Motorola Mobility, Inc. v. Apple, Inc.

Filing 344

Joint MOTION to Vacate Deadlines in Scheduling Order by Apple, Inc.. Responses due by 5/21/2012 (Attachments: # 1 Text of Proposed Order Vacating Deadlines in Scheduling Order)(Pace, Christopher)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
Case No. 1:10cv023580-Civ-RNS
MOTOROLA MOBILITY, INC.,
Plaintiff,
v.

JURY TRIAL DEMANDED

APPLE INC.,
Defendant.
APPLE INC.,
Counterclaim Plaintiff,
v.
MOTOROLA, INC. and
MOTOROLA MOBILITY, INC.,
Counterclaim Defendants.

JOINT MOTION TO VACATE DEADLINES IN SCHEDULING ORDER
Pursuant to the Court’s April 19, 2012 Order Allowing Apple to File Amended Answer;
Vacating Order Striking Motorola’s Supplemental Infringement Contentions; and Directing the
Parties to Meet-and-Confer Regarding Procedural Schedule, which was electronically filed on
April 23, 2012, D.E. 327, Apple, Inc. (“Apple”) and Motorola Solutions, Inc. and Motorola
Mobility, Inc. (“Motorola”) (collectively, the “Parties”) were directed to meet and confer within
twenty days regarding an appropriate amended procedural schedule and whether this case should
be consolidated in whole or in part with the 2012 case also pending before this Court. These
discussions have begun and are continuing and the Parties will report to the Court on the status
of these discussions by May 10, 2012. In light of this, the Parties jointly request that the Court

enter an order vacating the upcoming deadlines while the Parties continue their discussions in the
hopes of reaching an agreed-upon procedural schedule. In support of their motion, the Parties
state that:
1. The Parties agree that additional time is needed for fact and expert discovery in light of
the Court’s April 19, 2012 Order. However, the Parties currently disagree on the amount
of additional time required and the extent to which the two cases should be consolidated,
but will continue to attempt to reach agreement.
2. At least some of the upcoming deadlines in the current procedural schedule are likely to
pass before the Parties conclude their discussions. Specifically, the close of fact
discovery is currently scheduled for May 4, 2012 and the parties are scheduled to serve
their opening expert reports on May 11, 2012. In addition, the remaining deadlines
concerning expert discovery and dispositive motions will need to be extended as well.
These deadlines are summarized in the table below:
Event
Close of fact discovery
Opening expert reports
Rebuttal expert reports
Close of expert discovery
Deadline to file dispositive motions
Deadline to file pretrial motions

Current Deadline
5/4/12
5/11/12
6/8/12
7/3/12
7/13/12
7/20/12

WHEREFORE, the Parties respectfully request that the Court enter an order vacating the
aforementioned deadlines in the procedural schedule.

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Dated: May 4, 2012

Respectfully submitted,

/s/ Edward M. Mullins
Edward M. Mullins
[e-mail]
Annette C. Escobar
[e-mail]
Hal M. Lucas
[e-mail]
ASTIGARRAGE DAVIS MULLINS
& GROSSMAN, P.A.
701 Brickell Avenue, 16th Floor
Miami, Florida 33131
Telephone: [phone]
Facsimile: [phone]

/s/ Christopher R. J. Pace
Christopher R. J. Pace
[e-mail]
Edward Soto
[e-mail]
WEIL, GOTSHAL & MANGES LLP
1395 Brickell Avenue
Suite 1200
Miami, Florida 33131
Telephone: [phone]
Facsimile: [phone]

Attorneys for Motorola Mobility, Inc. and
Motorola Solutions, Inc.

Attorneys for Apple Inc.

Of Counsel:

Of Counsel:

Mark D. Baker
[e-mail]
Edward J. DeFranco
[e-mail]
Alexander Rudis
[e-mail]
QUINN EMANUEL URQUHART
& SULLIVAN, LLP
51 Madison Avenue, 22nd Floor
New York, New York 10010
Telephone: [phone]
Facsimile: [phone]

Mark G. Davis
[e-mail]
WEIL, GOTSHAL & MANGES LLP
1300 Eye Street, N.W., Suite 900
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
Matthew D. Powers
[e-mail]
Steven Cherensky
[e-mail]
TENSEGRITY LAW GROUP LLP
201 Redwood Shores Parkway
Redwood Shores, California 94065
Telephone: [phone]
Facsimile: 650-802-6001

Charles K. Verhoeven
[e-mail]
David A. Perlson
[e-mail]
QUINN EMANUEL URQUHART
& SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

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David A. Nelson
[e-mail]
QUINN EMANUEL URQUHART
& SULLIVAN, LLP
500 West Madison Street, Suite 2450
Chicago, Illinois 60661
Telephone: [phone]
Facsimile: [phone]

Robert T. Haslam
[e-mail]
COVINGTON & BURLING LLP
333 Twin Dolphin Drive, Suite 700
Redwood Shores, California 94065
Telephone: [phone]
Facsimile: [phone]

Attorneys for Motorola Mobility, Inc. and
Motorola Solutions, Inc.

Robert D. Fram
[e-mail]
Christine Saunders Haskett
[e-mail]
COVINGTON & BURLING LLP
One Front Street
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Apple Inc.

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CERTIFICATE OF SERVICE
I hereby certify that on May 4, 2012, I electronically filed the foregoing document
with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being
served this day on all counsel of record or pro se parties identified on the attached Service List in
the manner specified, either via transmission of Notices of Electronic Filing generated by
CM/ECF or in some other authorized manner for those counsel or parties who are not authorized
to received electronically Notices of Electronic Filing.

/s/ Christopher R. J. Pace
Christopher R. J. Pace (Fla. Bar No. 0721166)

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SERVICE LIST
Motorola Mobility, Inc. versus Apple Inc.
Case No. 1:10cv023580-Civ-RNS
United States District Court, Southern District of Florida

Edward M. Mullins
Fla. Bar No. 863920
[e-mail]
ASTIGARRAGA DAVIS MULLINS & GROSSMAN, P.A.
701 Brickell Avenue, 16th Floor
Miami, FL 33131
Telephone: [phone]
Facsimile: [phone]
Of Counsel:
Charles K. Verhoeven
David A. Perlson
QUINN EMANUEL URQUHART & SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, CA 93111
[phone]
Raymond N. Nimrod
Edward J. DeFranco
QUINN EMANUEL URQUHART & SULLIVAN, LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
[phone]
David A. Nelson
QUINN EMANUEL URQUHART & SULLIVAN, LLP
500 West Madison Street, Suite 2450
Chicago, IL 60661
[phone]
[e-mail]
Attorneys for Motorola Mobility, Inc. and Motorola, Inc.
Electronically served via email

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