Alzheimer's Institute of America v. Elan Corporation PLC et al

Filing 224

STIPULATION AND ORDER CHANGING TIME FOR OPPOSITION TO DEFENDANT ELAN MOTION TO COMPEL NON-PRIVILEGED AND NON-IMMUNE DOCUMENTS FROM AIA re 223 . Signed by Magistrate Judge Elizabeth D. Laporte on 08/12/2011. (kns, COURT STAFF) (Filed on 8/12/2011)

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
4 Telephone: [phone]
Facsimile:
[phone]
[e-mail]
5 E-Mail:
[e-mail]
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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: [phone]
[phone]
10 Facsimile:
Email:
[e-mail]
[e-mail]
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12 Attorneys for Plaintiff ALZHEIMER’S INSTITUTE OF AMERICA, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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17 ALZHEIMER’S INSTITUTE OF
AMERICA, INC.
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Plaintiff,
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v.
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ELAN PHARMACEUTICALS, INC.,
21 ELI LILLY AND COMPANY, and THE
JACKSON LABORATORY,
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Defendants
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Case No. 3:10-cv-00482- EDL
STIPULATED REQUEST FOR ORDER
CHANGING TIME FOR OPPOSITION
TO DEFENDANT ELAN MOTION TO
COMPEL NON-PRIVILEGED AND
NON-IMMUNE DOCUMENTS FROM
AIA
[Filed Pursuant to L.R. 6-2]
Date:
September 6, 2011
Time:
4:15 p.m.
Courtroom: F, 15th Floor

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Magistrate Judge Elizabeth D. Laporte
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STIPULATED REQUEST FOR ORDER CHANGING TIME; CASE NO. 3:10-CV-00482 -EDL

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Pursuant to Civil L.R. 6-2, Plaintiff Alzheimer’s Institute of America, Inc. (“AIA”) and

2 Defendant Elan Pharmaceuticals, Inc. (“Elan”) submit this stipulated request for an order changing
3 the time for AIA’s opposition to Elan’s Motion to Compel Non-Privileged and Non-Immune
4 Documents from AIA (Docket No. 205) (“Motion”).
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Elan filed its Motion on July 28, 2011, noticing a hearing before this Court on August 30,

6 2011. On August 11, 2011, the Court entered an Order modifying the hearing date to September
7 6, 2011 (Docket No. 222). The parties agree that the time for AIA to respond to Elan’s Motion
8 shall be extended until Tuesday, August 16, 2011, and that Elan’s reply shall then be due on
9 Tuesday, August 23, 2011. The parties do not request a continuance of the hearing scheduled for
10 September 6, 2011.
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The parties respectfully request this Court to enter an order changing time as described

12 above.
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Respectfully submitted,

14 Dated: August 11, 2011

BRYAN CAVE LLP

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By:
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/s/ Lee Marshall
Lee Marshall

Attorneys for Plaintiff
ALZHEIMER’S INSTITUTE OF AMERICA, INC.

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19 Dated: August 11, 2011

DICKSTEIN SHAPIRO LLP

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By:
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/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: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant
ELAN PHARMACEUTICALS, INC.
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STIPULATED REQUEST FOR ORDER CHANGING TIME; CASE NO. 3:10-CV-00482-EDL

1 DECLARATION OF LEE MARSHALL IN SUPPORT OF STIPULATED REQUEST
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I, Lee Marshall, declare as follows:

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1.

I am an attorney admitted to practice before this Court and all courts of the State of

4 California. I am a partner with Bryan Cave LLP, counsel for Alzheimer’s Institute of America,
5 Inc. (“AIA”) in the above-referenced action.
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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.
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3.

AIA has been diligently preparing its memorandum in opposition to Elan’s Motion

10 to Compel Non-Privileged and Non-Immune Documents from AIA (Docket No. 205) (“Motion”).
11 However, AIA requires a brief extension of time in which to finalize its opposition because (i) the
12 Bryan Cave attorney who primarily communicated with Elan’s counsel on the issues that are the
13 subject of the Motion is out of the office for the week of August 8, (ii) I was preparing for and
14 arguing a significant summary judgment motion in the Eastern District of Pennsylvania on August
15 10, 2011, and (iii) AIA and its counsel are preparing for a deposition to be conducted in this case
16 on August 15, 2011.
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4.

Counsel for Elan has stipulated to the requested extension of time.

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5.

This Court previously granted Lilly’s Unopposed Motion to Change Time to

19 Respond to the First Amended Complaint, extending each defendants’ time to answer or otherwise
20 respond by 90 days and continuing the Case Management Conference from May 14, 2010 to
21 August 12, 2010 (Docket No. 26). The Case Management Conference was subsequently
22 continued to October 22, 2010 pursuant to stipulation and order (Docket No. 84). A further Case
23 Management Conference was also continued for one week pursuant to stipulation and order
24 (Docket No. 125). The Court has also granted requests for orders changing the time for opposition
25 and reply to Lilly’s Motion to Sever and Transfer (Docket No. 94), Defendant Immuno-Biological
26 Laboratory’s Motion to Dismiss (Docket No. 96), and Defendants’ Joint Motion for Simultaneous
27 Production (Docket No. 175).
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STIPULATED REQUEST FOR ORDER CHANGING TIME; CASE NO. 3:10-CV-00482-EDL

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6.

The requested time modification will not affect the schedule for the case, other than

2 the briefing schedule for Elan’s Motion.
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I declare under penalty of perjury under the laws of the United States that the foregoing is

5 true and correct.
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Dated: August 11, 2011

By:

/s/ Lee Marshall
Lee Marshall

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STIPULATED REQUEST FOR ORDER CHANGING TIME; CASE NO. 3:10-CV-00482-EDL

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[PROPOSED] ORDER

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FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED that the Stipulated

3 Request of Plaintiff Alzheimer’s Institute of America, Inc. (“AIA”) and Defendant Elan
4 Pharmaceuticals, Inc. (“Elan”) is GRANTED.
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AIA shall file its Opposition to Motion to Compel Non-Privileged and Non-Immune

6 Documents from AIA (Docket No. 205) by Tuesday, August 16, 2011. Elan shall file any Reply
7 by Tuesday, August 23, 2011.
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9 PURSUANT TO STIPULATION, IT IS SO ORDERED.
August 11, 2011
10 Dated: ____________________
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_______________________________________
Hon. Elizabeth D. Laporte,
Magistrate Judge,
U.S. District Court for the Northern
District of California

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STIPULATED REQUEST FOR ORDER CHANGING TIME; CASE NO. 3:10-CV-00482-EDL