Opinion
Case No. C-09-01531 RS (PSG)
10-24-2011
ELAN MICROELECTRONICS CORPORATION, Plaintiff and Counterclaim Defendant, v. APPLE INC., Defendant and Counterclaim Plaintiff.
Sean P. DeBruine ALSTON & BIRD LLP Attorneys For Elan Microelectronics Corporation Sonal N. Mehta WEIL, GOTSHAL & MANGES LLP Attorneys for Apple Inc.
YITAI HU (SBN 248085)
SEAN P. DEBRUINE (SBN 168071)
ELIZABETH H. RADER (SBN 184963)
JANE HAN BU (SBN 240081)
JENNIFER LIU (SBN 268990)
PALANI P. RATHINASAMY (SBN 269852)
ALSTON & BIRD LLP
Attorneys for Plaintiff
ELAN MICROELECTRONICS
CORPORATION
MATTHEW D. POWERS (Bar No. 104795)
TENSEGRITY LAW GROUP LLP
JARED BOBROW (Bar No. 133712)
SONAL N. MEHTA (Bar No. 222086)
DEREK WALTER (Bar No. 246322)
NATHAN GREENBLATT (Bar No. 262279)
WEIL, GOTSHAL & MANGES LLP
Attorneys for Defendant and
Counterclaim Plaintiff,
APPLE INC.
SECOND STIPULATION AND
[PROPOSED] ORDER TO EXTEND
DEADLINES TO ALLOW FOR
FINALIZATION OF SETTLEMENT
Hon. Richard Seeborg
Defendant Apple, Inc. ("Apple") and Plaintiff Elan Microelectronics Corporation ("Elan"), by and through their respective counsel of record, hereby stipulate as follows:
WHEREAS, on September 21, 2011, the parties attended a settlement conference before Magistrate Judge Spero and reached an agreement in principle to settle this litigation (D.I. 432);
WHEREAS, on September 28, 2011, the Court entered a Stipulation and Order to Extend Deadlines to Allow for Finalization of Settlement (D.I. 434), extending the fact discovery cutoff in this case to October 31, 2011, extending the deadline for Apple to produce certain documents to October 28, 2011, and requiring the parties to work together to propose a revised case schedule in the event a settlement is not finalized;
WHEREAS, the parties continue to work on drafting a settlement agreement to formalize their agreement in principle to settle;
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, through their respective counsel, that, subject to the Court's approval, that the close of fact discovery be further extended to November 30, 2011, and that the deadline for Apple to produce documents pursuant to Magistrate Judge Grewal's September 9, 2011 Order be further extended to November 28, 2011.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Sean P. DeBruine
ALSTON & BIRD LLP
Attorneys For Elan Microelectronics Corporation
Sonal N. Mehta
WEIL, GOTSHAL & MANGES LLP
Attorneys for Apple Inc.
PURSUANT TO STIPULATION, IT IS SO ORDERED
Honorable Richard Seeborg
United States District Court Judge