throbber
1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Case 3:16-cv-06001-WHO Document 80 Filed 02/21/17 Page 1 of 4
`
`
`
`
`[Counsel listed on signature page.]
`
`
`
`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.
`
`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
`
`stipulate as follows:
`
`WHEREAS the Parties held an ADR telephone conference with the Court’s ADR staff on
`
`February 16, 2017, during which they discussed ADR options;
`
`WHEREAS, the Parties desire to use a private ADR mediation service, such as JAMS, to
`
`try to resolve their dispute rather than the services of the Court’s ADR office;
`
`WHEREAS, the Parties agree to select a mediator who is mutually agreeable to each of
`
`the Parties;
`
`WHEREAS, the Parties agree to hold the mediation in the San Francisco Bay Area;
`
`WHEREAS, Mobile Star believes that the Parties should complete mediation within 60
`
`
`
`
`
`- 1 -
`
`STIPULATION AND ORDER FOR PRIVATE
`MEDIATION
`3:16-CV-06001-WHO
`
`
`

`

`Case 3:16-cv-06001-WHO Document 80 Filed 02/21/17 Page 2 of 4
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`days of the Case Management Conference, and has requested that the Court stay discovery for 60
`
`days to allow the Parties to complete mediation without incurring the expense of additional
`
`discovery;
`
`WHEREAS, Apple opposes the request for a stay because it believes it needs additional
`
`discovery to engage in settlement discussions, to prosecute its case against Mobile Star, and to
`
`determine whether and which third-parties should be named as defendants, and believes that the
`
`Parties should work in good faith to complete mediation within 90 days of the Case Management
`
`Conference.
`
`Now, therefore, the Parties, through their respective counsel, stipulate as follows:
`
`10
`
`1.
`
`The Parties will use a private mediation service, such as JAMS, to mediate their
`
`11
`
`dispute, rather than the services of the Court’s ADR office;
`
`12
`
`13
`
`14
`
`2.
`
`3.
`
`4.
`
`The Parties will select a mediator who is mutually agreeable to each of the Parties;
`
`The Parties will hold the mediation in the San Francisco Bay Area;
`
`The Parties will work in good faith to complete the mediation either within 60 or
`
`15
`
`90 days of the Case Management Conference, depending on the Court’s order.
`
`16
`
`
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`[SIGNATURE PAGE FOLLOWS]
`
`
`
`- 2 -
`
`STIPULATION AND ORDER FOR PRIVATE
`MEDIATION
`3:16-CV-06001-WHO
`
`
`

`

`Case 3:16-cv-06001-WHO Document 80 Filed 02/21/17 Page 3 of 4
`
`
`
`
`
`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 -
`
`STIPULATION AND ORDER FOR PRIVATE
`MEDIATION
`3:16-CV-06001-WHO
`
`
`Dated: February 20, 2017
`
`
`
`
`
`Dated: February 20, 2017
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`

`

`Case 3:16-cv-06001-WHO Document 80 Filed 02/21/17 Page 4 of 4
`
`
`
`PURSUANT TO STIPULATION, IT IS SO ORDERED. The parties shall select
`
`their mediator by February 24, 2017 and hold the mediation at the earliest date practicable,
`
`hopefully within 60 days and no later than 90 days from today’s date. Discovery is not
`
`stayed but the parties shall focus on matters that are essential for an effective mediation
`
`HON. WILLIAM H. ORRICK
`United States District Judge
`
`
`
`By:
`
`only until the mediation is complete.
`
`
`
`
`Dated: February 21, 2017
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`- 4 -
`
`STIPULATION AND ORDER FOR PRIVATE
`MEDIATION
`3:16-CV-06001-WHO
`
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket