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Nuance Communications, Inc. v. ABBYY USA Software House, Inc.

United States District Court, Ninth Circuit

May 22, 2013

NUANCE COMMUNICATIONS, INC., Plaintiff,
v.
ABBYY USA SOFTWARE HOUSE, INC., a California corporation, ABBYY SOFTWARE, LTD., a Cyprus corporation, ABBYY PRODUCTION, LLC, a Russian corporation, and LEXMARK INTERNATIONAL, INC., a Delaware corporation, Defendants.

M. CRAIG TYLER, Pro Hac Vice, ABRAHAM DELAO, Pro Hac Vice, HENRY PAN, Pro Hac Vice, WILSON SONSINI GOODRICH & ROSATI, Professional Corporation, Austin, Texas, JAMES C. YOON (CA SBN 177155), CHRISTOPHER P. GREWE (CA SBN 245938), WILSON SONSINI GOODRICH & ROSATI, Professional Corporation, Palo Alto, California, Attorneys for Plaintiff, NUANCE COMMUNICATIONS, INC.

JAMES P. BENNETT (CA SBN 65179), MICHAEL A. JACOBS (CA SBN 111664), BROOKS M. BEARD (CA SBN 181271), RICHARD S.J. HUNG (CA SBN 197425), MORRISON & FOERSTER LLP, FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP, Erik R. Puknys, Attorneys for Defendants ABBYY USA SOFTWARE HOUSE, INC., ABBYY SOFTWARE, LTD., ABBYY PRODUCTION, LLC, and LEXMARK INTERNATIONAL, INC.

STIPULATION AND [PROPOSED] ORDER SHORTENING TIME FOR BRIEFING AND HEARING ON NUANCE'S MOTION FOR LEAVE TO SUPPLEMENT PUTNAM EXPERT REPORT

JEFFREY S. WHITE, District Judge.

Pursuant to Civil L.R. 6-2, Plaintiff Nuance Communications, Inc. ("Nuance"), and Defendants ABBYY Software House, Inc., ABBYY Software, Ltd., ABBYY Production, LLC (collectively, "ABBYY Defendants"), and Lexmark International, Inc. ("Lexmark"), file this joint stipulation regarding the briefing and hearing schedule for Nuance's concurrently filed Motion for Leave to Supplement Putnam Expert Report.

WHEREAS, Nuance moved for discovery sanctions against the ABBYY Defendants for late production of documents in August 2012 (Dkt. No. 499);

WHEREAS, Magistrate Judge James issued an order relating to Nuance's request for sanctions (Dkt. No. 571);

WHEREAS, in January 2013, the Court granted Nuance "an extension of eight weeks for discovery limited to the discrete issues relating to the ABBYY Defendants' later production and require[d] the ABBYY Defendants to timely re-produce relevant witnesses[, ]" (Dkt. No. 582);

WHEREAS, after completing the additional depositions, Nuance's expert Dr. Putnam (Nuance's damages expert) prepared a supplemental expert report, a copy of which was provided to Defendants on May 6, 2013;

WHEREAS, the parties had numerous meet and confer discussions, including one in person meeting, to discuss whether Defendants would agree to a joint request for leave to add the supplemental report to the case and to coordinate logistics for a supplemental rebuttal report and depositions;

WHEREAS, those meet and confer efforts were unsuccessful;

WHEREAS, Nuance's Motion for Leave to Supplement Expert Report seeks the Court's permission to supplement Dr. Putnam's expert report in light of the ABBYY Defendants' late production and additional discovery sanctioned by the Court;

WHEREAS, Defendants oppose Nuance's Motion for Leave;

WHEREAS, the Court's April 2, 2013 Order Setting Schedule (Dkt. No. 649) set the Pretrial Conference for July 22, 2013, at 2:00 p.m., Jury Selection for August 7, 2013, at 8:00 a.m., and Trial for August 12, 2013, at 8:00 a.m;

WHEREAS, pursuant to Civil L.R. 7-2(a) and the Court's Standing Civil Orders and Scheduling Notes, Nuance's Motion for Leave would not be heard until at least July 12, 2013;

WHEREAS, the parties are in the midst of trial preparations and agree that early resolution of Nuance's Motion for Leave will provide the parties with needed time to prepare any rebuttal expert report responding to Nuance's supplements, conduct additional depositions of the experts if needed, and generally prepare for trial in light of the permitted scope for expert testimony at trial; and

WHEREAS, the requested shortening of time will have no effect on the remaining schedule for the case.

NOW, THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between the parties, through their respective counsel, that the following briefing and hearing schedule for Nuance's Motion for Leave shall be adopted:

• Defendants' opposition must be filed by Tuesday, May 28, 2013; Friday, May 24, 2013
• Plaintiff's reply must be filed by Thursday, May 30, 2013; Tuesday, May 28, 2013 and
• the hearing, if desired by the Court, will be held on Friday, May 31st, 2013, at 9:00 a.m. in Courtroom 19.

All briefs will comply with the page limit requirements set forth in the Court's Standing Civil Orders Paragraph, 7.

ORDER

Pursuant to stipulation,

IT IS SO ORDERED.


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