Tessera, Inc. v. UTAC (Taiwan) Corporaiton

Filing 112

STIPULATION AND ORDER extending the deadline to file a Discovery Dispute Joint Report to March 27, 2013. Signed by Magistrate Judge Howard R. Lloyd on March 22, 2013. (hrllc1, COURT STAFF) (Filed on 3/22/2013)

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MICHAEL F. HEAFEY (SBN: 153499) ([e-mail])
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, CA 94025-1015
Tel: [phone]
Fax: [phone]

*E-FILED: March 22, 2013*

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LAWRENCE B. FRIEDMAN (pro hac vice) ([e-mail])
DAVID H. HERRINGTON (pro hac vice) ([e-mail])
CLEARY GOTTLIEB STEEN & HAMILTON LLP
One Liberty Plaza
New York, NY 10006-1470
Tel: [phone]
Fax: [phone]

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Attorneys for Defendant UTAC (Taiwan) Corporation
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MORGAN CHU (SBN: 70446) ([e-mail])
JOSEPH M. LIPNER (SBN: 155735) ([e-mail])
LAURA E. EVANS (SBN: 254547) ([e-mail])
JENNIFER R. BUNN (SBN: 281590) ([e-mail])
IRELL & MANELLA LLP
1800 Avenue of the Stars, Suite 900
Los Angeles, CA 90067-4276
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff Tessera, Inc.

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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TESSERA, INC.,

Case No. CV 10-4435-EJD (HRL)
Plaintiff,

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v.
UTAC (TAIWAN) CORPORATION,

Civil Local Rule 6-2

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STIPULATION REQUESTING AN
ORDER TO EXTEND THE DEADLINE
TO FILE A DISCOVERY DISPUTE
JOINT REPORT

Defendant.

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STIPULATION REQUESTING AN ORDER
TO EXTEND THE DEADLINE TO FILE A
DISCOVERY DISPUTE JOINT REPORT

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IT IS HEREBY STIPULATED AND AGREED, by and among Plaintiff Tessera, Inc.

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(“Tessera”) and Defendant UTAC (Taiwan) Corporation (“UTC”), by and through their

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undersigned counsel as follows:

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1.

WHEREAS, the Court issued an Order on June 26, 2012 setting forth a schedule

for this case (the “Original Schedule”);
2.

WHEREAS, on January 3, 2013, the Court granted the parties’ stipulation to extend

the dates in the Original Schedule by three weeks (Dkt. No. 97);
3.

WHEREAS, on January 30, 2013, the Court granted the parties’ stipulation to

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continue the case management conference and initial phase discovery cutoff to February 22, 2013

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and February 28, 2013, respectively; and to extend the expert discovery cutoff and the deadline to

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file dispositive motions to May 17, 2013 and May 31, 2013, respectively (Dkt. No. 100);

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4.

WHEREAS, the Standing Order Re: Civil Discovery Disputes directs that in no

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event may a Joint Report be filed later than 7 days after the discovery cut-off date(s), as prescribed

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in Civil L.R. 37-3;

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5.

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March 7, 2013;

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6.

WHEREAS, 7 days after the fact discovery cut-off date of February 28, 2013 is

WHEREAS, the parties reached an agreement with respect to all of the documents

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on UTC’s privilege log on March 7, 2013, but through inadvertence on UTC's part, of which UTC

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informed Tessera on March 8, 2013, an issue remains as to three of the documents, specifically

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those described in rows 24, 42, and 44 of the log;

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7.

WHEREAS, the parties were preparing to file a Joint Report by the March 7, 2013

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deadline on UTC’s assertion of the attorney-client privilege but have resolved the vast majority of

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issues amicably, including with respect to all but three of the documents on UTC’s privilege log,

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specifically those described in rows 24, 42, and 44 of the log;

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8.

