Opinion
MARK D. FOWLER, CHRISTINE K. CORBETT, ROBERT BUERGI, ROBERT WILLIAMS, ERIK R. FUEHRER, JONATHAN HICKS DLAP PIPER LLP (US), Attorneys for Defendant Apple Inc.
QUINN EMANUEL URQUHART & SULLIVAN, LLP, HAROLD A. BARZA, AMAR L. THAKUR, VINCENT POLLMEIER, Attorneys for Plaintiff Aylus Networks, Inc.
STIPULATION AND [PROPOSED] ORDER REGARDING THE TAKING OF LIMITED PARTY AND THIRD PARTY DISCOVERY AFTER THE FACT DISCOVERY CUTOFF
EDWARD M. CHEN, District Judge.
Pursuant to Civil Local Rule 6-2, Aylus Networks, Inc. ("Aylus") and Apple Inc. ("Apple") (collectively, the "parties") respectfully submit this Stipulation And [Proposed] Order Regarding The Taking Of Limited Party And Third Party Discovery After The Fact Discovery Cutoff.
WHEREAS, fact discovery is set to close in this case on June 4, 2015 and the deadline to file motions to compel is currently set for June 11, 2015;
WHEREAS, the parties have been meeting and conferring to schedule depositions of Apple and Aylus employees within the fact discovery period;
WHEREAS, the earliest date that both Taraneh Maghame, Apple's Rule 30(b)(6) witness regarding certain Aylus deposition topics, and the parties are available for Ms. Maghame's deposition is June 8, 2015 because Ms. Maghame is travelling during the last two weeks of the fact discovery period;
WHEREAS, the earliest date that both Mark Edwards, former Aylus CEO, and the parties are available for Mr. Edward's deposition is June 19, 2015 because Mr. Edwards now works in the United Kingdom;
WHEREAS, to accommodate Ms. Maghame and Mr. Edward's schedules, the parties agree to take these two depositions after the fact discovery cut-off;
WHEREAS, the parties further agree to extend the motion to compel deadline for any issues that arise of Ms. Maghame's and Mr. Edward's depositions to until one week after each of those depositions take place;
WHEREAS, the parties also have agreed to permit four third parties, Intel, Microsoft, TWBA, and Netflix, to complete document production, and hold depositions after the close of fact discovery, due to production issues, scheduling conflicts and limitations on witness availability;
WHEREAS, to accommodate these third parties, parties request that the Court extend the deadline for fact discovery as to the Intel, Microsoft, TWBA, and Netflix subpoenas to until June 18, 2015, and the motion to compel deadline for any issues that arise out of the document production and depositions to until one week after each of those depositions take place;
WHEREAS, the requested time change would not have any effect on any other dates in the schedule for this case;
NOW, THEREFORE, the parties respectfully request that the Court issue an order permitting the taking of these two party depositions and completion of document productions and taking of depositions of Intel, Microsoft, TWBA, and Netflix after the close of fact discovery and extending the motion to compel deadline concerning issues arising out of these party depositions and third party subpoenas to until one week after each deposition takes place.
IT IS SO STIPULATED.
[PROPOSED] ORDER
IT IS HEREBY ORDERED that:
• The deposition of Ms. Maghame may take place on June 8, 2015 and the deposition of Mr. Edwards may take place on June 19, 2015 - after the fact discovery cut-off;
• The deadline for the parties to file motions to compel related to issues with the depositions of Ms. Maghame and Mr. Edwards is hereby extended to until one week after each deposition takes place;
• The deadline for fact discovery as to the Intel, Microsoft, TWBA, and Netflix subpoenas is extended to until June 18, 2015; and
• The deadline for the parties to file motions to compel deadline for any issues that arise out of the document production and depositions of the Intel, Microsoft, TWBA, and Netflix subpoenas to until one week after each of those depositions take place.
IT IS SO ORDERED.