Onyx Pharmaceuticals, Inc. v. Bayer Corporation et al

Filing 46

STIPULATION AND ORDER extending mediation deadline to 5/13/2010; Status Conference continued to 5/17/2010 03:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 1/12/2010. (awb, COURT STAFF) (Filed on 1/13/2010)

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LAWRENCE R. KATZIN (CA SBN 142885) [e-mail] NATALIE THINGELSTAD (CA SBN 255400) [e-mail] AMY C. DACHTLER (CA SBN 248589) [e-mail] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: [phone] MARK L. LEVINE (admitted pro hac vice) [e-mail] JASON L. PELTZ (admitted pro hac vice) [e-mail] BRIAN C. SWANSON (admitted pro hac vice) [e-mail] J. SCOTT MCBRIDE (admitted pro hac vice) [e-mail] BARTLIT BECK HERMAN PALENCHAR & SCOTT LLP 54 West Hubbard St., Suite 300 Chicago, IL 60654 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants BAYER CORPORATION; BAYER HEALTHCARE LLC; BAYER AG; BAYER SCHERING PHARMA AG UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ONYX PHARMACEUTICALS, INC., Plaintiff, v. BAYER CORPORATION, et al., Defendants. Case No. CV 09 2145 MHP STIPULATION AND [PROPOSED] ORDER EXTENDING MEDIATION DEADLINE AND RESCHEDULING STATUS CONFERENCE

STIPULATION AND [PROPOSED] ORDER EXTENDING MEDIATION DEADLINE AND RESCHEDULING STATUS CONFERENCE CASE NO. CV 09 2145 MHP

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TO THE COURT AND ALL PARTIES AND THEIR COUNSEL OF RECORD: IT IS HEREBY STIPULATED by and between plaintiff Onyx Pharmaceuticals, Inc. ("Onyx") and defendants Bayer Corporation, Bayer AG, Bayer HealthCare LLC and Bayer Schering Pharma AG (collectively, "Bayer") as follows: WHEREAS, the Stipulation and Order Selecting ADR Process filed August 11, 2009, provides that mediation shall be completed by February 26, 2010; WHEREAS, the parties had been scheduled to conduct mediation before Anthony Piazza in San Francisco on January 19, 2010; WHEREAS, Hans Bishop, the former President of Hematology/Cardiology and Executive Vice President of Bayer HealthCare LLC, was scheduled to be Bayer's lead negotiator at the mediation, but unexpectedly resigned from Bayer in December 2009; WHEREAS, the parties had anticipated that the documents most relevant to the merits of this litigation would be produced by the end of December 2009; WHEREAS, the parties have been producing documents on a rolling basis and continue to produce documents as quickly as possible, but now anticipate that the documents most relevant to the merits of this litigation will not be produced until early in 2010. To date, Bayer and Onyx have produced approximately 103,000 and 44,000 pages of documents, respectively; WHEREAS, additional time is needed to afford Bayer time to identify a new lead negotiator and to prepare that individual for the mediation; WHEREAS, additional time is needed to allow the parties to complete production of the documents most relevant to the merits of the litigation -- and to review the other side's production of such documents -- to allow the parties to make more informed decisions regarding the mediation, making the mediation more productive; WHEREAS, the parties have agreed to reschedule the mediation to May 13, 2010; WHEREAS, in the hope that the Court would accommodate this request, the parties have already reserved that date to mediate with Mr. Piazza;

STIPULATION AND [PROPOSED] ORDER EXTENDING MEDIATION DEADLINE AND RESCHEDULING STATUS CONFERENCE CASE NO. CV 09 2145 MHP

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WHEREAS, at the August 31, 2009 Initial Case Management Conference, the Court ordered the parties to attend a further status conference on March 8, 2010 -- the second Monday following the original February 26, 2010 mediation cut-off date; and WHEREAS, if the Court accommodates the parties' requested change in the mediation date, the parties agree that it would be most productive to reschedule the status conference to a date shortly after the new mediation date; THEREFORE, the parties hereby stipulate and agree, by and through counsel, to the entry of an order as follows: 1. The mediation, previously scheduled for January 19, 2010, will take place on

May 13, 2010; 2. The Order Selecting ADR Process is amended to reflect a new ADR deadline of

May 13, 2010; 3. The post-mediation Status Conference, currently scheduled for March 8, 2010, is

hereby rescheduled to May 17, 2010 at 3:00 p.m., or at the Court's first convenient time thereafter.

IT IS SO STIPULATED. Dated: January 8, 2010 LAWRENCE R. KATZIN NATALIE THINGELSTAD AMY C. DACHTLER MORRISON & FOERSTER LLP MARK L. LEVINE JASON L. PELTZ BRIAN C. SWANSON J. SCOTT MCBRIDE BARTLIT BECK HERMAN PALENCHAR & SCOTT LLP By: /s/ Lawrence R. Katzin LAWRENCE R. KATZIN Attorneys for Defendants BAYER CORPORATION, BAYER AG, BAYER HEALTHCARE LLC, AND BAYER SCHERING PHARMA AG 3

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STIPULATION AND [PROPOSED] ORDER EXTENDING MEDIATION DEADLINE AND RESCHEDULING STATUS CONFERENCE CASE NO. CV 09 2145 MHP

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Dated: January 8, 2010

STEPHEN C. NEAL MARTIN S. SCHENKER MICHELLE S. RHYU BRADLEY A. WAUGH COOLEY GODWARD KRONISH LLP By: /s/ Martin S. Schenker MARTIN S. SCHENKER Attorneys for Plaintiff ONYX PHARMACEUTICALS, INC.

STIPULATION AND [PROPOSED] ORDER EXTENDING MEDIATION DEADLINE AND RESCHEDULING STATUS CONFERENCE CASE NO. CV 09 2145 MHP

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GENERAL ORDER 45 ATTESTATION In accordance with General Order 45, concurrence in the filing of this document has been obtained from each of the signatories and I shall maintain records to support this concurrence for subsequent production for the court if so ordered or for inspection upon request by a party.

/s/ Lawrence R. Katzin LAWRENCE R. KATZIN Attorneys for Defendants BAYER CORPORATION, BAYER AG, BAYER HEALTHCARE LLC, AND BAYER SCHERING PHARMA AG

STIPULATION AND [PROPOSED] ORDER EXTENDING MEDIATION DEADLINE AND RESCHEDULING STATUS CONFERENCE CASE NO. CV 09 2145 MHP

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