Rambus Inc. v. International Business Machines Corporation, No. 3:2010cv03736 - Document 48 (N.D. Cal. 2010)

Court Description: ORDER GRANTING (47 in 3:10-cv-03736-JSW) Stipulation for Order Rescheduling Case Management Conference., (26 in 3:10-cv-04017-JSW) Stipulation for Order Rescheduling Case Management Conference: Case Management Statement due by 1/7/2011. Case Management Conference set for 1/14/2011 09:00 AM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 11/24/10. (jjoS, COURT STAFF) (Filed on 11/24/2010)

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Rambus Inc. v. International Business Machines Corporation Doc. 48 Case3:10-cv-04017-JSW Document26 1 2 3 4 5 6 Filed11/16/10 Page1 of 7 Barbara Clarke McCurdy (Admitted pro hac vice) barbara.mccurdy@finnegan.com Naveen Modi (Admitted pro hac vice) naveen.modi@finnegan.com Srikala P. Atluri (Admitted pro hac vice) srikala.alturi@finnegan.com 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 7 8 9 10 11 Tina E. Hulse (State Bar No. 232936) tina.hulse@finnegan.com FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. Stanford Research Park 3300 Hillview Avenue Palo Alto, California 94304 Telephone: (650) 849-6600 Facsimile: (650) 849-6666 12 13 Attorneys for Defendant Rambus Inc. 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN FRANCISCO DIVISION 17 18 INTERNATIONAL BUSINESS MACHINES CORPORATION, Case No. C 10-04017 JSW (Related Case: C 10-03736 JSW) 19 Plaintiff, 20 v. STIPULATED REQUEST FOR ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE; 21 RAMBUS INC., SUPPORTING DECLARATION OF TINA E. HULSE; 22 Defendant. 23 [PROPOSED] ORDER 24 25 26 27 28 STIPULATED REQUEST RE: RESCHEDULING CASE MANAGEMENT CONFERENCE CASE NO. C 10-04017 JSW Dockets.Justia.com Case3:10-cv-04017-JSW Document26 1 Filed11/16/10 Page2 of 7 Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff International Business Machines 2 Corporation (“IBM”) and Defendant Rambus Inc. (“Rambus”), through their respective counsel of 3 record, stipulate to and respectfully request the Court to order as follows: 4 1. The Court held that Rambus Inc. v. International Business Machines Corporation, 5 Case No. C 10-03736 JSW (N.D. Cal.) (“the Rambus action”) is related to this action in its Related 6 Case Order entered on October 21, 2010 (Dkt. No. 16). 7 8 9 10 11 12 13 14 15 2. The Court ordered that the Case Management Conference in the Rambus action occur on December 3, 2010, at 1:30 pm. Declaration of Tina E. Hulse (“Hulse Decl.”), Ex. A. 3. The Court also scheduled the Case Management Conference in this action for December 3, 2010, at 1:30 pm. See Dkt. No. 17. 4. Rambus filed a Motion to Dismiss (Dkt. No. 19), which is scheduled to be heard on January 14, 2011, at 9:00 am. See Dkt. No. 21. 5. The parties met and conferred on November 12, 2010, pursuant to Federal Rule of Civil Procedure 26(f). Hulse Decl. ¶ 6. 6. The parties jointly request that the Court continue the Case Management Conference 16 for this action until the hearing on Rambus’s Motion to Dismiss, i.e., January 14, 2011. The parties 17 are concurrently making a similar request in the Rambus action. The parties are requesting the Court 18 to continue the Case Management Conferences in the interests of efficiency, as both parties’ lead 19 counsel reside on the East Coast and moving the Case Management Conferences would allow the 20 Court to hear all issues at once and would obviate the need for counsel to take two trips to California 21 within six weeks. See id. ¶¶ 6-8. 22 7. The parties further request that, in light of the new proposed date for the Case 23 Management Conference, the Joint Case Management Statement, Rule 26(f) Report, and Rule 26(a) 24 initial disclosures all be due on January 7, 2011. 25 26 By her signature below, counsel for Defendant attests that counsel for Plaintiff concurs in the filing of this stipulation. 27 28 1 STIPULATED REQUEST RE: RESCHEDULING CASE MANAGEMENT CONFERENCE CASE NO. C 10-04017 JSW Case3:10-cv-04017-JSW Document26 1 Filed11/16/10 Page3 of 7 Respectfully submitted, 2 Date: November 16, 2010 3 4 5 6 By: /s/ Edward A. Kmett Edward A. Kmett (SBN: 204374) ekmett@fchs.com FITZPATRICK, CELLA, HARPER & SCINTO 650 Town Center Drive, Suite 1600 Costa Mesa, CA 92626 Telephone: (714) 540-8700 Facsimile: (714) 540-9823 7 Anthony M. Zupcic (Admitted pro hac vice) azupcic@fchs.com Robert H. Fischer (Admitted pro hac vice) rfischer@fchs.com Douglas Sharrott (Admitted pro hac vice) dsharrott@fchs.com FITZPATRICK, CELLA, HARPER & SCINTO 1290 Avenue of the Americas New York, New York 10112 Telephone: (212) 218-2100 Facsimile: (212) 218-2200 8 9 10 11 12 13 14 Kenneth R. Adamo (Admitted pro hac vice) kradamo@jonesday.com JONES DAY 901 Lakeside Avenue Cleveland, Ohio 44114-1190 Telephone: (216) 586-7120 Facsimile: (216) 579-0212 15 16 17 18 19 Attorneys for Plaintiff, International Business Machines Corporation 20 21 22 23 24 25 Date: November 16, 2010 By: /s/ Tina E. Hulse Tina E. Hulse (CA Bar No. 232936) FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 3300 Hillview Avenue Palo Alto, California 94304-1203 Telephone:(650) 849-6600 Facsimile: (650) 849-6666 tina.hulse@finnegan.com 26 27 28 2 STIPULATED REQUEST RE: RESCHEDULING CASE MANAGEMENT CONFERENCE CASE NO. C 10-04017 JSW Case3:10-cv-04017-JSW Document26 1 2 3 4 5 6 Filed11/16/10 Page4 of 7 Barbara Clarke McCurdy (Admitted pro hac vice) Naveen Modi (Admitted pro hac vice) Srikala P. Atluri (Admitted pro hac vice) 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 barbara.mccurdy@finnegan.com naveen.modi@finnegan.com srikala.atluri@finnegan.com 7 8 Attorneys for Defendant, Rambus Inc. