Google Inc. v. Rockstar Consortium US LP et al

Filing 142

Unopposed MOTION to Stay filed by MobileStar Technologies LLC, Rockstar Consortium US LP. Responses due by 12/5/2014. Replies due by 12/12/2014. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Budwin, Joshua) (Filed on 11/21/2014) Modified on 11/24/2014 (cpS, COURT STAFF).

1 QUINN EMANUEL URQUHART
Courtland L. Reichman (SBN 268873)
& SULLIVAN, LLP
Mike McKool (Admitted Pro Hac Vice)
Charles Verhoeven (Cal. Bar No. 170151)
Douglas A. Cawley (Admitted Pro Hac Vice)
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Sean Pak (Cal. Bar No. 219032)
Ted Stevenson III (Admitted Pro Hac Vice)
David Eiseman (Cal. Bar No. 114758)
David Sochia (Admitted Pro Hac Vice)
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Kristin J. Madigan (Cal. Bar No. 233436)
[e-mail]
quinn-google-n.d.cal.-13-05933
McKool Smith Hennigan, P.C.
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@quinnemanuel.com
255 Redwood Shores, CA 94065
50 California Street, 22nd Floor
[phone]
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San Francisco, California 94111
[phone] facsimile
[phone]
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[phone] facsimile
Attorneys for Defendants Rockstar Consortium
U.S. LP and MobileStar Technologies LLC
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Victoria F. Maroulis (Cal. Bar No. 202603)
8 quinn-google-n.d.cal.-13-05933
@quinnemanuel.com
555 Twin Dolphin Drive, 5th Floor
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Redwood Shores, California 94065
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[phone] facsimile
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Patrick D. Curran (Cal. Bar No. 241630)
quinn-google-n.d.cal.-13-05933
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@quinnemanuel.com
51 Madison Avenue, 22nd Floor
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New York, New York 10010
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[phone] facsimile
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Attorneys for Plaintiff Google Inc.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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GOOGLE INC.,
Plaintiff,

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CASE NO. 13-cv-5933-CW
UNOPPOSED MOTION TO STAY CASE

v.

ROCKSTAR CONSORTIUM US LP and
24 MOBILESTAR TECHNOLOGIES LLC,
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Defendants.

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McKool 1056650v1

Case No. 13-cv-5933-CW
MOTION TO STAY CASE

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Defendants Rockstar Consortium US LP and MobileStar Technologies LLC (“Rockstar”)

2 request that the Court order that all deadlines in this case be stayed 45 days. Active discussions
3 are underway that may settle all issues in dispute. The requested stay will facilitate those active
4 discussions. A 45-day stay is warranted due to the complexity of the transaction being discussed.
5 Accordingly, Rockstar requests that the Court stay all deadlines until January 5, 2015. The Eastern
6 District of Texas and the District of Delaware, which are overseeing cases involving Rockstar
7 Consortium US LP, Netstar Technologies LLC, and Bockstar Technologies LLC, have entered
8 similar orders on request of the parties. 1
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In the event the stay is lifted, the Parties agree to work together in good faith to submit a

10 proposed revised case schedule.
Google does not oppose this request for a stay, provided that all dates in the current case

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12 schedule are moved by at least 45 days, to account for the impact of the stay on the current case
13 schedule. Google believes that the requested 45-day stay should not be entered without
14 corresponding adjustments to upcoming case deadlines, including the close of fact discovery.
15 Without such an adjustment Google would be unfairly prejudiced if the stay is lifted and the case
16 is then litigated on the current schedule. Thus, it is Google’s position that, should the stay be
17 granted, all remaining dates should be either vacated or moved by at least 45 days.
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See Rockstar Consortium US LP, et al. v. Google Inc., Case No. 2:13-cv-00893-JRG-RSP,
dkt. 289 (EDTX, November 19, 2014) attached as Exhibit A and Bockstar Technologies LLC, v.
27 Cisco Systems, Inc., Case No. 1:13-cv-2020-SLR-SRF (D.Del., November 17, 2014) attached as
Exhibit B.
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-1McKool 1056650v1

Case No. 13-cv-5933-CW
MOTION TO STAY CASE

1 DATED: November 21, 2014

Respectfully submitted,

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QUINN EMANUEL URQUHART & SULLIVAN, LLP

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By /s Patrick D. Curran
Patrick D. Curran

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Attorneys for Google Inc.
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McKOOL SMITH HENNIGAN, P.C.
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By /s Josh W. Budwin
Joshua W. Budwin

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Attorneys for Rockstar Consortium US LP and
MobileStar Technologies LLC

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-2McKool 1056650v1

Case No. 13-cv-5933-CW
MOTION TO STAY CASE

CERTIFICATE OF SERVICE

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The undersigned hereby certifies that a true and correct copy of the above and foregoing
document has been served on November 21, 2014, to all counsel of record who are deemed to
have consented to electronic service via the Court’s CM/ECF system. Any other counsel of record

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will be served by electronic mail, facsimile, U.S. Mail and/or overnight delivery.

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/s/ Josh W. Budwin
Josh W. Budwin

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-3McKool 1056650v1

Case No. 13-cv-5933-CW
MOTION TO STAY CASE