Apple Inc. v. Acacia Research Corporation et al

Filing 119

ORDER GRANTING 118 JOINT MOTION TO MODIFY PAGE LIMITS AND JOINT STIPULATION TO EXTEND TIME AND VACATE HEARING AND CASE MANAGEMENT CONFERENCE. Signed by Judge Edward J. Davila on 10/23/2017. (ejdlc2S, COURT STAFF) (Filed on 10/23/2017)

1 NELSON BUMGARDNER PC
Ed Nelson III (pro hac vice)
2 [e-mail]
3 Ryan P. Griffin (pro hac vice)
[e-mail]
4 3131 West 7th Street, Suite 300
Fort Worth, TX 76107
5 Telephone: [phone]
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LECLAIRRYAN LLP
Patricia L. Peden (SBN 206440)
[e-mail]
44 Montgomery St., Thirty First Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415-391-8766

CALDWELL CASSADY & CURRY
Bradley W. Caldwell (pro hac vice)
[e-mail]
John A. Curry (pro hac vice)
[e-mail]
2101 Cedar Springs Road, Suite 1000
Dallas, TX 75201
Telephone: [phone]

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Attorneys for Defendants Acacia Research
12 Corporation, Saint Lawrence
Communications LLC, and Saint Lawrence
13 Communications GmbH
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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18 APPLE INC.,
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CASE NO.: 5:16-cv-7266 EJD
Plaintiff,

v.

21 ACACIA RESEARCH CORPORATION,
SAINT LAWRENCE COMMUNICATIONS
22 LLC, SAINT LAWRENCE
COMMUNICATIONS GMBH, AND
23 VOICEAGE CORPORATION,
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Defendants.

JOINT MOTION TO MODIFY PAGE
LIMITATIONS, JOINT STIPULATION
TO EXTEND TIME AND VACATE
HEARING AND CASE MANAGEMENT
CONFERENCE DATES, AND
[PROPOSED] ORDER MODIFYING
PAGE LIMITATIONS AND CHANGING
TIME WITH RESPECT TO BRIEFING
FOR DEFENDANTS’ MOTION TO
DISMISS PLAINTIFF’S SECOND
AMENDED COMPLAINT
JURY TRIAL DEMANDED

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JOINT MOTION, JOINT STIPULATION, AND [PROPOSED] ORDER MODIFYING PAGE LIMITATIONS,
VACATING HEARING AND CASE MANAGEMENT CONFERENCE DATES, AND CHANGING TIME W/R/T
BRIEFING FOR DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED
COMPLAINT
5:16-cv-0726

1 Mark D. Selwyn (SBN: 244180)
[e-mail]
2 WILMER CUTLER PICKERING
HALE AND DORR LLP
3 950 Page Mill Road
Palo Alto, CA 94304
4 Telephone: [phone]
Facsimile: [phone]
5
William F. Lee (pro hac vice)
6 [e-mail]
Joseph J. Mueller (pro hac vice)
7 [e-mail]
Timothy Syrett (pro hac vice)
8 [e-mail]
WILMER CUTLER PICKERING
9 HALE AND DORR LLP
60 State Street
10 Boston, MA 02109
Telephone: [phone]
11 Facsimile: [phone]
12 Leon B. Greenfield (pro hac vice)
[e-mail]
13 WILMER CUTLER PICKERING
HALE AND DORR LLP
14 1875 Pennsylvania Avenue, N.W.
Washington, DC 20006
15 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiff Apple Inc.
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-2JOINT MOTION, JOINT STIPULATION, AND [PROPOSED] ORDER MODIFYING PAGE LIMITATIONS,
VACATING HEARING AND CASE MANAGEMENT CONFERENCE DATES, AND CHANGING TIME W/R/T
BRIEFING FOR DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED
COMPLAINT
5:16-cv-0726

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PLEASE TAKE NOTICE THAT, pursuant to Local Rule 7-11, Acacia Research

2 Corporation, Saint Lawrence Communications LLC, and Saint Lawrence Communications GmbH
3 (“Defendants”) and Apple Inc. (“Plaintiff”) (together, the “Parties”), by and through their counsel
4 of record, jointly move this Court to modify the page limits prescribed by Civil Local Rule 7-2(b)
5 for Defendants’ briefs in support of a motion to dismiss Plaintiff’s Second Amended Complaint, as
6 well as the page limits prescribed by Civil Local Rule 7-4(b) for Plaintiff’s opposition and
7 Defendants’ reply brief thereto.
8

Civil Local Rule 7-2(b) limits motions and accompanying briefs to 25 pages in length.

