Filed: Aug. 19, 2013
Latest Update: Aug. 19, 2013
Summary: STIPULATION TO AMEND CASE SCHEDULE; [PROPOSED] ORDER CLAUDIA WILKEN, District Judge. Plaintiff Linex Technologies, Inc. ("Linex") and Defendants Hewlett-Packard Company ("HP"); Apple Computer Inc. ("Apple"); Aruba Networks, Inc. ("Aruba"); Meru Networks, Inc. ("Meru"); and Ruckus Wireless, Inc. ("Ruckus") (collectively "Defendants") hereby stipulate, with the Court's permission, to amend the Case Schedule (Dkts. 193, referring to 190 and 190-1), as provided in the table on the following page.
Summary: STIPULATION TO AMEND CASE SCHEDULE; [PROPOSED] ORDER CLAUDIA WILKEN, District Judge. Plaintiff Linex Technologies, Inc. ("Linex") and Defendants Hewlett-Packard Company ("HP"); Apple Computer Inc. ("Apple"); Aruba Networks, Inc. ("Aruba"); Meru Networks, Inc. ("Meru"); and Ruckus Wireless, Inc. ("Ruckus") (collectively "Defendants") hereby stipulate, with the Court's permission, to amend the Case Schedule (Dkts. 193, referring to 190 and 190-1), as provided in the table on the following page. A..
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STIPULATION TO AMEND CASE SCHEDULE; [PROPOSED] ORDER
CLAUDIA WILKEN, District Judge.
Plaintiff Linex Technologies, Inc. ("Linex") and Defendants Hewlett-Packard Company ("HP"); Apple Computer Inc. ("Apple"); Aruba Networks, Inc. ("Aruba"); Meru Networks, Inc. ("Meru"); and Ruckus Wireless, Inc. ("Ruckus") (collectively "Defendants") hereby stipulate, with the Court's permission, to amend the Case Schedule (Dkts. 193, referring to 190 and 190-1), as provided in the table on the following page. As explained in the supporting Declaration of Robert F. McCauley, Linex believes that there is good cause to amend the schedule because numerous defense and third-party witnesses are not available for depositions until after, or just days before, the Court's current deadline for exchanging opening technical expert reports on September 1, 2013, and Defendants are stipulating to the requested amendment. Although the proposed modified schedule will presumably require continuing the Claim Construction hearing by two weeks (or at the Court's convenience, to give the Court time to consider the parties' papers), the parties believe that amending the schedule as below will not require any further changes to the Court's calendar or the remaining dates in the current Case Schedule. Furthermore, these modifications to the schedule do not result in any prejudice to any of the parties. Thus, the parties respectfully request that the Court enter the parties' stipulation regarding the schedule.
Current Schedule Parties' Proposed
Deadline Amendment
Disclosure of identity of experts and September 1, 2013 September 20, 2013
deadline to submit opening expert (due to the weekend and
reports on technical issues on which Holiday, the deadline will
a party bears the burden of proof (No be September 3, 2013)
expert reports on damages or
damages-related issues are due on
this date)
Deadline to submit rebuttal expert September 27, 2013 October 23, 2013
reports on technical issues (No
expert reports on damages or
damages-related issues are due on
this date)
Plaintiff's claim October 17, 2013 November 7, 2013
construction/summary judgment
motion
Defendant's November 14, 2013 December 6, 2013
opposition/cross motion (contained
within a single brief)
Plaintiff's reply (contained within a December 5, 2013 December 20, 2013
single brief)
Defendants' surreply (contained December 19, 2013 January 3, 2014
within a single brief)
Next Case Management Conference January 9, 2014 January 23, 2014, or at the
and hearing for claim construction Court's convenience
and all case dispositive motions
Filer's Attestation: Pursuant to Civil L.R. 5-1(i)(3), by his signature below, Robert F. McCauley attests under penalty of perjury that concurrence in the filing of the document has been obtained from each of its signatories.
[PROPOSED] ORDER
Pursuant to the foregoing Stipulation and for GOOD CAUSE SHOWN, the Stipulation above is HEREBY GRANTED, and the case schedule is modified as set forth in the Stipulation. IT IS SO ORDERED.
