Filed: Mar. 18, 2015
Latest Update: Mar. 18, 2015
Summary: JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE DEADLINES PURSUANT TO CIVIL L.R. 6-2 JON S. TIGAR , District Judge . STIPULATED MOTION TO MODIFY THE SCHEDULING ORDER Pursuant to Civil Local Rule 6-2, Plaintiff Twin Peaks Software Inc. ("Twin Peaks") and Defendant International Business Machines Corporation ("IBM"), by and through their respective counsel of record hereby stipulate and request that the Court enter an order modifying certain case deadlines as set forth below. In
Summary: JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE DEADLINES PURSUANT TO CIVIL L.R. 6-2 JON S. TIGAR , District Judge . STIPULATED MOTION TO MODIFY THE SCHEDULING ORDER Pursuant to Civil Local Rule 6-2, Plaintiff Twin Peaks Software Inc. ("Twin Peaks") and Defendant International Business Machines Corporation ("IBM"), by and through their respective counsel of record hereby stipulate and request that the Court enter an order modifying certain case deadlines as set forth below. In ..
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JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE DEADLINES PURSUANT TO CIVIL L.R. 6-2
JON S. TIGAR, District Judge.
STIPULATED MOTION TO MODIFY THE SCHEDULING ORDER
Pursuant to Civil Local Rule 6-2, Plaintiff Twin Peaks Software Inc. ("Twin Peaks") and Defendant International Business Machines Corporation ("IBM"), by and through their respective counsel of record hereby stipulate and request that the Court enter an order modifying certain case deadlines as set forth below. In support of this request, the parties state as follows:
WHEREAS, on January 7, 2015, the Court entered its scheduling order in this case, which set deadlines through the claim construction hearing on December 8, 2015. (Dkt. No. 29.);
WHEREAS, pursuant to the scheduling order, Twin Peaks timely served its Patent Local Rule 3-1 Disclosure of Asserted Claims and Infringement Contentions on February 9, 2015;
WHEREAS, IBM believed Twin Peaks' infringement contentions to be deficient, and sent a letter on February 25, 2015 to Twin Peaks to that effect;
WHEREAS, on March 9, 2015, Twin Peaks responded in writing to IBM's letter, served an Amended Disclosure of Asserted Claims, and produced additional documents to IBM pursuant to Patent Local Rule 3-2;
WHEREAS, as a result of discussions between the parties regarding these matters, Twin Peaks and IBM have agreed to jointly request that the Court briefly extend certain deadlines imposed by the scheduling order, including the deadline for IBM to serve its Patent Local Rule 3-3 Invalidity Contentions;
WHEREAS, this is the first time the parties have sought to make any modifications to the Court's scheduling order;
WHEREAS, prior to this motion, IBM and Twin Peaks have made only one request to extend a deadline in this case. (Dkt. No. 10.);
WHEREAS, the parties' proposed extensions do not affect the dates of the technology tutorial and claim construction hearing, nor do they reduce the time available to the Court to review materials between the conclusion of claim construction briefing and the claim construction hearing. The proposed modifications also do not affect any deadlines for filing or lodging materials with the Court;
WHEREAS, the parties do not believe the extension sought hereby will prejudice either party or result in undue delay;
WHEREAS, counsel for IBM, Andrew J. Bramhall, has submitted a supporting declaration with this stipulation pursuant to Civil Local Rule 6-2(a);
NOW THEREFORE, in consideration of the forgoing, IBM and Twin Peaks by and through their undersigned counsel, hereby stipulate and request that the Court modify the scheduling order as set forth in the following table:
Event Scheduling Order Proposed Schedule
Defendant's invalidity contentions and
accompanying document production 4/6/15 5/6/2015
Exchange of proposed terms for
construction 4/29/15 5/22/2015
Exchange of preliminary claim
constructions and extrinsic evidence 6/10/15 6/19/2015
Joint claim construction and prehearing
statement 7/15/15 No Change
Claim construction discovery cut-off 8/14/15 No Change
Claim construction opening brief 9/30/15 No Change
Claim construction responsive brief 10/21/15 No Change
Claim construction reply brief 10/30/15 No Change
Tutorial 11/17/15 2:00 p.m. No Change
Claim construction hearing 12/8/15 1:30 p.m. No Change
IT IS SO STIPULATED.
[PROPOSED] ORDER
Pursuant to the parties' stipulation, the Court modifies the Scheduling Order as follows:
Event New Deadline
Defendant's invalidity contentions and
accompanying document production 5/6/2015
Exchange of proposed terms for
construction 5/22/2015
Exchange of preliminary claim
constructions and extrinsic evidence 6/19/2015
PURSUANT TO STIPULATION, IT IS SO ORDERED.
