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)

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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

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