Karl Storz Endoscopy-America, Inc. v. FemSuite, LLC

Filing 48

STIPULATION AND ORDER re 45 granting Stipulation filed by FemSuite, LLC. Signed by Judge Vaughn R Walker on 11/26/2008. (cgk, COURT STAFF) (Filed on 11/26/2008)

Case 3:08-cv-03210-VRW

Document 45

Filed 11/26/2008

Page 1 of 3

1 BRYAN J. SINCLAIR (SBN 205885) Email: [e-mail] 2 MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO, PC 3 5 Palo Alto Square - 6th Floor 3000 El Camino Real 4 Palo Alto, California 94306-2155 Telephone: [phone] Facsimile: [phone] 6 Dean G. Bostock (ADMITTED PRO HAC VICE) Email: [e-mail] 7 MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO, PC 8 One Financial Center Boston, Massachusetts 02111 9 Telephone: [phone] Facsimile: [phone] 10 Attorneys for Defendant, 11 FEMSUITE, LLC 12 13 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. 3:08-CV-03210 VRW STIPULATION TO EXTEND TIME FOR DEFENDANT FEMSUITE, LLC TO REPLY TO PLAINTIFF KARL STORZ ENDOSCOPY-AMERICA, INC.'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED OR, IN THE ALTERNATIVE, TO STAY PROCEEDINGS Judge: Honorable Vaughn R. Walker Motion Date: December 11, 2008 Time: 2:30 p.m. Place: Courtroom 6, 17th Floor

15 KARL STORZ ENDOSCOPY-AMERICA, Inc., 16 Plaintiff, 17 vs. 18 FEMSUITE, LLC, 19 Defendant. 20 21 22 23 24 25 26

WHEREAS, on September 5, 2008, Defendant FEMSUITE, LLC ("FemSuite") filed its

27 Motion to Dismiss Plaintiff's Complaint filed by KARL STORZ ENDOSCOPY-AMERICA, INC. 28 ("KSEA") and noticed the Motion to Dismiss for oral argument on December 11, 2008 (Docket No. -1STIPULATION TO EXTEND TIME FOR DEF. TO REPLY TO PL.'S MEM. IN OPPOSITION TO DEF.'S MOT. TO DISMISS OR, IN THE ALTERNATIVE, TO STAY PROCEEDINGS; Case No. 3:08-CV-03210 VRW

Case 3:08-cv-03210-VRW

Document 45

Filed 11/26/2008

Page 2 of 3

1 22); 2 WHEREAS, on November 20, 2008, KSEA filed its Memorandum in Opposition to

3 Defendant's Motion to Dismiss (the "Opposition") (Docket No. 44); 4 WHEREAS, pursuant to Civil L.R. 7-3(c) and due to the Thanksgiving Holiday, FemSuite

5 must now file its Reply to the Opposition ("Reply") on or before Wednesday November 26, 2008; 6 WHEREAS, pursuant to Civil L.R. 7-3(c) and due to the Thanksgiving Holiday, FemSuite

7 now only has four court days to prepare and file a reply brief whereas it would normally have five 8 court days to prepare a reply. 9 10 WHEREAS, KSEA has agreed to grant FemSuite a short extension to file its Reply; WHEREAS, this is the first extension sought by a party in relation to FemSuite's Motion to

11 Dismiss, this extension is not for the purpose of delay, and the parties believe that this short 12 extension of time will not affect any dates or other deadlines that have been set by the Court, 13 including the December 11, 2008 hearing date, and is in the interests of fairness. 14 ACCORDINGLY, the parties, by and through their undersigned counsel, HEREBY

15 STIPULATE that Defendant FemSuite's Reply to Plaintiff KSEA's Opposition, which was 16 / / / 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / -2STIPULATION TO EXTEND TIME FOR DEF. TO REPLY TO PL.'S MEM. IN OPPOSITION TO DEF.'S MOT. TO DISMISS OR, IN THE ALTERNATIVE, TO STAY PROCEEDINGS; Case No. 3:08-CV-03210 VRW

Case 3:08-cv-03210-VRW

Document 45

Filed 11/26/2008

Page 3 of 3

1 originally due on November 26, 2008, may be electronically filed and served up to and including 2 December 1, 2008. 3 Dated: November 26, 2008 4 5 6 7 8 9 Dated: November 26, 2008 10 11 12 13 14 15 16 17 PURSUANT TO STIPULATION, IT IS SO ORDERED. 18 /s/ Alfredo A. Bismonte By: ALFREDO A. BISMONTE Attorneys for Plaintiff, KARL STORZ ENDOSCOPY-AMERICA, INC. Respectfully submitted, MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO, PC /s/ Bryan J. Sinclair By: BRYAN J. SINCLAIR Attorneys for Defendant, FEMSUITE, LLC Respectfully submitted, BECK, ROSS, BISMONTE & FINLEY, LLP

20 21 22 23 24 25 26 27 28
4484226v.1

UNIT ED

19

11/26/2008 Dated: ______________________

S

S DISTRICT TE C TA

RT U O

ER

N

D IS T IC T R

OF

-3STIPULATION TO EXTEND TIME FOR DEF. TO REPLY TO PL.'S MEM. IN OPPOSITION TO DEF.'S MOT. TO DISMISS OR, IN THE ALTERNATIVE, TO STAY PROCEEDINGS; Case No. 3:08-CV-03210 VRW

A

C

LI

aughn R Judge V

FO

Walker

R NIA

THE HONORABLE VAUGHN R. WALKER UNITED STATES DISTRICT COURT JUDGE

GRAN

TED

NO

RT

H