Elan Microelectronics Corporation v. Apple, Inc.

Filing 434

STIPULATION AND ORDER TO EXTEND DEADLINES TO ALLOW FOR FINALIZATION OF SETTLEMENT. Signed by Judge Richard Seeborg on 9/28/11. (cl, COURT STAFF) (Filed on 9/28/2011)

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*E-Filed 9/28/11* 1 2 3 4 5 6 7 8 9 10 11 YITAI HU (SBN 248085) yitai.hu@alston.com SEAN P. DEBRUINE (SBN 168071) sean.debruine@alston.com ELIZABETH H. RADER (SBN 184963) elizabeth.rader@alston.com JANE HAN BU (SBN 240081) jane.bu@alston.com JENNIFER LIU (SBN 268990) celine.liu@alston.com PALANI P. RATHINASAMY (SBN 269852) palani.rathinasamy@alston.com ALSTON & BIRD LLP 275 Middlefield Road, Suite 150 Menlo Park, CA 94025-4008 Telephone: 650-838-2000 Facsimile: 650-838-2001 Attorneys for Plaintiff ELAN MICROELECTRONICS CORPORATION MATTHEW D. POWERS (Bar No. 104795) matthew.powers@tensegritylawgroup.com TENSEGRITY LAW GROUP LLP 201 Redwood Shores Parkway, Suite 401 Redwood Shores, CA 94065 Telephone: (650) 802-6000 Facsimile: (650) 802-6001 JARED BOBROW (Bar No. 133712) jared.bobrow@weil.com SONAL N. MEHTA (Bar No. 222086) sonal.mehta@weil.com DEREK WALTER (Bar No. 246322) derek.walter@weil.com NATHAN GREENBLATT (Bar No. 262279) nathan.greenblatt@weil.com WEIL, GOTSHAL & MANGES LLP Silicon Valley Office 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: (650) 802-3000 Facsimile: (650) 802-3100 12 Attorneys for Defendant and Counterclaim Plaintiff, APPLE INC. 13 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 18 19 20 ELAN MICROELECTRONICS CORPORATION, Plaintiff and Counterclaim Defendant, 21 22 23 24 25 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. 26 27 28 STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES Case No. C-09-01531 RS (PSG) 1 2 Defendant Apple, Inc. (“Apple”) and Plaintiff Elan Microelectronics Corporation (“Elan”), by and through their respective counsel of record, hereby stipulate as follows: 3 4 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; 5 6 WHEREAS, the parties have a number of depositions scheduled to take place in the coming weeks; 7 WHEREAS, pursuant to the September 9, 2011 Order Re Defendant Elan 8 Microelectronics Corporation’s Motions To Compel (D.I. 423), Apple is to produce certain 9 documents by September 30, 2011; 10 WHEREAS, on September 12, 2011, the parties submitted a stipulation proposing 11 dates for the filing and adjudication of additional dispositive motions, expert reports and a trial in 12 this matter (D.I. 425); 13 WHEREAS, on September 21, 2011, the parties attended a settlement conference 14 before Magistrate Judge Spero and reached an agreement in principle to settle this litigation (D.I. 15 432); 16 17 WHEREAS, the parties will be drafting a settlement agreement to formalize that agreement in principle in the coming weeks; 18 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, 19 through their respective counsel, that, subject to the Court’s approval, that the dates and deadlines 20 described above be extended to allow the parties to finalize a settlement. The parties stipulate, 21 subject to the Court’s approval, that the close of fact discovery be extended to October 31, 2011, 22 that the deadline for Apple to produce documents pursuant to the September 9, 2011 Order be 23 extended to October 28, 2011, and that, in the event a settlement is not finalized, they will work 24 together to reschedule depositions. The parties further stipulate, subject to the Court’s approval, 25 that, the dates relating to dispositive motions proposed in the September 21, 2011 stipulation not 26 be in effect, and that, in the event a settlement is not finalized, they will work together to propose 27 a revised case schedule for the filing and adjudication of additional dispositive motions, expert 28 STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES 2 Case No. C-09-01531 RS (PSG) 1 2 3 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 4 ALSTON & BIRD LLP Attorneys For Elan Microelectronics Corporation 5 6 DATED: September 23, 2011 /s/ Sonal N. Mehta Sonal N. Mehta 7 WEIL, GOTSHAL & MANGES LLP Attorneys for Apple Inc. 8 9 10 PURSUANT TO STIPULATION, IT IS SO ORDERED. 11 12 13 9/28/11 DATED: __________________ 14 __________________________________ Honorable Richard Seeborg United States District Court Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND PROPOSED ORDER RE: SCHEDULING 3 Case No. C-09-01531 RS (PSG)

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