Ixchel Pharma, LLC. v. Biogen Inc.

Filing 19

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/16/17, ORDERING that Biogen's 16 Motion to Dismiss is MOOT. Biogen shall file a motion to dismiss, answer, or other response to the First Amended Complaint by 7/21/2017. Ixchel shall file its opposition to Biogen's motion to dismiss by 8/11/2017. Biogen shall file its reply in support of its motion to dismiss by 8/25/2017. The hearing on the motion to dismiss shall be noticed for hearing on 9/5/2017 at 1:30 pm. A Joint Status Report shall be filed no later than 9/11/2017. (Kastilahn, A)

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Christopher D. Banys (CSB #230038)
Richard C. Lin (CSB #209233)
Jennifer L. Gilbert (CSB #255820)
Christopher J. Judge (CSB #274418)
BANYS, P.C.
1032 Elwell Court, Suite 100
Palo Alto, CA 94303
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[phone]
Attorneys for Plaintiff,
IXCHEL PHARMA, LLC

Mark S. Popofsky (CSB #175476)
ROPES & GRAY LLP
2099 Pennsylvania Avenue, NW
Washington, DC 20006-6807
[e-mail]
[phone]
Rocky C. Tsai (CSB #221452)
ROPES & GRAY LLP
Three Embarcadero Center
San Francisco, CA 94111-4006
[e-mail]
[phone]
Attorneys for Defendant,
BIOGEN INC.

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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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IXCHEL PHARMA, LLC,

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Plaintiff,

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v.
BIOGEN INC.,
Defendant.

Case No. 2:17-cv-00715-WBS-EFB
STIPULATION AND [PROPOSED]
ORDER ON BRIEFING AND HEARING
SCHEDULE REGARDING RESPONSE
TO FIRST AMENDED COMPLAINT

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STIPULATION
Plaintiff Ixchel Pharma, LLC (“Ixchel”) and Defendant Biogen Inc. (“Biogen”), by and
through their undersigned counsel, hereby stipulate and agree that:

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WHEREAS, Ixchel filed its Complaint on April 4, 2017;

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WHEREAS, the Court granted the parties’ Stipulation and Proposed Order on Briefing

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Schedule, Hearing, and Initial Scheduling Conference on April 20, 2017;

STIPULATION AND [PROPOSED] ORDER

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CASE NO. 2:17-cv-00715-WBS-EFB

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WHEREAS, Biogen filed its Motion to Dismiss the Complaint on May 24, 2017;

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WHEREAS, Ixchel filed a First Amended Complaint on June 14, 2017;

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WHEREAS, in light of the pre-existing schedules of Biogen’s counsel, Ixchel and

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Biogen have agreed, subject to the Court’s approval, to enlarge Biogen’s time to respond to the

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First Amended Complaint and to adjust related briefing and hearing deadlines as set forth below;

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WHEREAS, one prior extension of time has been granted by stipulation, and the parties’

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agreed time modifications would not affect the date of the initial scheduling conference;

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT:

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1. Biogen’s previously-filed Motion to Dismiss the Complaint (Dkt. No. 16) is now moot

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in light of Ixchel’s filing of its First Amended Complaint, and the previously-scheduled August

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21, 2017 hearing date for that motion shall be taken off the Court’s calendar.

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2. Biogen shall file and serve a motion to dismiss, answer, or other response to the First
Amended Complaint by July 21, 2017.
3. Ixchel shall file and serve its opposition to Biogen’s motion to dismiss the First
Amended Complaint by August 11, 2017.
4. Biogen shall file and serve its reply in support of its motion to dismiss the First

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Amended Complaint by August 25, 2017.
5. Ixchel shall not move for a default judgment on the basis that Biogen has not filed and
served a response to the First Amended Complaint by the original deadline of June 28, 2017.
6. The hearing on the motion to dismiss the First Amended Complaint filed by Biogen shall
be noticed for hearing on September 5, 2017 at 1:30 pm.
7. The date of the initial scheduling conference shall remain September 25, 2017 at 1:30
pm. A Joint Status Report shall be filed no later than September 11, 2017.

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STIPULATION AND [PROPOSED] ORDER

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CASE NO. 2:17-cv-00715-WBS-EFB

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SO STIPULATED AND AGREED TO BY:

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Dated: June 16, 2017

_/s/ Rocky C. Tsai

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Rocky C. Tsai (CSB #221452)
ROPES & GRAY LLP
Three Embarcadero Center
San Francisco, CA 94111-4006
[e-mail]
[phone]

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Mark S. Popofsky (CSB #175476)
ROPES & GRAY LLP
2099 Pennsylvania Avenue, NW
Washington, DC 20006-6807
[e-mail]
[phone]

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Attorneys for Defendant,
BIOGEN INC.

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Dated: June 16, 2017

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_/s/ Christopher D. Banys (as authorized on 6/15/17)
Christopher D. Banys (CSB #230038)
Richard C. Lin (CSB #209233)
Jennifer L. Gilbert (CSB #255820)
Christopher J. Judge (CSB #274418)
BANYS, P.C.
1032 Elwell Court, Suite 100
Palo Alto, CA 94303
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[phone]

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Attorneys for Plaintiff,
IXCHEL PHARMA, LLC

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STIPULATION AND [PROPOSED] ORDER

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CASE NO. 2:17-cv-00715-WBS-EFB

ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated: June 16, 2017
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CERTIFICATE OF SERVICE

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I hereby certify that on June 16, 2017, I have caused a true and accurate copy of this

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document to be served upon counsel for the Plaintiff below via electronic service as set forth in

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the CM/ECF procedures of this Court:

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Christopher D. Banys (CSB #230038)
Richard C. Lin (CSB #209233)
Jennifer L. Gilbert (CSB #255820)
Christopher J. Judge (CSB #274418)
BANYS, P.C.
1032 Elwell Court, Suite 100
Palo Alto, California 94303
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[phone]

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_/s/ Rocky C. Tsai____
Rocky C. Tsai

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STIPULATION AND [PROPOSED] ORDER

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CASE NO. 2:17-cv-00715-WBS-EFB