Alzheimer's Institute of America v. Elan Corporation PLC et al
Filing
175
STIPULATION AND ORDER. AIA shall file its Opposition to motion to compel simultaneous production (D.N. 164) by noon PDT on Friday, 5/13/2011. Defendants shall file a reply in support of their motion, if any, by Wednesday, 5/18/2011, re doc 173 filed by Alzheimer's Institute of America, Alzheimer's Institute of America, Inc. Signed by Judge Elizabeth D. Laporte on 5/12/2011. (cgk, COURT STAFF) (Filed on 5/12/2011)
1 BRYAN CAVE LLP
K. Lee Marshall, admitted pro hac vice
2 Robert Padway, California Bar No. 48439
Berrie Goldman, California Bar No. 246061
3 Two Embarcadero Center, Suite 1410
San Francisco, CA 94111
(415) 675-3400
4 Telephone:
Facsimile:
(415) 675 3434
klmarshall@bryancave.com
5 E-Mail:
berrie.goldman@bryancave.com
6
BRYAN CAVE LLP
7 Ameer Gado, admitted pro hac vice
Benjamin J. Sodey, admitted pro hac vice
8 One Metropolitan Square
211 North Broadway, Suite 3600
9 St. Louis, MO 63102-2750
Telephone:
(314) 259-2000
(314) 259-2020
10 Facsimile:
Email:
ameer.gado@bryancave.com
benjamin.sodey@bryancave.com
11
12 Attorneys for Plaintiff ALZHEIMER’S INSTITUTE OF AMERICA, INC.
13
14
UNITED STATES DISTRICT COURT
15
NORTHERN DISTRICT OF CALIFORNIA
16
17 ALZHEIMER’S INSTITUTE OF
AMERICA, INC.
18
Plaintiff,
19
v.
20
ELAN PHARMACEUTICALS, INC.,
21 ELI LILLY AND COMPANY, and THE
JACKSON LABORATORY,
22
Defendants
23
Case No. 3:10-cv-00482- EDL
STIPULATED REQUEST FOR ORDER
CHANGING TIME FOR OPPOSITION
TO AND REPLY IN SUPPORT OF
DEFENDANTS ELAN AND ELI
LILLY’S JOINT MOTION TO
COMPEL SIMULTANEOUS
PRODUCTION [D.N. 164];
DECLARATION OF BERRIE R.
GOLDMAN IN SUPPORT;
[PROPOSED] ORDER
[Filed Pursuant to L.R. 6-2]
24
25
Date:
May 31, 2011
Time:
9:00 a.m.
Courtroom: E, 15th Floor
26
Magistrate Judge Elizabeth D. Laporte
27
28
STIPULATED REQUEST FOR ORDER CHANGING TIME; CASE NO. 3:10-CV-00482 -EDL
1
Pursuant to Civil L.R. 6-2, Plaintiff Alzheimer’s Institute of America, Inc. (“AIA”) and
2 Defendants Elan Pharmaceuticals, Inc. and Eli Lilly and Company (collectively, “Defendants”)
3 submit this stipulated request for an order changing the time for AIA’s opposition to and
4 Defendants’ reply in support of Defendants Elan and Eli Lilly’s Joint Motion to Compel AIA’s
5 Simultaneous Production of its Disclosures, Discovery Responses, and Expert Reports in Pending
6 Actions (Docket No. 164) (“Motion”).
7
Defendants filed their Motion on April 1, 2011, noticing a hearing before this Court on
8 May 31, 2011. The parties are actively working toward a consent order that would resolve the
9 issues presented in Defendants’ Motion. While those discussions continue, the parties agree that
10 the time for AIA to respond to Defendants’ Motion shall be extended until noon PDT on Friday,
11 May 13, 2011. The parties further agree that Defendants’ time to file a reply in support of their
12 Motion shall be extended until Wednesday, May 18, 2011. The parties do not request a
13 continuance of the hearing scheduled for May 31, 2011.
14
The parties respectfully request this Court to enter an order changing time as described
15 above.
16
Respectfully submitted,
17 Dated: May 10, 2011
BRYAN CAVE LLP
18
By:
19
/s/ Berrie R. Goldman
Berrie R. Goldman
Attorneys for Plaintiff
ALZHEIMER’S INSTITUTE OF AMERICA, INC.
20
21
22 Dated: May 10, 2011
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, L.L.P.
23
24
By:
/s/ Robert F. McCauley, III
Robert F. McCauley, III
25
26
27
28
Robert F. McCauley, III (CA SBN 162056)
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, L.L.P.
3300 Hillview Avenue
Palo Alto, California 94304-1203
Telephone: 650.849.6600
1
STIPULATED REQUEST FOR ORDER CHANGING TIME; CASE NO. 3:10-CV-00482-EDL
Facsimile: 650.849.6666
robert.mccauley@finnegan.com
1
2
Laura P. Masurovsky, admitted pro hac vice
Robert F. Shaffer, admitted pro hac vice
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, L.L.P.
