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

Filing 94

ORDER re 90 Stipulation, filed by Alzheimer's Institute of America, Alzheimer's Institute of America, Inc., Set/Reset Deadlines 85 MOTION to Sever DEFENDANT ELI LILLY AND COMPANY'S MOTION TO SEVER AND TRANSFER. Motion Hearing set for 9/24/2010 10:00 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 8/6/2010. (be, COURT STAFF) (Filed on 8/9/2010)

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

Doc. 94

1 BRYAN CAVE LLP Robert Padway, California Bar No. 48439 2 Berrie Goldman, California Bar No. 246061 K. Lee Marshall, pro hac vice 3 Ameer Gado, pro hac vice Two Embarcadero Center, Suite 1400 4 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] 6 Attorneys for Plaintiff ALZHEIMER'S INSTITUTE OF AMERICA, INC. 7 FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP 8 Robert F. McCauley III, Caliofrnia Bar No. 162056 9 Robert F. Shaffer, pro hac vice 330 Hillview Aveune 10 Palo Alto, CA 94304-1203 Telephone: [phone] Facsimile: [phone] 12 Attorneys for Defendant ELI LILLY AND COMPANY 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION 16 ALZHEIMER'S INSTITUTE OF AMERICA, Case No. 3:10-CV-00482 (CRB) 17 INC., STIPULATION AND [PROPOSED] Plaintiff, ORDER REQUESTING CONTINUANCE 18 OF HEARING ON DEFENDANT ELI vs. LILLY AND COMPANY'S MOTION TO 19 SEVER AND TRANSFER 20 ELAN PHARMACEUTICALS, INC., ELI LILLY AND COMPANY, ANASPEC INC., [Filed pursuant to Civil L.R. 6-2] 21 IMMUNO-BIOLOGICAL LABORATORIES, INC., THE JACKSON LABORATORY, Hon. Charles R. Breyer 22 PHOENIX PHARMACEUTICALS, INC., and Date: September 3, 2010 AMERICAN PEPTIDE COMPANY, INC., Time: 10:00 a.m. 23 Courtroom: 8 Defendants. 24 25 26 27 28
-1Case No. 3:10-cv-00482 (CRB) AIA'S AND LILLY'S STIPULATED REQUEST FOR CONTINUANCE OF HEARING ON MOTION TO SEVER

Dockets.Justia.com

1

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 a continuance of the 3 hearing on Lilly's Motion to Sever and Transfer. 4 Lilly filed its Motion on July 30, 2010, noticing a hearing before this Court on September 3,

5 2010 (Docket No. 85). To eliminate scheduling conflicts relating to the intervening briefing schedule, 6 AIA and Lilly hereby stipulate to and request a continuance of the hearing on Lilly's Motion to Sever 7 and Transfer to September 24, 2010, or thereafter, at the convenience of the Court. AIA shall respond 8 to the Motion to Sever and Transfer not less than 28 days before the hearing date. Lilly shall file its 9 reply, if any, not less than 14 days before the hearing date, in accordance with Civil Local Rule 7-3(c). 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
-2Case No. 3:10-cv-00482 (CRB) AIA'S AND LILLY'S STIPULATED REQUEST FOR CONTINUANCE OF HEARING ON MOTION TO SEVER

Dated: August 5, 2010

Respectfully submitted, BRYAN CAVE LLP By: /s/ Berrie R. Goldman Robert Padway (Bar No. 48439_ Berrie Goldman (Bar No. 246061) K. Lee Marshall, pro hac vice Ameer Gado, pro hac vice Bryan Cave LLP Two Embarcadero Center, Suite 1400 San Francisco, CA 94111 Attorneys for Plaintiff ALZHEIMER'S INSTITUTE OF AMERICA, INC. FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP By: /s/ Robert F. Shaffer Robert F. McCauley III, Caliofrnia Bar No. 162056 Robert F. Shaffer, pro hac vice 330 Hillview Aveune Palo Alto, CA 94304-1203 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant ELI LILLY AND COMPANY

1 2 3

DECLARATION OF BERRIE GOLDMAN IN SUPPORT OF STIPULATED REQUEST I, Berrie R. Goldman, declare as follows: 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, Inc. 5 ("AIA") in the above-referenced action. 6 2. The contents of this declaration are based upon my personal knowledge and are true and

7 correct to the best of my knowledge and belief. If called to testify, I could and would testify thereto. 8 3. The contents of the foregoing Stipulated Request are true and correct to the best of my

9 knowledge and belief. 10 4. Counsel for AIA has scheduling conflicts that interfere with their ability to properly

11 oppose Lilly's Motion to Sever and Transfer. 12 5. Counsel for Defendant Eli Lilly and Company ("Lilly"), the only defendant affected by

13 this request, has stipulated to the requested extension of time. 14 6. This Court previously granted Lilly's Unopposed Motion to Change Time to Respond

15 to the First Amended Complaint, extending each defendants' time to answer or otherwise respond by 16 90 days and continuing the Case Management Conference from May 14, 2010 to August 12, 2010 17 (Docket No. 26). The Case Management Conference was subsequently continued to October 22, 2010 18 pursuant to stipulation and order (Docket No. 84). 19 7. Other than the hearing on Lilly's Motion to Sever and Transfer, no other scheduled

20 hearings will be affected by this extension. 21 I declare under penalty of perjury under the laws of the United States that the foregoing is true

22 and correct. 23 Dated: August 5, 2010 24 25 26 27 28
-3Case No. 3:10-cv-00482 (CRB) AIA'S AND LILLY'S STIPULATED REQUEST FOR CONTINUANCE OF HEARING ON MOTION TO SEVER

By:

/s/ Berrie R. Goldman Berrie R. Goldman

1 2

[PROPOSED] ORDER FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED that the stipulated request of

3 Plaintiff Alzheimer's Institute of America, Inc. ("AIA") and Defendant Eli Lilly and Company 4 ("Lilly") is GRANTED. 5 6 7 8 9 10 11 12 PURSUANT TO STIPULATION, IT IS SO ORDERED. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
-4Case No. 3:10-cv-00482 (CRB) AIA'S AND LILLY'S STIPULATED REQUEST FOR CONTINUANCE OF HEARING ON MOTION TO SEVER

1.

The hearing on the Motion to Sever and Transfer is continued to September 24,

2010, or thereafter, at the convenience of the court. 2. AIA shall respond to the Motion to Sever and Transfer not less than 28 days

before the hearing date. 3. Lilly shall file its Reply, if any, not less than 14 days before the hearing date, in

accordance with Civil Local Rule 7-3(c).

Dated:

August 6, 2010

S DISTRICT TE C TA Hon. Charles R. Breyer

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