9 Civil Local Rule 7-4(b) limits opposition briefs to 25 pages in length and reply briefs to 15 pages in
10 length. However, Civil Local Rule 7-11 allows parties to move for administrative relief, including
11 “motions to exceed otherwise applicable page limitations.” CIV. L. R. 7-11(a). Accordingly, under
12 Local Rule 7-11, the Parties respectfully request that Defendants be permitted to collectively file an
13 omnibus brief in support of a motion to dismiss not to exceed 50 pages, Plaintiff be permitted to
14 file a brief in opposition not to exceed 50 pages, and Defendants be permitted to collectively file a
15 reply brief not to exceed 25 pages.1
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The Parties’ request constitutes a significant consolidation and reduction of what the Parties

17 would be entitled to file if Defendants were to file separately. On a motion to dismiss, each
18 Defendant is entitled to file its own 25-page brief, which, in the aggregate, would exceed by 50%
19 the 50 total pages Defendants request by this motion. Instead, Defendants intend to file one brief.
20 This approach allows the Parties to present arguments efficiently, without duplication of
21 arguments, and thus serves the interest of judicial economy.
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The Parties have met and conferred, and have agreed to this modification of page limits. As

23 a result, the Parties respectfully request that the Court grant leave for Defendants to file a brief in
24 support of a motion to dismiss not to exceed 50 pages, Plaintiff be permitted to file a brief in
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Even if Defendant Voiceage Corporation—who has yet to appear in this action—chooses to file
its own motion to dismiss, the efficiencies described in the present motion will nonetheless be
27 achieved.
-328

JOINT MOTION, JOINT STIPULATION, AND [PROPOSED] ORDER MODIFYING PAGE LIMITATIONS,
VACATING HEARING AND CASE MANAGEMENT CONFERENCE DATES, AND CHANGING TIME W/R/T
BRIEFING FOR DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED
COMPLAINT
5:16-cv-0726

1 opposition not to exceed 50 pages, and Defendants be permitted to file a reply brief not to exceed
2 25 pages.
3

In addition to their joint motion to modify page limits, the Parties hereby jointly stipulate

4 pursuant to Local Rules 6-2 and 7-12, in view of FED. R. CIV. P. 6(b), to extend: (1) Defendants’
5 deadline to answer or otherwise respond to Plaintiff’s Second Amended Complaint (which shall be
6 in the form of a motion to dismiss); (2) Plaintiff’s deadline to oppose Defendants’ motion to
7 dismiss; and (3) Defendants’ deadline to reply with respect to the same.
8

On October 11, 2016, Plaintiff filed its Second Amended Complaint. Defendants’ motion

9 to dismiss Plaintiff’s Second Amended Complaint is currently due on October 25, 2017.2
10 Plaintiffs’ opposition thereto will be due on November 8, 2017. Defendants’ reply will be due on
11 November 22, 2017.
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The Parties have met and conferred, and have agreed on a modification of deadlines. As a

13 result, the Parties respectfully request a 14-day extension to the deadline for Defendants to file their
14 motion to dismiss; a 14-day extension to the deadline for Plaintiff to address and respond to
15 Defendants’ motions to dismiss; and a 7-day extension to the deadline for Defendants to reply to
16 Plaintiff’s opposition.
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For the forgoing reasons, the Parties respectfully request that the Court modify the existing

18 page-limitations and deadlines in accordance with the table below:
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Event

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Defendants must
file Motion to
Dismiss
Plaintiff must file
Opposition to MTD
Defendant must file
Reply for MTD

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Current
Deadline

Current
Page Limit

Proposed
Deadline

Proposed
Page Limit

Oct. 25, 2017

75 pages
(25 pages x 3 defs.)

Nov. 8, 2017

50 pages

Dec. 6, 2017

50 pages

Dec. 20, 2017

25 pages

Nov. 8, 2017
Nov. 22, 2017

75 pages
(25 pages x 3 defs.)
45 pages
(15 pages x 3 defs.)

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Defendants’ motion is a Rule 12(b)(6) motion, so it must be filed “within 14 days after service of
27 the amended pleading.” FED. R. CIV. P. 15(a)(3); see also FED. R. CIV. P. 12(b).
-428

JOINT MOTION, JOINT STIPULATION, AND [PROPOSED] ORDER MODIFYING PAGE LIMITATIONS,
VACATING HEARING AND CASE MANAGEMENT CONFERENCE DATES, AND CHANGING TIME W/R/T
BRIEFING FOR DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED
COMPLAINT
5:16-cv-0726

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Moreover, the Parties jointly stipulate to vacate the November 2, 2017 and January 11,