901 New York Avenue, NW
Washington, D.C. 20001-4413
Telephone: 202.408.4000
Facsimile: 202.408.4400
laura.masurovsky@finnegan.com
robert.shaffer@finnegan.com
3
4
5
6
7
Attorneys for Defendant
ELI LILLY AND COMPANY
8
9
10 Dated: May 10, 2011
DICKSTEIN SHAPIRO LLP
11
By:
12
13
14
15
16
17
/s/ Katie J.L. Scott
Katie J.L. Scott
Deborah E. Fishman (SBN 197854)
Katie J.L. Scott (SBN 233171)
Assad H. Rajani (SBN 251143)
303 Twin Dolphin Drive, Suite 600
Redwood City, CA 94065
Tel: 650-632-4209
Fax: 650-632-4333
fishmand@dicksteinshapiro.com
scottk@dicksteinshapiro.com
rajania@dicksteinshapiro.com
18
19
Attorneys for Defendant
ELAN PHARMACEUTICALS, INC.
20
21
22
23
24
25
26
27
28
2
STIPULATED REQUEST FOR ORDER CHANGING TIME; CASE NO. 3:10-CV-00482-EDL
1
DECLARATION OF BERRIE GOLDMAN IN SUPPORT OF STIPULATED REQUEST
2
I, Berrie R. Goldman, declare as follows:
3
1.
I am an attorney licensed to practice before this Court and all courts of the State of
4 California. I am an associate with Bryan Cave LLP, counsel for Alzheimer’s Institute of America,
5 Inc. (“AIA”) in the above-referenced action.
6
2.
The contents of this declaration are based upon my personal knowledge and are
7 true and correct to the best of my knowledge and belief. If called to testify, I could and would
8 testify thereto.
9
3.
AIA and Defendants Elan Pharmaceuticals, Inc. and Eli Lilly and Company
10 (collectively, “Defendants”) are actively working toward a consent order that would resolve the
11 issues presented by Defendants in their Joint Motion for Simultaneous Production (D.N. 164).
12 While the parties continue to progress toward an agreement, a short extension of the briefing
13 schedule would avoid unnecessary expenditure of resources.
14
4.
Counsel for Defendants have stipulated to the requested extension of time.
15
5.
This Court previously granted Lilly’s Unopposed Motion to Change Time to
16 Respond to the First Amended Complaint, extending each defendants’ time to answer or otherwise
17 respond by 90 days and continuing the Case Management Conference from May 14, 2010 to
18 August 12, 2010 (Docket No. 26). The Case Management Conference was subsequently
19 continued to October 22, 2010 pursuant to stipulation and order (Docket No. 84). A further Case
20 Management Conference was also continued for one week pursuant to stipulation and order
21 (Docket No. 125). The Court has also granted requests for orders changing the time for opposition
22 and reply to Lilly’s Motion to Sever and Transfer (Docket No. 94) and Defendant Immuno23 Biological Laboratory’s Motion to Dismiss (Docket No. 96).
24
6.
The requested time modification will not affect the schedule for the case, other than
25 the briefing schedule for Defendants’ Motion.
26 ///
27 ///
28 ///
3
STIPULATED REQUEST FOR ORDER CHANGING TIME; CASE NO. 3:10-CV-00482-EDL
1
I declare under penalty of perjury under the laws of the United States that the foregoing is
2 true and correct.
3
4
5
6
Dated: May 10, 2011
By:
/s/ Berrie R. Goldman
Berrie R. Goldman
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
STIPULATED REQUEST FOR ORDER CHANGING TIME; CASE NO. 3:10-CV-00482-EDL
1
[PROPOSED] ORDER
2
FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED that the Stipulated
3 Request of Plaintiff Alzheimer’s Institute of America, Inc. (“AIA”) and Defendants Elan
4 Pharmaceuticals, Inc. and Eli Lilly and Company (collectively, “Defendants”) is GRANTED.
5
AIA shall file its Opposition to Defendants’ Joint Motion to Compel Simultaneous
6 Production (D.N. 164) by noon PDT on Friday, May 13, 2011. Defendants shall file a reply in
7 support of their Motion, if any, by Wednesday, May 18, 2011.
8
9 PURSUANT TO STIPULATION, IT IS SO ORDERED.
10
11
12
13
14
Dated:
May 12, 2011
Hon. Elizabeth D. Laporte,
Magistrate Judge,
U.S. District Court for the Northern
District of California
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
STIPULATED REQUEST FOR ORDER CHANGING TIME; CASE NO. 3:10-CV-00482-EDL
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?