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Case 3:08-cv-03343-SI
1 2 3 4 5 6 7
Document 52
Filed 11/20/2008
Page 1 of 2
I. NEEL CHATTERJEE (STATE BAR NO. 173985) [email protected] DEBORAH E. FISHMAN (STATE BAR NO. 197584) [email protected] ROBERT W. RICKETSON (STATE BAR NO. 148481) [email protected] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: +1-650-614-7400 Facsimile: +1-650-614-7401 Attorneys for Defendant NVIDIA Corporation
8 9
UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA
11
SAN FRANCISCO DIVISION
12 13
RAMBUS, INC., Plaintiff,
14 15 16
Case No. C-08-03343 SI
v. NVIDIA CORPORATION, Defendant.
17 18
MOTION TO EXTEND TIME TO FILE ANSWER AND COUNTERCLAIMS (CIVIL LOCAL RULE 6-3) Date: Time: Judge:
N.A. N.A. The Hon. Susan Illston
19 20 21 22 23 24 25 26 27 28 OHS West:260553928.1 15075-2017 R23/R23
MOTION TO EXTEND TIME TO FILE ANSWER AND COUNTERCLAIMS C-08-03343 SI
Case 3:08-cv-03343-SI
1
Document 52
Filed 11/20/2008
Page 2 of 2
On November 19, 2008, the Court continued the initial Case Management Conference in
2
this action to January 30, 2009, pursuant to a request by defendant NVIDIA Corporation for a
3
continuance. In light of the new date of the CMC, and for the same reasons that a continuance of
4
the CMC was warranted, NVIDIA hereby respectfully requests an order continuing the deadline
5
for it to file its answer and counterclaims in this action from November 28, 2008 (the day after the
6
Thanksgiving holiday) to January 23, 2009.
7
As set forth in more detail in NVIDIA's request to continue the CMC, Rambus’ recently-
8
filed ITC Complaint and its pending motions to dismiss and transfer venue in North Carolina
9
present significant uncertainties as to issues that will go forward in this action and therefore
10
warrant a continuance to conserve resources and in the interest of sound case administration.1
11
NVIDIA did not seek an extension of time to file its Answer as part of its initial motion to
12
continue the CMC both because NVIDIA’s request to Rambus to stipulate to such an extension
13
was still pending and because NVIDIA was only sought to extend the CMC to December 23,
14
2008. Now that the CMC is scheduled for January 30, 2009, however, continuing NVIDIA’s
15
Answer to January 23, 2009 promotes judicial efficiency and conserves party resources.
16
Rambus has declined to stipulate to this extension. NVIDIA regrets burdening the Court
17
with a second motion to extend time, but believes it is both appropriate and in the interests of
18
justice under the circumstances. Given that the existing deadline to answer expires a week from
19
the date of this motion, NVIDIA respectfully requests expedited resolution of this request.
20
Dated: November 20, 2008
ORRICK, HERRINGTON & SUTCLIFFE LLP
21
/s/ Deborah E. Fishman /s/ DEBORAH E. FISHMAN Attorneys for Defendant NVIDIA CORPORATION
22 23 24 25 26 1
27 28
NVIDIA requests an extension to January 23, 2009 or such later time as the Court may deem appropriate. As noted in the prior motion, should the ITC institute an investigation of Rambus’s complaint, a stay of part or all of this action may be necessary, and further adjustments to the schedule could be required. OHS West:260553928.1 15075-2017 R23/R23
-2-
MOTION TO EXTEND TIME TO FILE ANSWER AND COUNTERCLAIMS C-08-03343 SI
1 2 3 4 5 6 7
Document 52
Filed 11/20/2008
Page 1 of 2
I. NEEL CHATTERJEE (STATE BAR NO. 173985) [email protected] DEBORAH E. FISHMAN (STATE BAR NO. 197584) [email protected] ROBERT W. RICKETSON (STATE BAR NO. 148481) [email protected] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: +1-650-614-7400 Facsimile: +1-650-614-7401 Attorneys for Defendant NVIDIA Corporation
8 9
UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA
11
SAN FRANCISCO DIVISION
12 13
RAMBUS, INC., Plaintiff,
14 15 16
Case No. C-08-03343 SI
v. NVIDIA CORPORATION, Defendant.
17 18
MOTION TO EXTEND TIME TO FILE ANSWER AND COUNTERCLAIMS (CIVIL LOCAL RULE 6-3) Date: Time: Judge:
N.A. N.A. The Hon. Susan Illston
19 20 21 22 23 24 25 26 27 28 OHS West:260553928.1 15075-2017 R23/R23
MOTION TO EXTEND TIME TO FILE ANSWER AND COUNTERCLAIMS C-08-03343 SI
Case 3:08-cv-03343-SI
1
Document 52
Filed 11/20/2008
Page 2 of 2
On November 19, 2008, the Court continued the initial Case Management Conference in
2
this action to January 30, 2009, pursuant to a request by defendant NVIDIA Corporation for a
3
continuance. In light of the new date of the CMC, and for the same reasons that a continuance of
4
the CMC was warranted, NVIDIA hereby respectfully requests an order continuing the deadline
5
for it to file its answer and counterclaims in this action from November 28, 2008 (the day after the
6
Thanksgiving holiday) to January 23, 2009.
7
As set forth in more detail in NVIDIA's request to continue the CMC, Rambus’ recently-
8
filed ITC Complaint and its pending motions to dismiss and transfer venue in North Carolina
9
present significant uncertainties as to issues that will go forward in this action and therefore
10
warrant a continuance to conserve resources and in the interest of sound case administration.1
11
NVIDIA did not seek an extension of time to file its Answer as part of its initial motion to
12
continue the CMC both because NVIDIA’s request to Rambus to stipulate to such an extension
13
was still pending and because NVIDIA was only sought to extend the CMC to December 23,
14
2008. Now that the CMC is scheduled for January 30, 2009, however, continuing NVIDIA’s
15
Answer to January 23, 2009 promotes judicial efficiency and conserves party resources.
16
Rambus has declined to stipulate to this extension. NVIDIA regrets burdening the Court
17
with a second motion to extend time, but believes it is both appropriate and in the interests of
18
justice under the circumstances. Given that the existing deadline to answer expires a week from
19
the date of this motion, NVIDIA respectfully requests expedited resolution of this request.
20
Dated: November 20, 2008
ORRICK, HERRINGTON & SUTCLIFFE LLP
21
/s/ Deborah E. Fishman /s/ DEBORAH E. FISHMAN Attorneys for Defendant NVIDIA CORPORATION
22 23 24 25 26 1
27 28
NVIDIA requests an extension to January 23, 2009 or such later time as the Court may deem appropriate. As noted in the prior motion, should the ITC institute an investigation of Rambus’s complaint, a stay of part or all of this action may be necessary, and further adjustments to the schedule could be required. OHS West:260553928.1 15075-2017 R23/R23
-2-
MOTION TO EXTEND TIME TO FILE ANSWER AND COUNTERCLAIMS C-08-03343 SI
