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`Case 3:16-cv-06001-WHO Document 80 Filed 02/21/17 Page 1 of 4
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`[Counsel listed on signature page.]
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`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN FRANCISCO DIVISION
`
`Apple Inc.,
`
`Case No. 3:16-cv-06001-WHO
`
`Plaintiff,
`
`v.
`
`Mobile Star, LLC, a New York Limited
`Liability Company, and Does 1-50,
`
`Defendants.
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`STIPULATION AND ORDER FOR
`PRIVATE MEDIATION
`
`
`
`Plaintiff Apple Inc. (“Apple”) and defendant Mobile Star, LLC (“Mobile Star”) (Apple
`
`and Mobile Star collectively “the Parties”), by and through their respective counsel, hereby
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`stipulate as follows:
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`WHEREAS the Parties held an ADR telephone conference with the Court’s ADR staff on
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`February 16, 2017, during which they discussed ADR options;
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`WHEREAS, the Parties desire to use a private ADR mediation service, such as JAMS, to
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`try to resolve their dispute rather than the services of the Court’s ADR office;
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`WHEREAS, the Parties agree to select a mediator who is mutually agreeable to each of
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`the Parties;
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`WHEREAS, the Parties agree to hold the mediation in the San Francisco Bay Area;
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`WHEREAS, Mobile Star believes that the Parties should complete mediation within 60
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`
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`
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`- 1 -
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`STIPULATION AND ORDER FOR PRIVATE
`MEDIATION
`3:16-CV-06001-WHO
`
`
`
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`Case 3:16-cv-06001-WHO Document 80 Filed 02/21/17 Page 2 of 4
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`days of the Case Management Conference, and has requested that the Court stay discovery for 60
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`days to allow the Parties to complete mediation without incurring the expense of additional
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`discovery;
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`WHEREAS, Apple opposes the request for a stay because it believes it needs additional
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`discovery to engage in settlement discussions, to prosecute its case against Mobile Star, and to
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`determine whether and which third-parties should be named as defendants, and believes that the
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`Parties should work in good faith to complete mediation within 90 days of the Case Management
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`Conference.
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`Now, therefore, the Parties, through their respective counsel, stipulate as follows:
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`1.
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`The Parties will use a private mediation service, such as JAMS, to mediate their
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`dispute, rather than the services of the Court’s ADR office;
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`2.
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`3.
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`4.
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`The Parties will select a mediator who is mutually agreeable to each of the Parties;
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`The Parties will hold the mediation in the San Francisco Bay Area;
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`The Parties will work in good faith to complete the mediation either within 60 or
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`90 days of the Case Management Conference, depending on the Court’s order.
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`[SIGNATURE PAGE FOLLOWS]
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`- 2 -
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`STIPULATION AND ORDER FOR PRIVATE
`MEDIATION
`3:16-CV-06001-WHO
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`
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`Case 3:16-cv-06001-WHO Document 80 Filed 02/21/17 Page 3 of 4
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`
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`
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`THOMAS H. ZELLERBACH (SBN 154557)
`tzellerbach@orrick.com
`DIANA RUTOWSKI (SBN 233878)
`drutowski@orrick.com
`CATHY C. SHYONG (SBN 288537)
`cshyong@orrick.com
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`1000 Marsh Road
`Menlo Park, CA 94025-1015
`Telephone:
`+1 650 614 7400
`Facsimile:
`+1 650 614 7401
`
`NATHAN SHAFFER (SBN 282015)
`nshaffer@orrick.com
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`405 Howard St
`San Francisco, CA 94105
`Telephone: +1-415-773-5700
`Facsimile: +1-415-773-5759
`
`Attorneys for Plaintiff
`Apple Inc.
`
`
`By: /s/ Thomas H. Zellerbach
`
` Thomas H. Zellerbach
`
`AARON J. MOSS (SBN 190625)
`AMoss@GreenbergGlusker.com
`JOSHUA M. GELLER (SBN 295412)
`JGeller@GreenbergGlusker.com
`GREENBERG GLUSKER FIELDS
`CLAMAN & MACHTINGER LLP
`1900 Avenue of the Stars, 21st Floor
`Los Angeles, California 90067-4590
`Telephone: 310.553.3610
`Fax: 310.553.0687
`
`BRIAN K. BROOKEY (SBN 149522)
`Brian.Brookey@tuckerellis.com
`STEVEN E. LAURIDSEN (SBN 246364)
`Steven.Lauridsen@tuckerellis.com
`TUCKER ELLIS LLP
`515 South Flower Street, 42nd Floor
`Los Angeles, California 90071-2223
`Telephone: 213.430.3400
`Fax: 213.430.3409
`
`Attorneys for Defendant
`Mobile Star, LLC
`
`
`By: /s/ Aaron J. Moss
`
` Aaron J. Moss
`
`- 3 -
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`STIPULATION AND ORDER FOR PRIVATE
`MEDIATION
`3:16-CV-06001-WHO
`
`
`Dated: February 20, 2017
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`
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`
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`Dated: February 20, 2017
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`Case 3:16-cv-06001-WHO Document 80 Filed 02/21/17 Page 4 of 4
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`
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`PURSUANT TO STIPULATION, IT IS SO ORDERED. The parties shall select
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`their mediator by February 24, 2017 and hold the mediation at the earliest date practicable,
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`hopefully within 60 days and no later than 90 days from today’s date. Discovery is not
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`stayed but the parties shall focus on matters that are essential for an effective mediation
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`HON. WILLIAM H. ORRICK
`United States District Judge
`
`
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`By:
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`only until the mediation is complete.
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`
`
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`Dated: February 21, 2017
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`- 4 -
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`STIPULATION AND ORDER FOR PRIVATE
`MEDIATION
`3:16-CV-06001-WHO
`
`
`