number of communications with Mr. Eakin, Apple is withdrawing its motion to compel based on Mr. Eakin's representations that: he (a) never maintained relevant files in his home, (b) performed a keyword search for responsive documents on the electronic files he has currently, (c) no longer has possession, custody or control of the computers on which he expects responsive documents to have been stored, (d) had a storage facility--the only location he believed was likely to have responsive documents--searched by a colleague, and (e) found no responsive documents in any of these locations.

Dated: August 26, 2010

WEIL, GOTSHAL & MANGES LLP

By:

/s/ Nathan Greenblatt Nathan Greenblatt Attorneys for Apple Inc.

NTC OF WITHDRAWAL OF MOTION TO COMPEL JAMES EAKIN TO PRODUCE DOCUMENTS

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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 26, 2010, I served a copy of: NOTICE OF WITHDRAWAL OF APPLE INC.'S MOTION TO COMPEL JAMES EAKIN TO PRODUCE DOCUMENTS PURSUANT TO SUBPOENA DUCES TECUM [D.I. 142] 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 26, 2010, at Redwood Shores, California. /s/ Nathan Greenblatt Nathan Greenblatt

NTC OF WITHDRAWAL OF MOTION TO COMPEL JAMES EAKIN TO PRODUCE DOCUMENTS

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