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International Business Machines Corporation v. Rambus

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


May 12, 2011

INTERNATIONAL BUSINESS MACHINES CORPORATION, PLAINTIFF,
v.
RAMBUS, INC.
DEFENDANT.

The opinion of the court was delivered by: The Honorable Jeffrey S. White United States District Judge Northern District of California

Edward Kmett (CA Bar No. 204374) ekmett@fchs.com 2 FITZPATRICK, CELLA, HARPER & SCINTO 650 Town Center Drive 3 Suite 1600 Costa Mesa, CA 92626 4 Telephone: (714) 540-8700 Facsimile: (714) 540-9823 5 Anthony M. Zupcic (Pro Hac Vice) 6 azupcic@fchs.com Robert H. Fischer (Pro Hac Vice) 7 rfischer@fchs.com Douglas Sharrott (Pro Hac Vice) 8 dsharrott@fchs.com FITZPATRICK, CELLA, HARPER & SCINTO 9 1290 Avenue of the Americas New York, New York 10112 10 Telephone: (212) 218-2100 Facsimile: (212) 218-2200 11 Kenneth R. Adamo (Pro Hac Vice) 12 kradamo@kirkland.com KIRKLAND & ELLIS LLP 13 300 North LaSalle Chicago, IL 60654 14 Telephone: (312) 862-2671 Facsimile: (312) 862-2200 Attorneys For Plaintiff 16 International Business Machines Corporation

STIPULATION RE: CASE SCHEDULE; SUPPORTING DECLARATION OF ROBERT H. FISCHER [PROPOSED] ORDER

Pursuant to Rule 6-2 and 7-12 of the Local Rules of Practice in Civil Proceedings before the United States District Court for the Northern District of California, Plaintiff International Business 3 Machines Corporation ("IBM") and Defendant Rambus Inc. ("Rambus"), through their respective 4 counsel of record, wish to advise the Court that the parties have reached a settlement in principle, and 5 accordingly respectfully request, and with the Court's permission, stipulate to an additional two-week 6 extension of the current case schedule to allow the parties to prepare the necessary settlement papers.

More specifically, with the Court's permission, the parties hereby stipulate that the current schedule 8 set forth in the April 15, 2011, Stipulated Order [Dkt. 44] be modified as follows:

EVENT CURRENT SCHEDULE PROPOSED SCHEDULE

July 22, 2011 August 5, 2011 Rambus files opening summary judgment motion 11 August 5, 2011 August 19, 2011 IBM shall file opposition and 12 cross-motion for summary judgment August 19, 2011 September 2, 2011 Rambus shall file reply and 14 opposition to cross-motion for summary judgment August 26, 2011 September 9, 2011 IBM shall file reply in support 16 of cross-motion for summary judgment Hearing on Cross-Dispositive September 23, 2011, or any October 7, 2011, or any later later date subject to the date subject to the Court's Motions Court's calendar calendar

By his signature below, counsel for Plaintiff attests that counsel for Defendant concurs in the filing of this stipulation.

Respectfully submitted,

SUPPORTING DECLARATION OF ROBERT H. FISCHER

I, ROBERT H. FISCHER, declare as follows: 3

1. I am a partner in the firm Fitzpatrick, Cella, Harper & Scinto, counsel for Plaintiff International Business Machines Corporation ("IBM"). I submit this declaration in support of the 5 parties' Stipulation Regarding Case Schedule. I make this declaration of my own personal knowledge 6 and will competently testify thereto if called upon to do so. 7

2. On April 15, 2011, the Court entered a Stipulated Order [Dkt. 44], which sets forth a briefing schedule for cross-motions for summary judgment. The Stipulated Order also sets the hearing 9 on cross-dispositive motions for September 23, 2011, or any later date, subject to the convenience of 10 the Court's calendar.

3. The parties, both the respective corporate representatives and outside counsel, have been

12 actively discussing resolution of this case, and have reached a settlement in principle. Accordingly, 13 the parties have met and conferred and agree that continuing the case schedule for two weeks will 14 facilitate preparation of the necessary settlement papers precedent to resolution of this action. 15

4. The Court previously granted the Stipulated Order to permit settlement discussions.

Otherwise, the only time modification in this case was to change the Case Management Conference 17 from December 3, 2010, to January 14, 2011, to coincide with the hearing on Rambus's motion to 18 dismiss. See Dkt. 30. 19

5. The requested modification in the current case schedule will not affect any other pre-trial deadlines, as the pre-trial schedule has not yet been entered in this case. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct, and this declaration was executed this 11th day of May, 2011. 3 4

/s/ Robert H. Fischer

Robert H. Fischer

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: May __, 2011

20110512

© 1992-2011 VersusLaw Inc.



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