Ixchel Pharma, LLC. v. Biogen Inc.

Filing 9

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 04/20/17 ORDERING that Biogen shall file a motion to dismiss, answer, or other response to the Complaint by 05/24/17; Ixchel shall file its opposition to any motion to dismiss by 07/14/ 17; Biogen shall file its reply by 07/28/17; Ixchel shall not move for a default judgment on the basis that Biogen has not filed a response to the Complaint by the original deadline of 04/26/17; the hearing on any motion to dismiss shall be 08/21/17 at 1:30 p.m.; Initial Scheduling Conference is RESET for 9/25/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb with a Joint Status Report due by 09/11/17. (Benson, A)

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

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

Attorneys for Plaintiff,
IXCHEL PHARMA, LLC

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

v.

STIPULATION AND [PROPOSED]
ORDER ON BRIEFING SCHEDULE,
HEARING, AND INITIAL
SCHEDULING CONFERENCE

BIOGEN INC.,

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Defendant.

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STIPULATION
Plaintiff Ixchel Pharma, LLC (“Ixchel”) and Defendant Biogen Inc. (“Biogen”), through
their 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 has currently set the initial scheduling conference for July 31,

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2017 (Dkt. No. 3);

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WHEREAS, counsel for Biogen was retained on April 13, 2017;

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WHEREAS, counsel for Biogen are unavailable to appear on July 31, 2017;

STIPULATION AND [PROPOSED] ORDER
62208111_2

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

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WHEREAS, Ixchel and Biogen have agreed, subject to the Court’s approval, to enlarge

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Biogen’s time to respond to the Complaint, reschedule the initial scheduling conference, and

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adjust related deadlines as set forth below;

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WHEREAS, no prior extension of time has been requested, no case schedule has been

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entered, and the parties’ agreed time modifications would not affect any case schedule other than

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continuing the initial scheduling conference;

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT:
1. Biogen shall file and serve a motion to dismiss, answer, or other response to the
Complaint by May 24, 2017.

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2. Ixchel shall file and serve its opposition to any motion to dismiss by July 14, 2017.

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3. Biogen shall file and serve its reply in support of any motion to dismiss by July 28,

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2017.
4. Ixchel shall not move for a default judgment on the basis that Biogen has not filed and
served a response to the Complaint by the original deadline of April 26, 2017.
5. The hearing on any motion to dismiss filed by Biogen shall be heard on August 21, 2017

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at 1:30 p.m.
6. The initial scheduling conference shall be continued to September 25, 2017 at
1:30 p.m. A Joint Status Report shall be filed no later than September 11, 2017.

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STIPULATION AND [PROPOSED] ORDER
62208111_2

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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: April 18, 2017

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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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Attorney for Defendant,
BIOGEN INC.

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_/s/ Rocky C. Tsai

Dated: April 18, 2017

_/s/ Christopher D. Banys (as authorized on 4/18/17)

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

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Attorney for Plaintiff,
IXCHEL PHARMA, LLC

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STIPULATION AND [PROPOSED] ORDER
62208111_2

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