Medtronic, Inc. et al v. AGA Medical Corporation

Filing 133

ORDER RE: STIPULATION REQUESTING SPECIAL STATUS CONFERENCE TO REQUEST TWO WEEK EXTENSION OF TIME TO COMPLETE FACT DEPOSITIONS AND EXPERT DISCOVERY. Signed by Judge Maxine M. Chesney on November 17, 2008. (mmclc2, COURT STAFF) (Filed on 11/17/2008)

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DECHERT LLP
A T T O R N E Y S A T LAW S I L I C O N VALLEY

James J. Elacqua (CSB No. 187897) [e-mail] Noemi C. Espinosa (CSB No. 116753) [e-mail] Michelle W. Yang (CSB No. 215199) [e-mail] Hieu H. Phan (CSB No. 218216) [e-mail] DECHERT LLP 2440 W. El Camino Real, Suite 700 Mountain View, California 94040-1499 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs MEDTRONIC, INC., MEDTRONIC USA, INC., AND MEDTRONIC VASCULAR, INC. Steven D. Hemminger ALSTON & BIRD LLP Two Palo Alto Square 3000 El Camino Real, Suite 400 Palo Alto, California 94306-2112 Telephone: [phone] Facsimile: [phone] Attorney for Defendant AGA MEDICAL CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MEDTRONIC, INC., a Minnesota corporation, MEDTRONIC USA, INC., a Minnesota corporation, and MEDTRONIC VASCULAR, INC., a Delaware corporation, Plaintiffs, v. AGA MEDICAL CORPORATION, a Minnesota corporation, Defendant. Case No. C07-00567 MMC STIPULATION AND [PROPOSED] ORDER REQUESTING SPECIAL STATUS CONFERENCE TO REQUEST TWO WEEK EXTENSION OF TIME TO COMPLETE FACT DEPOSITIONS AND EXPERT DISCOVERY ; ORDER Date: November 14, 2008 Time: 10:30 a.m. Location: Courtroom 7, 19th Floor

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STIPULATION AND [PROPOSED] ORDER CASE NO. C07-00567 MMC

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DECHERT LLP
A T T O R N E Y S A T LAW S I L I C O N VALLEY

Pursuant to Fed. R. Civ. P. 16, Civ. L. R. 6-2 , 16-10(c), and Rule 6 of the Court's Standing Order, Medtronic, Inc., Medtronic USA, Inc., and Medtronic Vascular, Inc. (collectively, "Medtronic") hereby submit this stipulated request for a special status conference in accordance with the Court's September 22, 2008 Order to request the Court for an order granting a two week extension of time within which to complete fact depositions and expert discovery, including the exchange of expert reports. This modification to the Court's March 11, 2008 Pretrial Preparation Order (Dkt. No. 100) is requested to accommodate the schedules of witnesses and counsel for depositions that have already been noticed. This time modification will not alter any other dates on the schedule for this case. On September 4 and 12, 2008, Medtronic and AGA (collectively, the "Parties") filed Stipulated Requests for Continuance of Pretrial and Trial Dates. Dkt. Nos. 110, 112. These Requests were denied for inter alia, failing to show good cause for the relief requested and because the proposed schedule did not provide sufficient time between the proposed dispositive motion hearing date and the proposed deadline for filings submitted in connection with the Pretrial Conference. Dkt. Nos. 111, 113. In its September 22, 2008 Order, the Court indicated that a Stipulated Request for a Status Conference should be filed if the Parties wished to further pursue the continuance of any pretrial dates. Medtronic, therefore, submits this stipulation to request a special status conference to request a two week extension within which to complete fact depositions and expert discovery. This request is supported by good cause and will not affect any additional dates, including dispositive motion dates. Good cause exists to extend the fact discovery cut-off date because of scheduling conflicts related to a number of fact witnesses sought to be deposed within the limited number of days remaining in the current discovery period. Counsel for the Parties have met and conferred multiple times in an attempt to schedule all remaining depositions within the existing timeframe. However, due to the number of party and third-party witnesses requested, scheduling difficulties, and geographic locations of these witnesses, a schedule could not be reached for all the witnesses by December 5, 2008, the current fact discovery cut-off deadline. To date, the Parties have noticed multiple third party and party witnesses. The geographic locations of these witnesses
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STIPULATION AND [PROPOSED] ORDER CASE NO. C07-00567 MMC

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DECHERT LLP
A T T O R N E Y S A T LAW S I L I C O N VALLEY

extend from Anchorage, Alaska to Boston, Massachusetts, and include Minneapolis, Minnesota, Pasadena, Santa Rosa and Palo Alto, California. As a consequence of an extension to complete fact depositions by two weeks, good cause also exists to extend the date within which to complete expert discovery by two weeks, including the exchange of expert reports. Allowing the parties to complete fact depositions by December 19, 2008 and expert discovery by February 27, 2009 will ease the burden imposed on witnesses, counsel and the Parties, without imposing any burdens on judicial resources. All remaining pretrial dates are unaffected by this requested extension. Previously, the Parties have stipulated to extending the times to Answer the Complaint, Reply to the Answer and Counterclaims, Exchange Preliminary Claim Constructions and Extrinsic Evidence, Disclose Expert Witnesses, Exchange Claim Construction Exhibits and Tutorial Materials, and Filing a Redacted Claim Construction Brief and Declaration Exhibits. Although the Court's September 22, 2008 Order indicates that a Stipulated Request for a Status Conference should be filed if the Parties wish to pursue the continuance of any pretrial dates, Counsel for Medtronic spoke to the Court's clerk, Tracy Lucero, today who indicated that a status conference may not be necessary. However, Counsel for the Parties are available for a further status conference if the Court believes it is necessary. .Dated: November 13, 2008 Respectfully submitted, DECHERT LLP /s/ Noemi C. Espinosa By: Noemi C. Espinosa Counsel for Plaintiffs MEDTRONIC, INC., MEDTRONIC USA, INC., AND MEDTRONIC VASCULAR, INC. Dated: November 13, 2008 ALSTON & BIRD LLP By: /s/ Steven D. Hemminger Steven D. Hemminger Counsel for Defendant AGA MEDICAL CORPORATION

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STIPULATION AND [PROPOSED] ORDER CASE NO. C07-00567 MMC

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DECHERT LLP
A T T O R N E Y S A T LAW S I L I C O N VALLEY

FILER'S ATTESTATION I, Noemi C. Espinosa, attest pursuant to General Order No. 45 that concurrence in the filing of this document has been obtained from Steven D. Hemminger. Dated: November 13, 2008 /s/ Noemi C. Espinosa Noemi C. Espinosa DECHERT LLP 2440 W. El Camino Real, Suite 700 Mountain View, CA 94040-1499 Telephone: [phone] Facsimile: [phone]

[PROPOSED] ORDER Before this Court is the Stipulated Request for a Special Status Conference to request a two week extension of time within which to complete fact depositions and expert discovery, including the exchange of expert reports. This Court, having considered the Stipulated Request, hereby orders the following: 1. The Special Status Conference is scheduled for November 14, 2008 at 10:30 a.m.., Courtroom 7, 19th Floor, OR 2. The fact discovery cut-off date of December 5, 2008 is extended two weeks to December 19, 2008 solely to permit completion of fact depositions already noticed. The last day for expert discovery is extended two weeks, including the exchange of expert reports, to February 27, 2009. The above extensions, however, shall not serve as good cause to extend the trial date or any other pretrial dates, including the dispositive motion filing date. PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: November 17, 2008

HON. MAXINE M. CHESNEY UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND [PROPOSED] ORDER CASE NO. C07-00567 MMC