Thermogenesis Corp. v. Origen Biomedical, Inc.

Filing 15

ORDER signed by Chief Judge Morrison C. England, Jr on 3/10/14 GRANTING the request for leave to extend the time for defendant Origen Biomedical, Inc. to respond the the complaint. Response due by 3/14/14. Joint Status Report deadline is extended to 3/17/14. (Manzer, C)

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THOMAS A. WOODS (SB #210050)
[e-mail]
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
ORIGEN BIOMEDICAL, INC.

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ANDREA M. MILLER (SB #88992)
[e-mail]
NAGELEY, MEREDITH & MILLER, INC.
8801 Folsom Blvd., Suite 172
Sacramento, CA 95826
Telephone: [phone]
Facsimile: [phone]

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JOANNA M. ESTY (SB #147903)
[e-mail]
MAJESTY LAW GROUP PLC
6080 Center Drive, 6th Floor
Los Angeles, CA 90045
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
THERMOGENESIS CORP.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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THERMOGENESIS CORP.,

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Plaintiff,
v.
ORIGEN BIOMEDICAL, INC.,

Case No. 2:13-CV-02619-MCE-DAD
STIPULATION AND ORDER FURTHER
ENLARGING TIME OF DEFENDANT
ORIGEN BIOMEDICAL, INC. TO
RESPOND TO COMPLAINT AND TO
CONTINUE DEADLINES UNDER RULE
26(f)

Defendant.
[Fed. R. Civ. P. 6; Local Rule 144]

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WHEREAS on December 17, 2013 Plaintiff ThermoGenesis Corporation (“Plaintiff”)

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filed its Complaint for Patent Infringement (“Complaint”) against Defendant OriGen Biomedical,

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Inc. (“Defendant”);

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WHEREAS Defendant’s responsive pleading was initially due to be filed January 23,
2014;
WHEREAS on or about January 23, 2014, the parties submitted a STIPULATION, by and

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through their respective counsel, pursuant to Local Rule 144 and Fed. R. Civ. P. 6(b), for an

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approximate one month period of time for Defendant to file its responsive pleading to the

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Complaint, which time would enable the parties to better understand one another’s position and

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allow for a period of discussion aimed at early resolution of the matter. According to the parties’

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Stipulation and the Order thereon, Defendant’s response to the Complaint is presently due on or

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before February 28, 2014.

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WHEREAS on February 7, 2014, the parties and their counsel met, in person, in

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Sacramento, California, to discuss one another’s positions concerning the issues raised in the

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Complaint.

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WHEREAS on February 7, 2014, the parties arrived at an oral agreement in principal to

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resolve this matter in full, pursuant to specific terms that are in the process of being memorialized

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in a writing between the parties.

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WHEREAS Plaintiff and Defendant, by and through their counsel of record, hereby

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STIPULATE to an additional extension of time for Defendant to respond to the Complaint, if

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necessary, until on or before Friday, March 14, 2014. This is additional extension of time (of

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less than one month) will enable the parties to prepare final documents resolving this matter in

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full, without the attention and resources of the parities and the court being diverted to responsive

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pleading preparation that is imminent, but likely unnecessary.

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Based on the foregoing, the parties agree that Defendant will have until March 14, 2014,

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to file its answer or to otherwise move in response to the Complaint. The parties also agree to a

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two week continuance of the deadline for counsel for Plaintiff and Defendant to meet-and-confer

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regarding a Joint Status Report and filing of a Joint Status Report, pursuant to the Court’s Order

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Requiring Joint Status Report (see ECF No. 4) and consistent with Federal Rule of Civil

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Procedure 26(f), which deadline is currently scheduled for March 3, 2014. The new deadline for

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the parties to meet-and-confer and filed a Joint Status Report is therefore, March 17, 2014.

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DATED: February 25, 2014

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STOEL RIVES LLP

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By: /s/ Thomas A. Woods
THOMAS A. WOODS
Attorneys for Defendant
ORIGEN BIOMEDICAL, INC.

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DATED: February 24 2014

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MAJESTY LAW GROUP PLC

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By: /s/ JoAnna M. Esty
(as authorized on 2/24/14)
JOANNA M. ESTY
Attorneys for Plaintiff
THERMOGENESIS CORP.

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ORDER
Based upon the foregoing Stipulation of the Parties and for good cause appearing

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therefore, IT IS HEREBY ORDERED that the Parties’ request for leave to extend the time for

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Defendant Origen Biomedical, Inc. to respond to the complaint in the above-captioned action is

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GRANTED. Defendant’s response to the complaint in the form of an answer or motion must now

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be filed with the Court on or before March 14, 2014. IT IS FURTHER ORDERED that the

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deadline for the parties to meet-and-confer and submit a Joint Status Report consistent with Rule

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26(f) and this Court’s Order Requiring Joint Status Report shall be extended to March 17, 2014.

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IT IS SO ORDERED.
Dated: March 10, 2014