Elan Microelectronics Corporation v. Apple, Inc.

Filing 276

ORDER DENYING MOTION TO EXTEND TIME. by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 6/9/2011)

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*E-Filed 6/9/11* 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION 12 ELAN MICROELECTRONICS CORPORATION, Plaintiff, v. 13 APPLE, INC., 14 Defendant. ____________________________________/ 11 For the Northern District of California United States District Court 10 15 16 17 18 19 20 21 22 23 No. C 09-01531 RS ORDER DENYING MOTION TO EXTEND TIME Elan’s motion to extend the deadline for filing its reply brief in support of its motion for partial summary judgment to allow it time to depose Apple’s expert witness is denied. Elan has not shown good cause for its failure to anticipate these circumstances, or to address them with more celerity than by a motion filed after business hours on the day before the opposition was due. Furthermore, the possibility that the testimony sought would be dispositive to the motion is de minimis. Even in the event that Elan shows that its motion should be granted in whole or part but for some factual issue arising from the declaration of Apple’s expert witness, there is little chance that a the expert’s deposition would elicit testimony putting that factual issue to rest. Elan shall file its reply brief no later than June 16, 2011. 24 25 IT IS SO ORDERED. 26 Dated: 6/9/11 27 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 28 1 NO. C 09‐01531 RS

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