Tessera, Inc. v. Sony Corporation

Filing 47

ORDER ON 43 DEFENDANTS' MOTION TO SHORTEN TIME. The motion for a protective order is deemed suitable for determination without oral argument. Accordingly, the July 31, 2012 heaing is VACATED. Defendant's request for hearing on July 3 is D ENIED. The following briefing schedule shall apply: Plaintiff shall file its opposition no later than July 3, 2012. Defendant shall file any reply no later than July 5, 2012. Any and all future discovery disputes must be resolved by complying with the undersigned's Standing Order re: Civil Discovery Disputes. Signed by Magistrate Judge Howard R. Lloyd on 6/28/2012. (hrllc1, COURT STAFF) (Filed on 6/29/2012)

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** E-filed June 28, 2012 **

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

NOT FOR CITATION

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United States District Court

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SAN JOSE DIVISION

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TESSERA, INC.,
Plaintiff,

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v.
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SONY, CORP.,

No. C11-04399 EJD (HRL)
ORDER ON DEFENDANT SONY’S
MOTION TO SHORTEN TIME ON
ITS MOTION FOR A PROTECTIVE
ORDER

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Defendant.
____________________________________/

[Re: Docket No. 43]

On June 26, 2012, Sony Corp. (“Sony”) filed a Motion for a Protective Order to limit

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depositions scheduled to take place beginning July 9, 2012 in Osaka, Japan. Dkt. Nos. 44, 45. The

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motion is currently set for hearing on July 31, 2012. Dkt. No. 45. Sony simultaneously filed a

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Motion to shorten time on the motion for a protective order, requesting an extremely accelerated

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briefing schedule and a hearing on July 3, 2012. Dkt. No. 43. As a preliminary matter, the court

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notes that Sony has failed to comply with the undersigned’s Standing Order re: Civil Discovery

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Disputes. The Standing Order requires parties to resolve all discovery disputes by first having lead

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counsel for the parties meet and confer in person, and, if such conference fails to resolve the issue,

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filing a Joint Discovery Dispute Joint Report in which each party proposes its resolution and the

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legal authority supporting its proposal. Normally, this court will not hear any noticed discovery

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motion, and will instead order the parties to comply with the undersigned’s Standing Order.

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However, in light of the pressing nature of this dispute, and the fact that Sony has left extremely

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little time for its resolution, it appears that the court must hear the motion in as expeditious a fashion

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as possible. Accordingly, the court ORDERS the following:

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All parties shall comply with the undersigned’s Standing Order re: Civil Discovery Disputes

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for any and all future discovery disputes. It is the responsibility of the parties not to let disputes go

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unresolved until the last possible moment.

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The motion for a protective order is deemed suitable for determination without oral

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argument. See Civil L.R. 7-1(b). Accordingly, the July 31, 2012 hearing is VACATED. In addition,

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Sony’s request for a hearing to take place on July 3, 2012 is DENIED.

For the Northern District of California

The following expedited briefing schedule shall apply: Tessera shall file its opposition brief

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United States District Court

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no later than July 3, 2012. Sony shall file any reply no later than July 5, 2012. The court will issue a

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written order.

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IT IS SO ORDERED.
Dated: June 28, 2012
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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C11-04399 EJD (HRL) Notice will be electronically mailed to:

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Melissa McCormick
Benjamin Hattenbach
Brian Ledahl
Morgan Chu
Nathan Lowenstein
Richard Krebs
Eileen Ridley
Aaron Moore
Matthew Lowrie
Ruben Rodrigues

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[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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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.

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For the Northern District of California

United States District Court

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