JOINT MOTION TO MODIFY PAGE LIMITATIONS, JOINT STIPULATION TO EXTEND TIME AND VACATE HEARING AND CASE MANAGEMENT CONFERENCE DATES, AND [PROPOSED] ORDER MODIFYING PAGE LIMITATIONS AND CHANGING TIME WITH RESPECT TO BRIEFING FOR DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT

EDWARD J. DAVILA, District Judge.

PLEASE TAKE NOTICE THAT, pursuant to Local Rule 7-11, Acacia Research Corporation, Saint Lawrence Communications LLC, and Saint Lawrence Communications GmbH ("Defendants") and Apple Inc. ("Plaintiff") (together, the "Parties"), by and through their counsel of record, jointly move this Court to modify the page limits prescribed by Civil Local Rule 7-2(b) for Defendants' briefs in support of a motion to dismiss Plaintiff's Second Amended Complaint, as well as the page limits prescribed by Civil Local Rule 7-4(b) for Plaintiff's opposition and Defendants' reply brief thereto.

Civil Local Rule 7-2(b) limits motions and accompanying briefs to 25 pages in length. Civil Local Rule 7-4(b) limits opposition briefs to 25 pages in length and reply briefs to 15 pages in length. However, Civil Local Rule 7-11 allows parties to move for administrative relief, including "motions to exceed otherwise applicable page limitations." CIV. L. R. 7-11(a). Accordingly, under Local Rule 7-11, the Parties respectfully request that Defendants be permitted to collectively file an omnibus brief in support of a motion to dismiss not to exceed 50 pages, Plaintiff be permitted to file a brief in opposition not to exceed 50 pages, and Defendants be permitted to collectively file a reply brief not to exceed 25 pages.1

The Parties' request constitutes a significant consolidation and reduction of what the Parties would be entitled to file if Defendants were to file separately. On a motion to dismiss, each Defendant is entitled to file its own 25-page brief, which, in the aggregate, would exceed by 50% the 50 total pages Defendants request by this motion. Instead, Defendants intend to file one brief. This approach allows the Parties to present arguments efficiently, without duplication of arguments, and thus serves the interest of judicial economy.

The Parties have met and conferred, and have agreed to this modification of page limits. As a result, the Parties respectfully request that the Court grant leave for Defendants to file a brief in support of a motion to dismiss not to exceed 50 pages, Plaintiff be permitted to file a brief in opposition not to exceed 50 pages, and Defendants be permitted to file a reply brief not to exceed 25 pages.

In addition to their joint motion to modify page limits, the Parties hereby jointly stipulate pursuant to Local Rules 6-2 and 7-12, in view of FED. R. CIV. P. 6(b), to extend: (1) Defendants' deadline to answer or otherwise respond to Plaintiff's Second Amended Complaint (which shall be in the form of a motion to dismiss); (2) Plaintiff's deadline to oppose Defendants' motion to dismiss; and (3) Defendants' deadline to reply with respect to the same.

On October 11, 2016, Plaintiff filed its Second Amended Complaint. Defendants' motion to dismiss Plaintiff's Second Amended Complaint is currently due on October 25, 2017.2 Plaintiffs' opposition thereto will be due on November 8, 2017. Defendants' reply will be due on November 22, 2017.

The Parties have met and conferred, and have agreed on a modification of deadlines. As a result, the Parties respectfully request a 14-day extension to the deadline for Defendants to file their motion to dismiss; a 14-day extension to the deadline for Plaintiff to address and respond to Defendants' motions to dismiss; and a 7-day extension to the deadline for Defendants to reply to Plaintiff's opposition.

For the forgoing reasons, the Parties respectfully request that the Court modify the existing page-limitations and deadlines in accordance with the table below:

Moreover, the Parties jointly stipulate to vacate the November 2, 2017 and January 11, 2018 hearing dates on the Court's schedule. On November 2, 2017, a hearing is scheduled on the Motion to Dismiss the First Amended Complaint filed on March 28, 2017 (ECF 73), and the Motion for a Protective Order Temporarily Staying Discovery filed on April 24, 2017 (ECF 91). The motion to dismiss is now moot in light of the second amended complaint filed by Apple on October 11, 2017 (ECF 115), and, as noted above, the Defendants intend to file a new motion to dismiss the second amended complaint. [In addition, because of the changes made in the second amended complaint, Apple has withdrawn its prior discovery and the Acacia defendants have withdrawn their motion for a protective order. Therefore, that motion is no longer pending before this Court, and a hearing is not required.]

On January 11, 2018, a hearing is scheduled for Apple's Motion for Leave to File a Second Amended Complaint (ECF 110). The Court granted Apple's unopposed motion on October 11, 2017 (ECF 114), eliminating the need for the January 11, 2018 hearing.

Given that Apple recently filed its second amended complaint, and Defendant VoiceAge has yet to make in appearance in the case, the Parties further jointly propose to vacate and reschedule the Case Management Conference currently scheduled for November 9, 2017. The Parties request that the Court reschedule the Case Management Conference for a later date.

For the foregoing reasons, the Parties respectfully request that the Court vacate the November 2, 2017 and January 11, 2018 hearing dates. The parties further propose that the Court vacate the November 9, 2017 Case Management Conference, and reschedule it for a later date.

ATTORNEY ATTESTATION

Pursuant to Civil Local Rule 5-1(i)(3), I, Edward R. Nelson III, hereby attest that concurrence in the filing of this document has been obtained from any signatories indicated by a "conformed" signature (/s/) within this e-filed document. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

[PROPOSED] ORDER

Pursuant to the foregoing Joint Motion and Joint Stipulation, it is SO ORDERED that the page-limitations and deadlines with respect to Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint are modified as follows:

It is FURTHER ORDERED that the Court's November 2, 2017, and January 11, 2018 hearing dates, and the November 9, 2017, case management conference, are VACATED.