UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
August 5, 2009
RAMBUS INC., PLAINTIFF,
NVIDIA CORPORATION, DEFENDANT.
NVIDIA CORPORATION PLAINTIFF,
RAMBUS INC., DEFENDANT.
The opinion of the court was delivered by: Honorable Susan Illston United States District Judge
JOINT STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING AND DISCOVERY
Rambus Inc. and NVIDIA Corporation (collectively, the "parties") hereby submit the following joint stipulation and proposed order regarding scheduling and discovery:
WHEREAS, the Court's April 13, 2009 Order provides for an initial four-month phase of discovery limited to document production from other proceedings in order to minimize burden and inefficiency, and a case management conference on August 21, 2009 "to determine the next steps in the case management plan." (Order re: Discovery and Denying Defendant's Motion for Stay (Docket No. 120, C-08-03343) (the "Discovery Order"), 3:4-18);
WHEREAS, the Discovery Order further provides that "[p]rior to that case management conference, the parties shall meet with the Special Master to discuss a plan for the next phase of discovery. The parties shall submit a joint case management conference statement by August 14, 2009." (Id. at 3:19-21);
WHEREAS, on June 11, 2009, the Parties filed a Stipulation and [Proposed] Order regarding discovery, which the Court entered on June 18, 2009 (Docket No. 127) (the "Discovery Stipulation");
WHEREAS, pursuant to the Discovery Order and the Discovery Stipulation, during the initial four-month phase of discovery, each party granted to the other party access in these actions to certain discovery materials each party produced in the ITC action and certain other proceedings in which a party has been involved;
WHEREAS, pursuant to the Discovery Order and Discovery Stipulation, the parties agree that the initial phase of discovery should continue and are continuing to meet and confer with respect to open issues regarding further production of materials from other proceedings;
WHEREAS, the ITC action is scheduled for trial this October, an initial determination is due on January 22, 2010, and the parties believe that the ITC proceedings may generate materials that may enable the parties in these district court cases to further target their discovery and assess the remaining schedule for these cases;
WHEREAS, the parties agree that the case management conference scheduled for August 21, 2009 at 3:00 pm should be rescheduled to February 12, 2010 at 3:00 pm; that the parties' meeting with the Special Master to discuss a plan for the next phase of discovery should likewise be rescheduled to occur prior to the rescheduled case management conference; that the August 14, 2009 deadline for the parties to submit a joint case management statement should be rescheduled to February 5, 2010; and that the initial phase of discovery should continue during the interim;
THEREFORE, IT IS ORDERED THAT:
(1) The case management conference scheduled for August 21, 2009 at 3:00 pm is hereby rescheduled to February 12, 2010 at 3:00 pm. Prior to that case management conference, the parties shall meet with the Special Master to discuss a plan for the next phase of discovery.
The August 14, 2009 deadline for the parties to submit a joint case management conference statement is hereby rescheduled to February 5, 2010.
(2) In the interim, discovery will be limited to document production. No depositions or written discovery will take place, and the Patent Local Rules will remain suspended.
(3) The Discovery Stipulation previously entered by the Court remains in effect.
IT IS SO ORDERED
Dated: August 4, 2009
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