Elan Microelectronics Corporation v. Apple, Inc.

Filing 304

STIPULATION / Stipulation and [Proposed] Order Modifying Case Management Scheduling Order by Elan Microelectronics Corporation. (DeBruine, Sean) (Filed on 6/21/2011)

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YITAI HU (SBN 248085)
[e-mail]
SEAN P. DEBRUINE (SBN 168071)
[e-mail]
ELIZABETH H. RADER (SBN 184963)
[e-mail]
JANE HAN BU (SBN 240081)
[e-mail]
JENNIFER LIU (SBN 268990)
[e-mail]
PALANI P. RATHINASAMY (SBN 269852)
[e-mail]
ALSTON & BIRD LLP
275 Middlefield Road, Suite 150
Menlo Park, CA 94025-4008
Telephone: [phone]
FACSIMILE: 650-838-2001
Attorneys for Plaintiff and Counterdefendant
ELAN MICROELECTRONICS
CORPORATION

MATTHEW D. POWERS (Bar No. 104795)
[e-mail]
JARED BOBROW (Bar No. 133712)
[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.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ELAN MICROELECTRONICS
CORPORATION,

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v.

Plaintiff and Counterdefendant,

APPLE, INC.,

Case No. 09-cv-01531 RS (PSG)
STIPULATION AND [PROPOSED]
ORDER MODIFYING CASE
MANAGEMENT SCHEDULING
ORDER

Defendant and Counterplaintiff.
AND RELATED COUNTERCLAIMS

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STIPULATION AND [PROPOSED] ORDER MODIFYING CASE
MANAGEMENT SCHEDULING ORDER

Case No. 09-cv-01531 RS (PSG)

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WHEREAS, the January 28, 2011Case Management Scheduling Order (Dkt. No. 192) set

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a fact discovery deadline of July 15, 2011 and an expert discovery deadline of October 28, 2011;

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WHEREAS, Plaintiff Elan Microelectronics Corporation (“Elan”) and Defendant Apple,

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Inc. (“Apple”) have been working to complete outstanding discovery, including inter alia, written

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discovery, supplemental production of documents and pending depositions;

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WHEREAS, there are pending motions before Magistrate Judge Grewal that may impact
fact discovery to be conducted by the parties;
WHEREAS, counsel for Elan and counsel for Apple have met and conferred, and have

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agreed that a one month extension for the fact discovery deadline and one week extensions for all

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expert discovery deadlines would facilitate the completion of fact discovery, including following

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resolution of the pending motions;

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WHEREAS, the parties respectfully submit that adequate time remains after the proposed

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new expert discovery cut-off date and before pretrial proceeding deadlines that the requested

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extension will not impact the deadline for filing of dispositive motions or other pretrial deadlines

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and will not necessitate additional changes to the remaining schedule deadline or the trial date, or

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disturb the holidays any further; and

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NOW, THEREFORE, the parties respectfully request that the Court enter an order

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modifying the Case Management Scheduling Order as follows:

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Event
All non-expert discovery shall
be completed by the parties
Plaintiff shall disclose expert
testimony and reports in
accordance with Federal Rule
of Civil Procedure 26(a)(2)
Defendant shall disclose
expert testimony and reports
in accordance with Federal
Rule of Civil Procedure
26(a)(2)
All discovery of expert
witnesses pursuant to Federal
Rule of Civil Procedure
26(b)(4) shall be completed

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Old Date
July 15, 2011

New Date
August 12, 2011

September 2, 2011

September 9, 2011

October 7, 2011

October 14, 2011

October 28, 2011

November 4, 2011

STIPULATION AND [PROPOSED] ORDER MODIFYING CASE
MANAGEMENT SCHEDULING ORDER

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Case No. 09-cv-01531 RS (PSG)

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DATED: June 21, 2011

Respectfully submitted,
ALSTON & BIRD LLP

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By:

/s/ Sean P. DeBruine
Sean P. DeBruine
Attorneys for Plaintiff and Counterdefendant
ELAN MICROELECTRONICS CORPORATION

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DATED: June 21, 2011

WEIL, GOTSHAL & MANGES LLP

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By:

/s/ Sonal N. Mehta
Sonal N. Mehta
Attorneys for Defendant and Counterclaim Plaintiff
APPLE INC.

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[PROPOSED] ORDER
PURSUANT TO STIPULATION IT IS SO ORDERED.

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DATED: _________, 2011

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UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER MODIFYING CASE
MANAGEMENT SCHEDULING ORDER

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Case No. 09-cv-01531 RS (PSG)

FILER’S ATTESTATION

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Pursuant to General Order No. 45, Section X (B) regarding signatures, I, Sean P. DeBruine,
attest that concurrence in the filing of this document has been obtained.
/s/ Sean P. DeBruine
Sean P. DeBruine

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LEGAL02/32694614v3

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STIPULATION AND [PROPOSED] ORDER MODIFYING CASE
MANAGEMENT SCHEDULING ORDER

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Case No. 09-cv-01531 RS (PSG)