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)

*E-Filed 6/9/11*

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ELAN MICROELECTRONICS
CORPORATION,
Plaintiff,
v.

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APPLE, INC.,

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Defendant.
____________________________________/

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For the Northern District of California

United States District Court

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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.

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IT IS SO ORDERED.

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Dated: 6/9/11

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RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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NO. C 09‐01531 RS