2 2018 hearing dates on the Court’s schedule. On November 2, 2017, a hearing is scheduled on the
3 Motion to Dismiss the First Amended Complaint filed on March 28, 2017 (ECF 73), and the
4 Motion for a Protective Order Temporarily Staying Discovery filed on April 24, 2017 (ECF 91).
5 The motion to dismiss is now moot in light of the second amended complaint filed by Apple on
6 October 11, 2017 (ECF 115), and, as noted above, the Defendants intend to file a new motion to
7 dismiss the second amended complaint. [In addition, because of the changes made in the second
8 amended complaint, Apple has withdrawn its prior discovery and the Acacia defendants have
9 withdrawn their motion for a protective order. Therefore, that motion is no longer pending before
10 this Court, and a hearing is not required.]
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On January 11, 2018, a hearing is scheduled for Apple’s Motion for Leave to File a Second

12 Amended Complaint (ECF 110). The Court granted Apple’s unopposed motion on October 11,
13 2017 (ECF 114), eliminating the need for the January 11, 2018 hearing.
14

Given that Apple recently filed its second amended complaint, and Defendant VoiceAge

15 has yet to make in appearance in the case, the Parties further jointly propose to vacate and
16 reschedule the Case Management Conference currently scheduled for November 9, 2017. The
17 Parties request that the Court reschedule the Case Management Conference for a later date.
18

For the foregoing reasons, the Parties respectfully request that the Court vacate the

19 November 2, 2017 and January 11, 2018 hearing dates. The parties further propose that the Court
20 vacate the November 9, 2017 Case Management Conference, and reschedule it for a later date.
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DATED: October 20, 2017

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/s/ Edward R. Nelson III

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NELSON BUMGARDNER PC
Edward R. Nelson III (pro hac vice)
[e-mail]
Ryan P. Griffin (pro hac vice)
[e-mail]
3131 West 7th Street, Suite 300
Fort Worth, TX 76107

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/s/ Mark D. Selwyn
WILMER CUTLER PICKERING
HALE AND DORR LLP
Mark D. Selwyn (SBN: 244180)
[e-mail]
950 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]
-5-

JOINT MOTION, JOINT STIPULATION, AND [PROPOSED] ORDER MODIFYING PAGE LIMITATIONS,
VACATING HEARING AND CASE MANAGEMENT CONFERENCE DATES, AND CHANGING TIME W/R/T
BRIEFING FOR DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED
COMPLAINT
5:16-cv-0726

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Telephone: [phone]

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Attorneys for Defendants Acacia Research
Corporation, Saint Lawrence
Communications LLC, and Saint
Lawrence Communications GmbH

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Attorneys for Plaintiff Apple Inc.

ATTORNEY ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), I, Edward R. Nelson III, hereby attest that
concurrence in the filing of this document has been obtained from any signatories indicated by a
“conformed” signature (/s/) within this e-filed document. I declare under penalty of perjury under
the laws of the United States of America that the foregoing is true and correct.
By:

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/s/ Edward R. Nelson III
Edward R. Nelson III

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CERTIFICATE OF SERVICE
I hereby certify that on October 20, 2017, I electronically transmitted the foregoing

15 document to the Clerk’s Office using the CM/ECF System for filing and transmittal of a Notice of
16 Electronic Filing to the e-mail addresses registered in the CM/ECF system, as denoted on the
17 Electronic Mail Notice List.
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By:

/s/ Edward R. Nelson III
Edward R. Nelson III

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-6JOINT MOTION, JOINT STIPULATION, AND [PROPOSED] ORDER MODIFYING PAGE LIMITATIONS,
VACATING HEARING AND CASE MANAGEMENT CONFERENCE DATES, AND CHANGING TIME W/R/T
BRIEFING FOR DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED
COMPLAINT
5:16-cv-0726

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[PROPOSED] ORDER
Pursuant to the foregoing Joint Motion and Joint Stipulation, it is SO ORDERED that the

3 page-limitations and deadlines with respect to Defendants’ Motion to Dismiss Plaintiff’s Second
4 Amended Complaint are modified as follows:
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6

Event

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Defendants must
file Motion to
Dismiss
Plaintiff must file
Opposition to MTD
Defendant must file
Reply for MTD

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Current
Deadline

Current
Page Limit

Proposed
Deadline

Proposed
Page Limit

Oct. 25, 2017

75 pages
(25 pages x 3 defs.)

Nov. 8, 2017

50 pages

Dec. 6, 2017

50 pages

Dec. 20, 2017

25 pages

Nov. 8, 2017
Nov. 22, 2017

75 pages
(25 pages x 3 defs.)
45 pages
(15 pages x 3 defs.)

It is FURTHER ORDERED that the Court’s November 2, 2017, and January 11, 2018
hearing dates, and the November 9, 2017, case management conference, are VACATED.
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October __, 2017

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EDWARD J. DAVILA
United States District Judge

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-7JOINT MOTION, JOINT STIPULATION, AND [PROPOSED] ORDER MODIFYING PAGE LIMITATIONS,
VACATING HEARING AND CASE MANAGEMENT CONFERENCE DATES, AND CHANGING TIME W/R/T
BRIEFING FOR DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED
COMPLAINT
5:16-cv-0726