UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
June 15, 2011
INTERNATIONAL BUSINESS MACHINES CORPORATION, PLAINTIFF,
ROBERT H. FISCHER; RAMBUS INC.,
The opinion of the court was delivered by: The Honorable Jeffrey S. White United States District Judge Northern District of California
Barbara Clarke McCurdy (Admitted Pro Hac Vice) firstname.lastname@example.org Naveen Modi (Admitted Pro Hac Vice) email@example.com Srikala P. Atluri (Admitted Pro Hac Vice) firstname.lastname@example.org FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 901 New York Avenue, N.W. Washington, D.C. 20001 Telephone: (202) 408-4000 Facsimile: (202) 408-4400 Tina E. Hulse (CA Bar No. 232936) 8 email@example.com FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 3300 Hillview Avenue Palo Alto, California 94304-1203 Telephone: (650) 849-6600 Facsimile: (650) 849-6666 Attorneys for Defendant Rambus Inc.
STIPULATION RE: CASE SCHEDULE; SUPPORTING DECLARATION OF [PROPOSED] ORDER
Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff International Business Machines Corporation ("IBM") and Defendant Rambus Inc. ("Rambus"), through their respective counsel of 3 record, respectfully request, and with the Court's permission, stipulate to a four-week extension of 4 the current case schedule to allow the parties further time to finalize the settlement agreement and 5 related papers. More specifically, with the Court's permission, the parties hereby stipulate that the 6 current schedule set forth in the June1, 2011, Stipulated Order [Dkt. 49] be modified as follows: 7
EVENT CURRENT SCHEDULE PROPOSED DATE
Rambus shall file opening August 19, 2011 September 16, 2011 9 summary judgment motion 10 11 IBM shall file opposition and September 2, 2011 September 30 , 2011 cross-motion for summary 12 judgment 13 Rambus shall file reply and September 16, 2011 October 14, 2011 opposition to cross-motion for 14 summary judgment 15 IBM shall file reply in support September 23, 2011 October 21, 2011 16 of cross-motion for summary judgment 17 Hearing on Cross-Dispositive October 21, 2011 November 18, 2011, or any 18 Motions later date, subject to the convenience of the Court's calendar December 2, 2011
By his signature below, counsel for Plaintiff attests that counsel for
Defendant concurs in the
filing of this stipulation.
SUPPORTING DECLARATION OF ROBERT H. FISCHER
I, ROBERT H. FISCHER, declare as follows:
Regarding Case Schedule. I make this declaration of my own personal knowledge and will 6 competently testify thereto if called upon to do so.
1. I am a partner in Fitzpatrick, Cella, Harper & Scinto, counsel for Plaintiff International Business Machines Corporation. I submit this declaration in support of the parties' Stipulation
2. On April 15, 2011, May 12, 2011 and June 1, 2011, the Court entered Stipulated Orders [Dkt. Nos. 44, 46 and 49], which set forth a briefing schedule for cross-motions for summary 9 judgment. The June 1, 2011, Stipulated Order [Dkt 49] also set the hearing on cross-dispositive 10 motions for October 21, 2011, or any later date, subject to the convenience of the Court's calendar.
3. The parties, both the respective corporate representatives and outside counsel, have been actively discussing resolution of this case, have reached a settlement in principle and have 13 exchanged settlement paper drafts. There are a number of documents involved in the discussions, 14 which have required additional time for full consideration. The parties are now working on 15 resolving outstanding differences, and believe that continuing the case schedule for an additional 16 four weeks will facilitate finalization of the settlement papers precedent to resolution of this action.
4. The Court has previously granted the Stipulated Orders to permit settlement discussions.
Otherwise, the only time modification in this case was to change the Case Management Conference 19 from December 3, 2010, to January 14, 2011, to coincide with the hearing on Rambus's motion to 20 dismiss. See Dkt. 30.
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 10th day of June, 2011.
/s/ Robert H. Fischer Robert H. Fischer
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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