Carnegie Mellon University v. Marvell Technology Group et al

Filing 23

STIPULATION AND ORDER re 22 Modifying Hearing Date and Briefing Schedule re 1 plaintiff's motion to compel. Motion hearing continued to 5/31/2011, 10:00 AM. Briefing deadlines adjusted accordingly. Signed by Magistrate Judge Howard R. Lloyd on 5/2/2011. (hrllc2, COURT STAFF) (Filed on 5/2/2011)

*E-FILED 05-02-2011*
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JON MICHAELSON (Bar No. 83816)
E-mail: [e-mail]
K&L GATES LLP
630 Hansen Way
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]

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GREGORY F. WESNER
E-mail: [e-mail]
DANIEL H. ROYALTY
E-mail: [e-mail]
JONATHAN H. HARRISON
E-mail: [e-mail]
K&L GATES LLP
925 Fourth Avenue, Suite 2900
Seattle, WA 98104-1158
Telephone: [phone]
Facsimile: [phone]

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(Pro hac vice applications pending)

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SIMON FRANKEL (Bar No. 139669)
E-mail: [e-mail]
ROBERT WILLIAMS (Bar No. 247428)
E-mail: [e-mail]
Covington & Burling LLP
One Front Street
San Francisco, California 94111-4682
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff
CARNEGIE MELLON UNIVERSITY

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Attorneys for Third Party
SAMSUNG SEMICONDUCTOR, INC.

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CARNEGIE MELLON UNIVERSITY
Plaintiff,
v.
MARVELL TECHNOLOGY GROUP
and MARVELL SEMICONDUCTOR,
INC.,
Defendants.

Case No.: 5:11-mc-80078-JF
STIPULATION AND ==========
PROPOSED
ORDER MODIFYING HEARING
DATE AND BRIEFING SCHEDULE
FOR PLAINTIFF’S MOTION TO
COMPEL
Date: May 24, 2011
Time: 10:00 am
Dept: Courtroom 2, 5th Floor
Judge: Magistrate Judge Howard R. Lloyd

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Carnegie Mellon University (“CMU”), plaintiff in an action pending in the Western
District of Pennsylvania, initiated this proceeding to compel third-party Samsung
Semiconductor, Inc. (“SSI”) to comply with subpoenas. CMU’s Motion to Compel SSI’s

STIPULATION AND ORDER MODIFYING DATES
Case No.: 5:11-mc-80078-JF

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Compliance With FRCP 45 Document and Deposition Subpoenas (“Motion”) is presently set

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for hearing before the Court on May 24, 2011. CMU and SSI hereby stipulate to and request

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that the hearing date be re-set for May 31, 2011.

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CMU and SSI further stipulate to and request a modification of the briefing deadlines to

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coincide with the May 31, 2011 hearing date. Specifically, pursuant to Civil Local Rule 7-3, the

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parties hereby request that SSI’s Opposition to the Motion be due on or before May 10, 2011,

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and CMU’s Reply is due on or before May 17, 2011. The current and requested modifications

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are set forth below:

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Current Deadline

Stipulated Deadline

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SSI’s Opposition Briefing:

May 3, 2011

May 10, 2011

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CMU’s Reply Briefing:

May 10, 2011

May 17, 2011

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Hearing:

May 24, 2011

May 31, 2011

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The parties agree that the interests of justice would be served by a one week extension of

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all deadlines, as SSI requires additional time is required to analyze and brief the issues raised by

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the Motion (including as a result of changes in staffing of SSI in-house counsel involved in

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responding to the underlying subpoena). In addition, judicial resources may also be conserved

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as the parties have an interest in attempting to resolve the issues in CMU’s Motion without

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judicial intervention, obviating further briefing and the scheduled hearing.

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THEREFORE, IT IS HEREBY STIPULATED, AGREED, AND REQUESTED by the

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parties, through their respective counsel, that SSI’s Opposition be due on or before May 10,

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2011, CMU’s Reply be due on or before May 17, 2011, and that the hearing currently scheduled

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to take place on May 24, 2011 be re-set for May 31, 2011 at 10:00 a.m., or on such a date and at

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such a time thereafter as is convenient for the Court.

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Dated: April 29, 2011

By:

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/s/ Dan Royalty
Dan Royalty
K&L GATES LLP
Attorneys for Plaintiff
CARNEGIE MELLON UNIVERSITY

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STIPULATION AND ORDER MODIFYING DATES
Case No.: 5:11-mc-80078-JF

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Dated: April 29, 2011

By:

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/s/ Simon Frankel
Simon J. Frankel
Robert Williams
COVINGTON & BURLING LLP

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Attorneys for Third Party
SAMSUNG SEMICONDUCTOR, INC.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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May 2
DATED: _______________, 2011

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__________________________________
Hon. Howard R. Lloyd
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER MODIFYING DATES
Case No.: 5:11-mc-80078-JF

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ECF CERTIFICATION

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I, Simon J. Frankel, am the ECF User whose identification and password are being

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used to file this Stipulation And Proposed Order Modifying Hearing Date And Briefing

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Schedule For Plaintiff’s Motion To Compel. In compliance with General Order 45.X.B, I

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hereby attest that Dan Royalty has concurred in this filing.

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DATED: April 29, 2010

COVINGTON & BURLING LLP

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By:

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/s/ Simon J. Frankel________________
Simon J. Frankel

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ATTORNEYS FOR SAMSUNG
SEMICONDUCTOR, INC.

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STIPULATION AND ORDER MODIFYING DATES
Case No.: 5:11-mc-80078-JF

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