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DIGITAL REG OF TEXAS, LLC v. ADOBE SYSTEMS INCORPORATED, 12-CV-01971 CW (KAW). (2013)

Court: District Court, N.D. California Number: infdco20130625837 Visitors: 24
Filed: Jun. 24, 2013
Latest Update: Jun. 24, 2013
Summary: STIPULATION AND ORDER TO EXTEND DEADLINES CLAUDIA WILKEN, District Judge. WHEREAS the current case schedule includes deadlines for expert discovery in June, July, and August (including a deadline for opening expert reports on June 28), and deadlines for dispositive motion practice in August, September, and October (Dkt. 243 at 3); WHEREAS Defendants Adobe, EA, and Symantec plan to seek leave to file an early motion for summary judgment regarding whether and to what extent the defendants are l
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STIPULATION AND ORDER TO EXTEND DEADLINES

CLAUDIA WILKEN, District Judge.

WHEREAS the current case schedule includes deadlines for expert discovery in June, July, and August (including a deadline for opening expert reports on June 28), and deadlines for dispositive motion practice in August, September, and October (Dkt. 243 at 3);

WHEREAS Defendants Adobe, EA, and Symantec plan to seek leave to file an early motion for summary judgment regarding whether and to what extent the defendants are licensed to the patents-in-suit, and the parties believe that knowing the outcome of that motion sooner rather than later will advance the just, speedy and efficient resolution of this dispute;

WHEREAS Defendant Ubisoft's motion to strike Digital Reg's infringement contentions (Dkt. 304, filed March 14, 2013) is pending before Magistrate Judge Westmore, and the parties believe that the resolution of that motion will advance the just, speedy, and efficient resolution of the dispute as to these parties;

WHEREAS Digital Reg and Defendants Adobe, EA, and Ubisoft have discovery disputes pending before Magistrate Judge Westmore, that may significantly impact expert discovery, including expert reports regarding patent infringement and damages (Dkt. Nos. 304, 371, 372, 379 & 391);

WHEREAS fact discovery is closed and would not be reopened by virtue of this stipulation or any resulting extension of the case schedule, except to the extent ordered by the Court in conjunction with the pending discovery disputes;

WHEREAS, since issuing its Scheduling Order on August 30, 2012 (Dkt. 243), this Court has entered limited extensions to discovery, all one month or less, see Dkt. Nos. 195 and 204 (nine-day extension for ADR filings), Dkt. Nos. 328 and 337 (one-month limited extension to fact discovery), Dkt Nos. 349 and 350 (one-week extension for motions to compel), Dkt. Nos. 368 and 384 (one-day extension to opposition brief);

WHEREAS, the parties have met and conferred, and after considering various options, have concluded that a 120-day extension to all current case deadlines would allow this case to proceed in the most efficacious and cost-effective manner;

IT IS HEREBY STIPULATED by and between counsel for Digital Reg and Defendants that, subject to the Court's approval and availability, a 120-day extension to all current case deadlines would be appropriate to allow the Court time to consider Defendants' Motion for Partial Summary Judgment, and to resolve pending discovery disputes, before the case proceeds further. A [Proposed] Order containing the proposed amended schedule is submitted herewith.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED that an extension of the current cases deadlines is hereby granted, as follows:

Task Current Date Proposed Amended Date Opening Expert Reports June 28, 2013 October 30, 2013 Rebuttal Expert Reports July 26, 2013 December 4, 2013 Further Case Management Conference August 7, 2013 7 days before Further Statement Case Management Conference Further Case Management Conference August 14, 2013 at 2 pm January 15, 2014 to discuss structure and format for claim construction proceedings and reduction of asserted claims Completion of expert discovery August 16, 2013 January 9, 2014 Last day to file and serve Plaintiff's August 29, 2013 77 days before Hearing Brief on Claim Construction and Dispositive Motions Last day to file and serve Defendants' September 19, 2013 56 days before Hearing Briefs on Claim Construction and Plaintiff's Dispositive Motions and Defendants' Dispositive Motions Last day to file and serve Plaintiff's October 10, 2013 35 days before Hearing Brief replying on Claim Construction and Plaintiff's Dispositive Motions and responding to Defendants' Dispositive Motions Last day to file and serve Defendants' October 24, 2013 21 days before Hearing Briefs replying on Defendants' Dispositive Motions Claim Construction hearing and November 14, 2013 at 2 April 3, 2014 hearing on dispositive motions pm Further Case Management Conference Approximately 10 days Same after the Court's order on claim construction and dispositive motions or as soon thereafter as convenient for the Court. Pretrial conference April 2, 2014 at 2 pm TBD Trial April 14, 2014 TBD
Source:  Leagle

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