Filed: Jun. 21, 2019
Latest Update: Jun. 21, 2019
Summary: JOINT STIPULATION AND [PROPOSED] ORDER TO AMEND SCHEDULING ORDER (DKT. 73) AND EXTEND ADR DEADLINE (DKT. 56) (As Modified) HAYWOOD S. GILLIAM, JR. , District Judge . Pursuant to Federal Rule of Civil Procedure 16(b), Civil Local Rules 6-2 and 7-12, and the Court's Scheduling Order (Dkt. 73) and the Order re: ADR Deadline (Dkt. 56), Plaintiff ZTE (USA) Inc. ("ZTE") and Defendant AGIS Software Development LLC ("AGIS Software") (collectively, the "Parties"), hereby stipulate and agree a
Summary: JOINT STIPULATION AND [PROPOSED] ORDER TO AMEND SCHEDULING ORDER (DKT. 73) AND EXTEND ADR DEADLINE (DKT. 56) (As Modified) HAYWOOD S. GILLIAM, JR. , District Judge . Pursuant to Federal Rule of Civil Procedure 16(b), Civil Local Rules 6-2 and 7-12, and the Court's Scheduling Order (Dkt. 73) and the Order re: ADR Deadline (Dkt. 56), Plaintiff ZTE (USA) Inc. ("ZTE") and Defendant AGIS Software Development LLC ("AGIS Software") (collectively, the "Parties"), hereby stipulate and agree as..
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JOINT STIPULATION AND [PROPOSED] ORDER TO AMEND SCHEDULING ORDER (DKT. 73) AND EXTEND ADR DEADLINE (DKT. 56)
(As Modified)
HAYWOOD S. GILLIAM, JR., District Judge.
Pursuant to Federal Rule of Civil Procedure 16(b), Civil Local Rules 6-2 and 7-12, and the Court's Scheduling Order (Dkt. 73) and the Order re: ADR Deadline (Dkt. 56), Plaintiff ZTE (USA) Inc. ("ZTE") and Defendant AGIS Software Development LLC ("AGIS Software") (collectively, the "Parties"), hereby stipulate and agree as follows:
WHEREAS, on April 4, 2019, to allow sufficient time for the Parties to complete mediation, the Court granted the Parties' request to extend the ADR deadline from April 17, 2019 to June 21, 2019 (Dkt. 56);
WHEREAS, on April 15, 2019, the Court signed and entered an amended Scheduling Order (Dkt. 63), which modified the previous Scheduling Order (Dkt. 25);
WHEREAS, on May 17, 2019, to allow the Parties time to confer regarding the Parties' discovery disputes, the Court granted the Parties' request to extend Plaintiff's Invalidity Contentions and Plaintiff's Production from May 20, 2019 to June 3, 2019; and the Court granted the Parties' request to extend the Parties' Exchange of Proposed Claim terms from June 3, 2019 to June 10, 2019;
WHEREAS, the parties were scheduled to conduct mediation on June 4, 2019 with Hon. James Ware (Ret.) as mediator, however, due to a medical emergency of mediator, the Parties were unable to complete mediation on that date;
WHEREAS, the next available date for both Parties and the mediator is in August 2019, which is after the current June 21, 2019 ADR mediation deadline;
WHEREAS, to allow sufficient time for the Parties to complete the rescheduled mediation, the Parties have agreed that good cause exists to extend the ADR deadline to August 23, 2019;
WHEREAS, on June 14, 2019, the Parties met and conferred in Magistrate Judge Spero's courtroom to discuss certain discovery disputes;
WHEREAS, to allow the Parties time to resolve such discovery disputes as agreed during the meet and confer, the Parties have agreed that good cause exists to extend the discovery deadlines as described below;
IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and Defendant, through their respective undersigned counsel, that the upcoming deadlines set forth in the Scheduling Order (Dkt. 73) be modified as follows:
Event Previous Dates Amended Dates
Exchange Preliminary Claim June 24, 2019 August 2, 2019
Constructions and Extrinsic
Evidence
Damages Contentions July 1, 2019 August 9, 2019
Joint Claim Construction and July 3, 2019 August 13, 2019
Prehearing Statement
Exchange Expert Declarations July 3, 2019 August 13, 2019
in Support of Claim
Construction, if Any
Responsive Damages July 29, 2019 September 6, 2019
Contentions
Complete Claim Construction August 5, 2019 September 13, 2019
Discovery
Submit Opening Claim August 20, 2019 September 30, 2019
Construction Brief
Submit Responsive Claim September 3, 2019 October 14, 2019
Construction Brief
Submit Reply Claim September 10, 2019 October 21, 2019
Construction Brief
Claim Construction Hearing October 2, 2019; 1:00 p.m. November 12, 2019; 1:00
p.m.
IT IS FURTHER HEREBY STIPULATED AND AGREED, by and between Plaintiff and Defendant, through their respective undersigned counsel, that the deadline to complete ADR, currently set for June 21, 2019 (Dkt. 56), shall be continued to August 23, 2019.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: June 19, 2019 Respectfully submitted,
/s/ Michael Liu Su
Michael Liu Su (Cal. Bar No. 300590)
michael.liu.su@finnegan.com
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
3300 Hillview Avenue
Palo Alto, CA 94304
Telephone: (650) 849-6600
Facsimile: (650) 849-6666
Lionel M. Lavenue (pro hac vice)
lionel.lavenue@finnegan.com
Bradford C. Schulz (pro hac vice)
bradford.schulz@finnegan.com
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
Telephone: (571) 203-2700
Facsimile: (202) 408-4400
Attorneys for Plaintiff
ZTE (USA) Inc.
Dated: June 19, 2019 Respectfully submitted,
/s/ Sarah G. Hartman
Sarah G. Hartman (Cal. Bar No. 281751)
shartman@brownrudnick.com
Alfred R. Fabricant (pro hac vice)
afabricant@brownrudnick.com
Peter Lambrianakos (pro hac vice)
plambrianakos@brownrudnick.com
Vincent J. Rubino, III (pro hac vice)
vrubino@brownrudnick.com
Brown Rudnick LLP
7 Times Square
New York, NY 10036
Telephone: (212) 209-4800
Facsimile: (212) 209-4801
Arjun Sivakumar (Cal. Bar No. 297787)
asivakumar@brownrudnick.com
Brown Rudnick LLP
2211 Michelson Drive, Seventh Floor
Irvine, California 92612
Telephone: (949) 752-7100
Facsimile: (949) 252-1514
Attorneys for Defendant
AGIS SOFTWARE DEVELOPMENT LLC
ATTESTATION
I, Michael Liu Su, hereby attest that concurrence in the filing of this document has been obtained from each of the other Signatories indicated by a confirmed signature (/s/) within this e-filed document.
/s/Michael Liu Su
Michael Liu Su
PURSUANT TO STIPULATION, IT IS SO ORDERED, except the claim construction hearing will be held on November 20, 2019 at 1:00 p.m.
