Pharmaniaga Berhad v. E*Healthline.com, Inc.

Filing 38

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 02/26/18 MODIFING 30 Page Limit Stipulation and Order; Pharmaniaga's one brief responding to the arguments raised in EHL's Cross-Motionto Vacate and Memorandum of Points and Authorities Opposing the Motion for Confirmation and Supporting the Cross-Motion to Vacate shall not exceed 20 pages; Pharmaniaga's opposition to EHL's Motion to Dismiss shall not exceed ten 10 pages; EHL's reply in support of its Cross-Motion to Vacate shall not exceed 10 pages; EHL's reply in support of its Motion to Dismiss shall not exceed 5 pages. (Benson, A.)

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LATHAM & WATKINS LLP
Melanie M. Blunschi (SBN 234264)
[e-mail]
Patrick K. O’Brien (SBN 292470)
[e-mail]
505 Montgomery Street, Suite 2000
San Francisco, California 94111-6538
Telephone: [phone]
Facsimile: [phone]
R. Peter Durning, Jr. (SBN 277968)
[e-mail]
355 South Grand Avenue, Suite 100
Los Angeles, CA 90071-1560
Telephone: [phone]
Facsimile: [phone]
Attorneys for Petitioner
Pharmaniaga Berhad

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION
PHARMANIAGA BERHAD,
a Malaysian entity,
Petitioner,

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v.
E*HEALTHLINE.COM, INC.,
a Delaware corporation,

CASE NO. 2:17-cv-02672-MCE-EFB
The Honorable Morrison C. England, Jr.
Courtroom 7
STIPULATION AND ORDER MODIFYING
PAGE LIMITS IN COURT’S FEBRUARY 22,
2018 ORDER (ECF NO. 30)

Respondent.

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ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND [PROPOSED] ORDER
MODIFYING PAGE LIMITS

JOINT STIPULATION

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WHEREAS, on January 12, 2018, Petitioner Pharmaniaga Berhad (“Pharmaniaga”)

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filed its Petition and Motion for Confirmation of Foreign Arbitral Award, Entry of Judgment,

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and Attorney’s Fees Incurred in Confirming the Award (“Motion to Confirm”);

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WHEREAS, on February 2, 2018, Respondent E&HealthLine.com, Inc. (“EHL”) filed

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its Motion to Dismiss for Failure to State a Claim and Lack of Jurisdiction (“Motion to

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Dismiss”), which included an 8-page Memorandum of Points and Authorities in Support of the

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Motion to Dismiss (ECF No. 23-1);

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WHEREAS, on February 8, 2018, EHL filed its Cross-Motion to Vacate Arbitral Award

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(“Cross-Motion to Vacate”), which included a 20-page consolidated Memorandum of Points

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and Authorities Opposing the Motion for Confirmation and Supporting the Cross-Motion to

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Vacate (ECF No. 26-1);

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WHEREAS, on February 15, 2018, Pharmaniaga and EHL filed a stipulation in which the

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parties agreed that it was in the interest of efficiency to consolidate Pharmaniaga’s briefing on

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the Motion to Confirm and EHL’s Cross-Motion to Vacate (ECF No. 28);

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WHEREAS, on February 22, 2018 (the deadline for Pharmaniaga’s opposition to the

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Motion to Dismiss and for Pharmaniaga’s consolidated response regarding the Motion to

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Confirm and Cross-Motion to Vacate) granted the parties’ stipulation and added a page

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limitations for the remaining briefing regarding the Motion to Dismiss, Motion to Confirm, and

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Cross-Motion to Vacate (ECF No. 30);

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WHEREAS, the page limits set for the opposition and reply regarding the Motion to

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Dismiss are 20 pages and 10 pages, respectively, while the page limits for the consolidated

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response regarding the Motion to Confirm and Cross-Motion to Vacate are 10 pages and 5 pages,

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respectively;

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WHEREAS, the parties agree that issues raised in the Motion to Confirm and Cross-

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Motion to Vacate are more numerous and complex than those raised in the Motion to Dismiss,

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such that it would be preferable to apply the longer page limits to the consolidated briefing on

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND ORDER MOD

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the Motion to Confirm and Cross-Motion to Vacate and the shorter page limits to the briefing on

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the Motion to Dismiss;

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WHEREAS, the parties’ proposal regarding page limitations will not impact the total

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number of pages that the parties will file with the Court on the two motions as contemplated by

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the Court’s February 22, 2018 Order;
NOW, THEREFORE, the parties hereby stipulate and request that the Court order as

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follows:

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1. Pharmaniaga’s one brief responding to the arguments raised in EHL’s Cross-Motion

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to Vacate and Memorandum of Points and Authorities Opposing the Motion for Confirmation

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and Supporting the Cross-Motion to Vacate shall not exceed twenty (20) pages;
2. Pharmaniaga’s opposition to EHL’s Motion to Dismiss shall not exceed ten (10)

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pages;

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3. EHL’s reply in support of its Cross-Motion to Vacate shall not exceed ten (10) pages;

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4. EHL’s reply in support of its Motion to Dismiss shall not exceed five (5) pages.

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IT IS SO STIPULATED.

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Dated: February 22, 2018

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LATHAM & WATKINS LLP
By: /s/ Melanie M. Blunschi
Melanie M. Blunschi
Attorneys for Petitioner
Pharmaniaga Berhad

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Dated: February 22, 2018

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DENTONS US LLP
By: /s/ Andrew S. Azarmi
(as authorized on February 22, 2018)
Andrew S. Azarmi
Attorneys for Respondent
E*HealthLine.com, Inc.

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND ORDER MOD

ORDER

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Pursuant to the stipulation of the parties, the page limits related to the parties’ pending
motions shall be modified as set forth in the stipulation above.
IT IS SO ORDERED.
Dated: February 26, 2018

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND ORDER MOD