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATED REQUEST RE: RESCHEDULING CASE MANAGEMENT CONFERENCE CASE NO. C 10-04017 JSW Case3:10-cv-04017-JSW Document26 SUPPORTING DECLARATION OF TINA E. HULSE 1 2 3 Filed11/16/10 Page5 of 7 I, TINA E. HULSE, declare as follows: 1. I am an associate at Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., 4 counsel for Plaintiff Rambus Inc. (“Rambus”). I submit this declaration in support of the parties’ 5 Stipulation Rescheduling Case Management Conference. I make this declaration of my own 6 personal knowledge and will competently testify thereto if called upon to do so. 7 2. On October 21, 2010, the Court held in its Related Case Order that this action is 8 related to Rambus Inc. v. International Business Machines Corporation, Case No. C 10-03736 JSW 9 (N.D. Cal.) (“the Rambus action”). See Dkt. No. 16. 10 3. The Court’s September 21, 2010, Order Setting Case Management Conference and 11 Requiring Joint Case Management Conference Statement (Dkt. No. 13) in the Rambus action (a true 12 and correct copy of which is attached as Exhibit A) ordered that the Case Management Conference 13 occur on December 3, 2010, at 1:30 pm. 14 4. On October 28, 2010, in its Order Setting Case Management Conference and 15 Requiring Joint Case Management Conference Statement (Dkt. No. 17), the Court ordered that the 16 Case Management Conference would also occur on December 3, 2010, at 1:30 pm. 17 5. On October 29, 2010, Rambus filed a Motion to Dismiss Complaint (Dkt. No. 19), 18 which is scheduled to be heard by this Court on January 14, 2011, at 9:00 am. See Re-Notice of 19 Defendant Rambus Inc.’s Motion to Dismiss Complaint (Dkt. No. 21). 20 6. The parties met and conferred on November 12, 2010, pursuant to Federal Rule of 21 Civil Procedure 26(f). During that conference, which I attended, Rambus proposed stipulating that 22 the Case Management Conferences for both actions be postponed until the hearing on Rambus’s 23 Motion to Dismiss. 24 7. Because both parties’ lead counsel reside on the East Coast, continuing the Case 25 Management Conference for both actions until the hearing on Rambus’s Motion to Dismiss serves 26 the interests of efficiency, as doing so would allow the Court to hear all issues at once and would 27 obviate the need for counsel to take two trips to California within six weeks. 28 4 STIPULATED REQUEST RE: RESCHEDULING CASE MANAGEMENT CONFERENCE CASE NO. C 10-04017 JSW Case3:10-cv-04017-JSW Document26 1 8. Filed11/16/10 Page6 of 7 On November 15, 2010, counsel for IBM informed counsel for Rambus that IBM 2 agreed to stipulate to changing the date of the Case Management Conference from December 3, 3 2010, to January 14, 2011, and the date for filing the Rule 26(f) report and serving Rule 26(a) initial 4 disclosures to January 7, 2011. Attached as Exhibit B is a true and correct copy of the November 15, 5 2010, e-mail correspondence from Douglas Sharrott, counsel for IBM, to Barbara McCurdy, counsel 6 for Rambus, indicating IBM’s agreement to the stipulation. 7 8 9 9. There have been no previous time modifications of the Case Management Conference following reassignment to this Court. 10. A change in time in the Case Management Conference from December 3, 2010, to 10 January 14, 2011, will not affect the schedule or any current deadlines, as a case schedule has not yet 11 been entered in this case. 12 I declare under penalty of perjury under the laws of the United States that the foregoing is 13 true and correct and this declaration was executed this 16th day of November, 2010, at Palo Alto, 14 California. 15 By: /s/ Tina E. Hulse Tina E. Hulse 16 17 18 19 20 21 22 23 24 25 26 27 28 5 STIPULATED REQUEST RE: RESCHEDULING CASE MANAGEMENT CONFERENCE CASE NO. C 10-04017 JSW Case3:10-cv-04017-JSW Document26 [PROPOSED] ORDER 1 2 3 Pursuant to the stipulation between the parties and good cause appearing, it is hereby ORDERED that: 4 5 1. The Case Management Conference shall be rescheduled to January 14, 2011, following arguments regarding Rambus’s Motion to Dismiss (Dkt. No. 19). 6 7 Filed11/16/10 Page7 of 7 2. The Joint Case Management Conference Statement and Rule 26(f) Report shall be filed no later than January 7, 2011. 8 3. 9 The parties shall serve Rule 26(a) initial disclosures no later than January 7, 2011. IT IS SO ORDERED. 10 11 12 Date: November 24 2010 __, 13 The Honorable Jeffrey S. White United States District Judge Northern District of California 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 STIPULATED REQUEST RE: RESCHEDULING CASE MANAGEMENT CONFERENCE CASE NO. C 10-04017 JSW

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