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

Filing 261

ORDER Granting re 260 Parties' Stipulated Request: AIA shall file its Opposition to Defendant Eli Lilly & Company's Motion for Summary Judgment of Non-Infringement no later than 11/14/2011. Lilly shall file a Reply in Support of its Motion by 11/21/2011 & the Hearing on Lilly's Motion shall be held on 12/6/2011 at 2:00 p.m.. Signed by Magistrate Judge Elizabeth D. Laporte on 10/14/2011. (kns, COURT STAFF) (Filed on 10/14/2011)

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. and
21 ELI LILLY AND COMPANY,
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Defendants

Case No. 3:10-cv-00482- EDL
STIPULATED REQUEST FOR ORDER
CHANGING TIME FOR OPPOSITION
TO, REPLY IN SUPPORT OF, AND
HEARING ON DEFENDANT ELI
LILLY AND COMPANY’S MOTION
FOR SUMMARY JUDGMENT OF
NON-INFRINGEMENT [D.N. 255];
DECLARATION OF BERRIE R.
GOLDMAN IN SUPPORT;
[PROPOSED] ORDER

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[Filed Pursuant to L.R. 6-2]
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Date:
November 8, 2011
Time:
9:00 a.m.
Courtroom: E, 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 Eli Lilly and Company (“Lilly”) submit this stipulated request for an order changing
3 the time for AIA’s opposition to and Lilly’s reply in support of Defendant Eli Lilly and
4 Company’s Motion for Summary Judgment of Non-Infringement (D.N. 255) (“Motion”).
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Lilly filed its Motion on September 29, 2011, noticing a hearing before this Court on

6 November 8, 2011. AIA requires an additional 30 days to adequately prepare its response to
7 Lilly’s Motion for Summary Judgment of Non-Infringement. The parties agree that the time for
8 AIA to respond to Lilly’s Motion shall be extended until November 14, 2011. The parties further
9 agree that Lilly shall file its reply in support of its Motion no later than November 21, 2011. The
10 parties further request a continuance of the hearing on Lilly’s Motion to December 6, 2011, or as
11 soon thereafter at the convenience of the Court.
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The parties respectfully request this Court to enter an order changing time as described

13 above.
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Respectfully submitted,

15 Dated: October 13, 2011

BRYAN CAVE LLP

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By:
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/s/ Berrie R. Goldman
Berrie R. Goldman

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

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FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, L.L.P.
By:

/s/ Laura P. Masurovsky
Laura P. Masurovsky

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: [phone]
Facsimile: 202.408.4400
[e-mail]
[e-mail]
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STIPULATED REQUEST FOR ORDER CHANGING TIME; CASE NO. 3:10-CV-00482-EDL

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Robert F. McCauley, III (CA SBN 162056)
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, L.L.P.
3300 Hillview Avenue
Palo Alto, California 94304-1203
Telephone: [phone]
Facsimile: 650.849.6666
[e-mail]

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Attorneys for Defendant
ELI LILLY AND COMPANY

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

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DECLARATION OF BERRIE GOLDMAN IN SUPPORT OF STIPULATED REQUEST

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I, Berrie R. Goldman, declare as follows:

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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.
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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 requires an additional 30 days to adequately respond to Lilly’s Motion for

10 Summary Judgment of Non-Infringement.
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4.

Counsel for Lilly 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

13 Respond to the First Amended Complaint, extending each defendants’ time to answer or otherwise
14 respond by 90 days and continuing the Case Management Conference from May 14, 2010 to
15 August 12, 2010 (Docket No. 26). The Case Management Conference was subsequently
16 continued to October 22, 2010 pursuant to stipulation and order (Docket No. 84). A further Case
17 Management Conference was also continued for one week pursuant to stipulation and order
18 (Docket No. 125). The Court has also granted requests for orders changing the time for opposition
19 and reply to Lilly’s Motion to Sever and Transfer (Docket No. 94), Defendant Immuno-Biological
20 Laboratory’s Motion to Dismiss (Docket No. 96), Defendants’ Joint Motion to Compel
21 Simultaneous Production (D.N. 164), and Elan’s Motion to Compel Non-Privileged and Non22 Immune Documents from AIA (D.N. 205).
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6.

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

24 the briefing schedule and hearing date for Lilly’s Motion.
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STIPULATED REQUEST FOR ORDER CHANGING TIME; CASE NO. 3:10-CV-00482-EDL

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I declare under penalty of perjury under the laws of the United States that the foregoing is

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Dated: October 13, 2011
By:

/s/ Berrie R. Goldman
Berrie R. Goldman

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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 Eli Lilly and
4 Company (“Lilly”) is GRANTED.
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AIA shall file its Opposition to Defendant Eli Lilly and Company’s Motion for Summary

6 Judgment of Non-Infringement (D.N. 255) no later than November 14, 2011. Lilly shall file a
7 reply in support of its Motion, if any, by November 21, 2011. The hearing on Lilly’s Motion shall
8 be held on December 6, 2011 at 9:00 a.m. [or thereafter at the Court’s convenience].
2:00 p.m.
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10 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated:

October 14, 2011
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