Vnus Medical Technologies Inc. v. Biolitec, Inc. et al

Filing 45

ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND SETTING DEADLINE TO SERVE DEFENDANT DORNIER MEDTECH AMERICA, INC. The Case Management Conference is continued from October 17, 2008 to November 14, 2008. Plaintiff is ordered to serve defendant Dornier Medtech America, Inc., no later than October 27, 2008. Signed by Judge Maxine M. Chesney on September 22, 2008. (mmclc1, COURT STAFF) (Filed on 9/22/2008)

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JAMES W. GERIAK (State Bar No. 32871) [e-mail] ALLAN W. JANSEN (State Bar No. 81992) [e-mail] ROBERT W. DICKERSON (State Bar No. 89367 [e-mail] MARK STIRRAT (State Bar No. 229448) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 4 Park Plaza, Suite 1600 Irvine, CA 92614-2558 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant NEW STAR LASERS, INC. d/b/a COOLTOUCH, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Case No. C08-03129-MMC VNUS MEDICAL TECHNOLOGIES, INC., v. BIOLITEC, INC., DORNIER MEDTECH AMERICA, INC., and NEW STAR LASERS, INC. d/b/a COOLTOUCH, INC., DAVID S. CENTANNI, and TYRELL L. SCHIEK STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND ORDER SETTING DEADLINE TO SERVE DEFENDANT DORNIER MEDTECH AMERICA, INC.

OHS West:260509089.1
STIPULATION AN D [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

(C08-03129-MMC)

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WHEREAS, a Case Management Conference is scheduled to take place on October 17, 2008, at 10:30 a.m., in Courtroom No. 7; WHEREAS, lead counsel for defendant New Star Lasers, Inc. d/b/a Cooltouch, Inc. ("Cooltouch") will be out of the country on October 17, 2008; WHEREAS, counsel for defendant biolitec, Inc. ("biolitec") will be unavailable until after November 7, 2008 as a result of an order received on September 17, 2008 in Keurig, Inc. v. Kraft Foods Global, Inc. (D. Del. Civil Action No. 07-0017 GMS) ("Keurig") rescheduling trial to begin on October 30, 2008 and end on November 6, 2008. Trial had previously been scheduled to begin on October 23 and end on October 30. The three attorneys from Wolf, Greenfield & Sacks who have entered appearances on behalf of biolitec are all involved in the Keurig trial; WHEREAS, the Court has indicated that November 14, 2008 is available for the Case Management Conference; NOW THEREFORE, plaintiff VNUS Medical Technologies, Inc. and defendants Cooltouch and biolitec, through their respective counsel of record, hereby stipulate, agree, and jointly apply to the Court for an Order in the above-entitled action continuing the Case Management Conference from October 17, 2008 to November 14, 2008, at 10:30 a.m., in Courtroom No. 7. Defendants Dornier Medtech America, Inc., David S. Centanni, and Tyrell L. Schiek have not yet appeared in this matter. Dated: September 19, 2008 ORRICK, HERRINGTON & SUTCLIFFE LLP

By:

/s/ James W. Geriak James W. Geriak Allan W. Jansen Robert W. Dickerson Mark Stirrat Attorneys for Defendant NEW STAR LASERS, INC. d/b/a COOLTOUCH, INC.

OHS West:260509089.1

-2(C08-03129-MMC)

STIPULATION AN D [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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Dated: September 19, 2008

DAVIS POLK & WARDWELL

By:

/s/ Matthew B. Lehr Matthew B. Lehr Diem-Suong T. Nguyen Chung G. Suh Attorney for Plaintiff VNUS MEDICAL TECHNOLOGIES, INC.

Dated: September 19, 2008 7 8

COBLENTZ, PATCH, DUFFY & BASS, LLP

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OHS West:260509089.1

/s/ Howard A. Slavitt Howard A. Slavitt Attorney for Defendant BIOLITEC, INC.

I hereby attest that I have on file written permission to sign this stipulation from all parties whose signatures are indicated by a "conformed" signature (/s/) within this efiled document. ORRICK, HERRINGTON & SUTCLIFFE LLP

/s/ James W. Geriak James W. Geriak Allan W. Jansen Robert W. Dickerson Mark Stirrat Attorneys for Defendant NEW STAR LASERS, INC. d/b/a COOLTOUCH, INC.

-3(C08-03129-MMC)

STIPULATION AN D [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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OHS West:260509089.1

[PROPOSED] ORDER The Court, having considered the above stipulation of plaintiff VNUS Medical Technologies, Inc. and defendants New Star Lasers, Inc. d/b/a Cooltouch, Inc. and biolitec, Inc., and good cause appearing, hereby ORDERS: 1. 2008 is vacated. 2. The Case Management Conference will be held on November 14, 2008. The Case Management Conference currently scheduled for October 17,

Further, plaintiff is hereby ORDERED to serve defendant Dornier Medtech America, Inc., no later than October 27, 2008.

IT IS SO ORDERED.

September 22, 2008 Dated: ______________________

__________________________________________ MAXINE M. CHESNEY United States District Court Judge

STIPULATION AN D [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

(C08-03129-MMC)