WHEREAS, the only questions remaining are (a) the issue of asserting privilege at

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Ken Hsieh's deposition based on Mr. Hsieh's status at UTC, (b) the privilege instruction given at

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Mr. Shan's deposition at pages 48-49 on the transcript, (c) the documents described in rows 24, 42,

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STIPULATION REQUESTING AN ORDER
TO EXTEND THE DEADLINE TO FILE A
DISCOVERY DISPUTE JOINT REPORT

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and 44 of UTC’s privilege log, and (d) certain issues relating to Tessera’s supplemental privilege

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logs produced on March 6, 2013;

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WHEREAS, the parties are hopeful that, by consulting with one another and their

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clients further they may eliminate or at least narrow these remaining disputes, and believe it would

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be more efficient to extend the deadline to file any Joint Report on this issue until March 25, 2013;

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10.

WHEREAS, Tessera agreed to produce certain documents to UTC, which

documents are subject to confidentiality agreements Tessera has with third parties;
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WHEREAS, Tessera’s counsel informed UTC that several third parties had

objected to the production of such documents and by email dated March 6, 2013 identified these
third parties (fewer than 10);
12.

WHEREAS, UTC intends to contact such third parties in order to meet and confer

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and resolve this issue, or, if necessary, seek relief from the Court pursuant to a Joint Report filed

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by UTC and such third party;

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13.

WHEREAS, the parties to this action believe that it would be more efficient and

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that these circumstances warrant extension of the deadline to file any Joint Report until March 25,

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2013, in order to allow UTC time to seek discovery of these third-party documents;

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14.

WHEREAS, the parties to this Action agree that there would be no prejudice to the

parties in extending the deadline to file a Joint Report;

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15.

WHEREAS, both parties concur in the filing of this document;

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the

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parties appearing below through their undersigned respective attorneys of record, based on the

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foregoing, and subject to the approval of this Court, that:

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The deadline to submit Joint Reports addressing the discovery disputes (identified in

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paragraphs 8 and 12 above) relating to fact discovery, which closed on February 28, 2013, shall be

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extended to March 25, 2013.

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STIPULATION REQUESTING AN ORDER
TO EXTEND THE DEADLINE TO FILE A
DISCOVERY DISPUTE JOINT REPORT

ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The deadline to submit Joint
Reports addressing the discovery disputes (identified in paragraphs 8 and 12 above) relating to fact
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discovery, which closed on February 28, 2013, shall be extended to March 25, 2013.
March 22, 2013
Dated: _________________

___________________________________
Howard R. Lloyd
UNITED STATES MAGISTRATE JUDGE

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STIPULATION REQUESTING AN ORDER
TO EXTEND THE DEADLINE TO FILE A
DISCOVERY DISPUTE JOINT REPORT

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SO STIPULATED.

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Dated: March 13, 2013
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CLEARY GOTTLIEB STEEN & HAMILTON LLP
By:

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/s/ David H. Herrington
LAWRENCE B. FRIEDMAN (pro hac vice)
DAVID H. HERRINGTON (pro hac vice)
One Liberty Plaza
New York, NY 10006-1470

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MICHAEL F. HEAFEY
ORRICK HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, CA 94025-1015

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Attorneys for Defendant UTAC (Taiwan) Corporation

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IRELL & MANELLA LLP

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By:

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/s/ Joseph M. Lipner
MORGAN CHU
JOSEPH M. LIPNER
LAURA E. EVANS
JENNIFER R. BUNN
1800 Avenue of the Stars, Suite 900
Los Angeles, California 90067-4276

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Attorneys for Plaintiff Tessera, Inc.

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CERTIFICATION PURSUANT TO CIVIL LOCAL RULE 5-1(i)(3)

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Pursuant to Civil Local Rule 5-1(i)(3), I, David H. Herrington, attest that the above

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signatories for the Plaintiff have concurred and consented to the filing of this document.

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DATED: March 13, 2013

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/s/ David H. Herrington
David H. Herrington (pro hac vice)

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STIPULATION REQUESTING AN ORDER
TO EXTEND THE DEADLINE TO FILE A
DISCOVERY DISPUTE JOINT REPORT