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

Filing 96

ORDER re 92 Stipulation, filed by Alzheimer's Institute of America, Alzheimer's Institute of America, Inc., Set/Reset Deadlines as to 46 MOTION to Dismiss. Responses due by 8/13/2010. Replies due by 8/20/2010.. Signed by Judge Charles R. Breyer on 8/9/2010. (be, COURT STAFF) (Filed on 8/9/2010)

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

Doc. 96

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 DOYLE HANCE LLC 8 Stephen Patrick Doyle, pro hac vice Stephen William Hance, pro hac vice 9 Two Carlson Parkway, Suite 230 Minnetonka, MN 55447 10 Telephone: [phone] Facsimile: [phone] 11 Attorneys for Defendant 12 IMMUNO-BIOLOGICAL LABORATORIES 13 14 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. 3:10-CV-00482 (CRB) STIPULATION AND [PROPOSED] ORDER REQUESTING ORDER CHANGING TIME FOR OPPOSITION TO AND REPLY IN SUPPORT OF IMMUNO-BIOLOGICAL LABORATORIES' MOTION TO DISMISS [Filed pursuant to Civil L.R. 6-2] Hon. Charles R. Breyer Date: August 27, 2010 Time: 10:00 a.m. Courtroom: 8

16 ALZHEIMER'S INSTITUTE OF AMERICA, INC., 17 Plaintiff, 18 vs. 19 ELAN PHARMACEUTICALS, INC., 20 ELI LILLY AND COMPANY, ANASPEC INC., IMMUNO-BIOLOGICAL LABORATORIES, 21 INC., THE JACKSON LABORATORY, PHOENIX PHARMACEUTICALS, INC., and 22 AMERICAN PEPTIDE COMPANY, INC., 23 24 25 26 27 28
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Defendants.

Case No. 3:10-cv-00482 (CRB) STIPULATED REQUEST OF AIA AND IBL FOR ORDER CHANGING TIME

Dockets.Justia.com

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

2 Defendant Immuno-Biological Laboratories ("IBL") submit this stipulated request for an order 3 changing the time for AIA to file its Opposition to IBL's Motion to Dismiss and for IBL to file any 4 Reply in support of its Motion. 5 IBL filed its Notice of Motion and Motion to Dismiss on July 15, 2010, noticing a hearing

6 before this Court on August 27, 2010 (Docket No. 46). To eliminate scheduling conflicts relating to 7 the intervening briefing schedule, AIA and Lilly hereby stipulate to and request this Court change the 8 time provided under Civil L.R. 7-3 for Opposition and Reply. AIA shall file its Opposition to IBL's 9 Motion to Dismiss on or before August 13, 2010. IBL shall file its Reply, if any, on or before August 10 20, 2010. 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) STIPULATED REQUEST OF AIA AND IBL FOR ORDER CHANGING TIME

Dated: August 6, 2010

Respectfully submitted, BRYAN CAVE LLP By: /s/ Berrie R. Goldman Robert Padway (CA Bar No. 48439)_ Berrie Goldman (CA 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. DOYLE HANCE LLC By: /s/ Stephen Patrick Doyle Stephen Patrick Doyle, pro hac vice Stephen William Hance, pro hac vice Two Carlson Parkway, Suite 230 Minnetonka, MN 55447 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant IMMUNO-BIOLOGICAL LABORATORIES

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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 IBL's Motion to Dismiss. 12 5. