Openwave Systems, Inc. v. 724 Solutions (US) Inc et al

Filing 187

ORDER DENYING 186 Stipulation Shortening Time to Hear Openwave's Motion for Permission to Disclose Protected Material to Chetan Sharma and VACATING 185 Re-Noticed Hearing Date (Other). The July 13 hearing date re-noticed by Openwave is vacated. Openwave's motion shall be heard on 08/03/2010. Any opposition shall be filed by 07/13/2010 and any reply shall be filed by 07/20/2010. Signed by Magistrate Judge Howard R. Lloyd on 06/24/2010. (hrllc1, COURT STAFF) (Filed on 6/24/2010)

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** E-filed June 24, 2010 **

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION OPENWAVE SYSTEMS, INC., a Delaware corporation, and OPENWAVE SYSTEMS (ROI) LTD., its Republic of Ireland subsidiary, v. Plaintiffs, No. C09-03511 RS (HRL) ORDER DENYING STIPULATION SHORTENING TIME TO HEAR OPENWAVE'S MOTION FOR PERMISSION TO DISCLOSE PROTECTED MATERIAL TO CHETAN SHARMA [Re: Docket Nos. 185 & 186]

United States District Court

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For the Northern District of California

724 SOLUTIONS (US) INC., a Delaware corporation, and 724 SOLUTIONS SOFTWARE INC., a Delaware corporation, Defendants.

AND RELATED COUNTERCLAIMS ____________________________________/ On April 14, Openwave filed a motion for permission to disclose information designated as Protected Material by 724 Solutions under the Protective Order in the case to Openwave's retained expert witness Chetan Sharma. (Docket No. 162.) The original hearing date on that motion was vacated since 724 Solutions had to retain new counsel. (Docket No. 167.) 724 Solutions did so, and now the parties have stipulated to shorten the time to hear Openwave's motion. (Docket No. 186.) Openwave re-noticed its motion for July 13 per this stipulation. (Docket No. 185.) The stipulation, however, does not set forth facts supporting good cause to shorten the time for hearing. (See generally, id.) This Court therefore DENIES the parties' stipulation shortening

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time to hear Openwave's motion and VACATES the re-noticed hearing date of July 13. Instead, the hearing date and the briefing schedule shall be determined pursuant to Civil Local Rule 7 as normal. Accordingly, Openwave's Motion for Permission to Disclose Protected Material to Chetan Sharma shall be heard on Tuesday, August 3, 2010 at 10:00 a.m. in Courtroom 2, at the United States Courthouse, 280 South First Street in San Jose, California. 724 Solutions shall serve and file any opposition to this motion by July 13, 2010, and Openwave shall serve and file any reply by July 20, 2010. IT IS SO ORDERED. Dated: June 24, 2010 HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

United States District Court

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For the Northern District of California

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C09-03511 RS (HRL) Notice will be electronically mailed to: Brett Michael Schuman Claude M. Stern Daniel Johnson , Jr Evette Dionna Pennypacker Jesse Geraci Michael Henry Page Ray R. Zado Ryan Lindsay Scher [e-mail], [e-mail] [e-mail], [e-mail] [e-mail] [e-mail] [e-mail], [e-mail], [e-mail] [e-mail], [e-mail] [e-mail] [e-mail], [e-mail], [e-mail], [e-mail], [e-mail]

Notice will be sent by other means to: Thai Le Quinn Emanuel Urquhart & Sullivan, LLP 555 Twin Dolphin Drive 5th Floor #560 Redwood Shores, CA 94065-2139 Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.

United States District Court

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For the Northern District of California

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