Opinion
STIPULATED REQUEST FOR ORDER CHANGING TIME TO RESPOND TO DEFENDANTS' AND INTERVENORS' MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING MARKING AND NOMINAL DAMAGES
CLAUDIA WILKEN, Chief District Judge.
IT IS HEREBY STIPULATED AND AGREED, by and between the parties, through their respective counsel, and subject to the approval of the Court, as follows:
Pursuant to the Court's Order of April 18, 2013 (Dk. No. 734), Plaintiff U.S. Ethernet Innovations, LLC ("USEI") is to respond to the Defendants' and Intervenors' Motion for Partial Summary Judgment on Marking and Nominal Damages ("the Summary Judgment Motion") on May 30, 2013, and Defendants' and Intervenors' are to submit their reply brief on June 6, 2013. The parties hereby jointly request that the Court extend each of those deadlines by ten (10) days, to June 10, 2013 (for USEI's response), and to June 17, 2013 (for Defendants' and Intervenors' reply).
WHEREAS, the parties are working diligently to complete discovery that USEI believes is necessary to respond to the Summary Judgment Motion. Among other things, this discovery includes the depositions of two fact witnesses on matters at issue in the Summary Judgment Motion.
WHEREAS, due to scheduling constraints of both parties and fact witnesses, the parties cannot depose those witnesses until after the current deadline for USEI's response brief. Therefore, the parties seek additional time to prepare their respective briefs.
WHEREAS, the extensions requested herein will not affect any other date set by the Court, including the hearing set for Thursday, June 27, 2013 regarding the Summary Judgment Motion.
ROBBINS GELLER RUDMAN & DOWD LLP, MICHAEL J. DOWD (135628), San Diego, California, JOHN K. GRANT (169813), SHAWN A. WILLIAMS (213113), San Francisco, California, JOHN C. HERMAN (pro hac vice), RYAN K. WALSH (pro hac vice), PETER M. JONES (pro hac vice), DAVID L. GANN (pro hac vice), JESSICA M. KATTULA (pro hac vice), Atlanta, Georgia, Attorneys for Plaintiff U.S. Ethernet Innovations, LLC.
Accordingly, the parties STIPULATE AND AGREE that the date for USEI's response to the Summary Judgment Motion be extended to June 10, 2013; and the date for Defendants and Intervenors to file their response to the Summary Judgment Motion be extended to June 17, 2013.
PURSUANT TO STIPULATION, IT IS SO ORDERED that the date for USEI's response to the Summary Judgment Motion is extended to June 6, 2013; and the date for Defendants and Intervenors to file their response to the Summary Judgment Motion is extended to June 13, 2013.