Ixchel Pharma, LLC. v. Biogen Inc.

Filing 36

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 10/6/17 ORDERING that the briefing and hearing schedule for Biogen's Motion to Dismiss the Second Amended Complaint shall be as follows: Biogen's Opening Brief will be filed by 10/23/17. Ixchel's Opposition Brief will be filed by 11/13/17. Biogen's Reply Brief will be filed by 11/30/17. The hearing date shall be noticed for 1/8/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The initial scheduling conference currently on calendar for 11/6/17 shall be CONTINUED to 1/29/18 at 1:30 p.m. The parties shall file their joint status report by no later than 1/15/18. (Mena-Sanchez, L)

1
2
3
4
5
6
7

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

8

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.

9
10

UNITED STATES DISTRICT COURT

11

EASTERN DISTRICT OF CALIFORNIA

12

SACRAMENTO DIVISION

13
14

Case No. 2:17-cv-00715-WBS-EFB

15
16

IXCHEL PHARMA, LLC,

17

Plaintiff,

18
19
20

v.
BIOGEN INC.,

STIPULATION AND [PROPOSED]
ORDER RE: (1) BRIEFING AND
HEARING SCHEDULE FOR MOTION
TO DISMISS SECOND AMENDED
COMPLAINT; AND (2)
CONTINUANCE OF INITIAL
SCHEDULING CONFERENCE

Defendant.

21
22
23
24
25

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

26

WHEREAS, on September 12, 2017, the Court issued its Order granting Biogen’s

27

motion to dismiss as to all claims in the First Amended Complaint and giving Ixchel an

28

opportunity to file a Second Amended Complaint by October 2, 2017 (Dkt. No. 25);

STIP. RE MTD BRIEFS/HEARING & CONTINUANCE OF INITIAL CONF. -1-

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

WHEREAS, Ixchel filed its Second Amended Complaint on October 2, 2017 (Dkt. No.

1
2
3
4

34);
WHEREAS, the initial scheduling conference in this action is currently on calendar for
November 6, 2017 (Dkt. No. 31);

5

WHEREAS, in light of the above and in light of the parties’ schedules and the available

6

hearing dates, Ixchel and Biogen have agreed, subject to the Court’s approval, to a briefing and

7

hearing schedule for Biogen’s motion to dismiss the Second Amended Complaint, and to a

8

continued date for the initial scheduling conference;

9
10
11

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT:
The briefing and hearing schedule for Biogen’s motion to dismiss the Second Amended
Complaint shall be as follows:

12

Biogen’s Opening Brief will be filed by October 23, 2017

13

Ixchel’s Opposition Brief will be filed by November 13, 2017

14

Biogen’s Reply Brief will be filed by November 30, 2017

15
16
17

The hearing date shall be noticed for January 8, 2018 at 1:30 p.m. Pacific Time.
The initial scheduling conference currently on calendar for November 6, 2017 shall be
continued to January 29, 2018 at 1:30 p.m. Pacific Time. The parties shall file their joint status

18
report by no later than January 15, 2018.
19
20
21
22
23
24
25
26
27
28

STIP. RE MTD BRIEFS/HEARING & CONTINUANCE OF INITIAL CONF. -2-

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

1

SO STIPULATED AND AGREED TO BY:

2
3

Dated: October 3, 2017

_/s/ Rocky C. Tsai

_____________

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

4
5
6
7

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

8
9
10

Attorneys for Defendant,
BIOGEN INC.

11
12
13
14
15
16
17
18
19
20
21

Dated: October 3, 2017

_/s/ Richard C. Lin (as authorized on 10/3/17)
Christopher D. Banys (CSB #230038)
Richard C. Lin (CSB #209233)
Jennifer L. Gilbert (CSB #255820)
BANYS, P.C.
1032 Elwell Court, Suite 100
Palo Alto, CA 94303
[e-mail]
[e-mail]
[e-mail]
[phone]
Attorneys for Plaintiff,
IXCHEL PHARMA, LLC

22
23
24
25
26
27
28

STIP. RE MTD BRIEFS/HEARING & CONTINUANCE OF INITIAL CONF. -3-

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

ORDER

1

PURSUANT TO STIPULATION, IT IS SO ORDERED.
2
3
4

Dated: October 6, 2017

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIP. RE MTD BRIEFS/HEARING & CONTINUANCE OF INITIAL CONF. -4-

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

1

CERTIFICATE OF SERVICE

2
3
4
5

I hereby certify that on October 3, 2017, I have caused a true and accurate copy of this
document to be served upon counsel for the Plaintiff below via electronic service as set forth in
the CM/ECF procedures of this Court:

6
7
8
9
10
11

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

12
13
14

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

15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIP. RE MTD BRIEFS/HEARING & CONTINUANCE OF INITIAL CONF. -5-

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