Elan Microelectronics Corporation v. Apple, Inc.

Filing 433

STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES TO ALLOW FOR FINALIZATION OF SETTLEMENT by Apple, Inc., Elan Microelectronics Corporation. (Greenblatt, Nathan) (Filed on 9/23/2011)

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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
ELAN MICROELECTRONICS
CORPORATION

MATTHEW D. POWERS (Bar No. 104795)
[e-mail]
TENSEGRITY LAW GROUP LLP
201 Redwood Shores Parkway, Suite 401
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]
JARED BOBROW (Bar No. 133712)
[e-mail]
SONAL N. MEHTA (Bar No. 222086)
[e-mail]
DEREK 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]

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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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ELAN MICROELECTRONICS
CORPORATION,
Plaintiff and Counterclaim
Defendant,

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Case No. C-09-01531 RS (PSG)
STIPULATION AND [PROPOSED]
ORDER TO EXTEND DEADLINES TO
ALLOW FOR FINALIZATION OF
SETTLEMENT

v.
Hon. Richard Seeborg
APPLE INC.,
Defendant and Counterclaim
Plaintiff.

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STIPULATION AND [PROPOSED] ORDER TO EXTEND
DEADLINES

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

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Defendant Apple, Inc. (“Apple”) and Plaintiff Elan Microelectronics Corporation
(“Elan”), by and through their respective counsel of record, hereby stipulate as follows:

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WHEREAS, pursuant to the August 5, 2011 Case Management Scheduling Order
(D.I. 380), the fact discovery cutoff in this case is presently scheduled for October 3, 2011;

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WHEREAS, the parties have a number of depositions scheduled to take place in
the coming weeks;

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WHEREAS, pursuant to the September 9, 2011 Order Re Defendant Elan

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Microelectronics Corporation’s Motions To Compel (D.I. 423), Apple is to produce certain

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documents by September 30, 2011;

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WHEREAS, on September 12, 2011, the parties submitted a stipulation proposing

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dates for the filing and adjudication of additional dispositive motions, expert reports and a trial in

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this matter (D.I. 425);

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WHEREAS, on September 21, 2011, the parties attended a settlement conference

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before Magistrate Judge Spero and reached an agreement in principle to settle this litigation (D.I.

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432);

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WHEREAS, the parties will be drafting a settlement agreement to formalize that
agreement in principle in the coming weeks;

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties,

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through their respective counsel, that, subject to the Court’s approval, that the dates and deadlines

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described above be extended to allow the parties to finalize a settlement. The parties stipulate,

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subject to the Court’s approval, that the close of fact discovery be extended to October 31, 2011,

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that the deadline for Apple to produce documents pursuant to the September 9, 2011 Order be

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extended to October 28, 2011, and that, in the event a settlement is not finalized, they will work

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together to reschedule depositions. The parties further stipulate, subject to the Court’s approval,

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that, the dates relating to dispositive motions proposed in the September 21, 2011 stipulation not

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be in effect, and that, in the event a settlement is not finalized, they will work together to propose

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a revised case schedule for the filing and adjudication of additional dispositive motions, expert

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STIPULATION AND [PROPOSED] ORDER TO EXTEND
DEADLINES

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

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reports and a trial in this matter.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: September 23, 2011

/s/ Sean P. DeBruine ______
Sean P. DeBruine

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ALSTON & BIRD LLP
Attorneys For Elan Microelectronics Corporation

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DATED: September 23, 2011

/s/ Sonal N. Mehta
Sonal N. Mehta

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WEIL, GOTSHAL & MANGES LLP
Attorneys for Apple Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: __________________

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__________________________________
Honorable Richard Seeborg
United States District Court Judge

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STIPULATION AND PROPOSED ORDER RE:
SCHEDULING

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

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FILER’S ATTESTATION

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I, Sonal N. Mehta, am the ECF User whose ID and password are being used to file
this STIPULATION AND [PROPOSED] ORDER REGARDING (1) DISPOSITIVE MOTION,
(2) EXPERT REPORT, AND (3) TRIAL SCHEDULING. In compliance with General Order 45,
paragraph X.B. I hereby attest that Sean DeBruine has concurred in this filing.

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By:
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/s/ Sonal N. Mehta
Sonal N. Mehta

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STIPULATION AND PROPOSED ORDER RE:
SCHEDULING

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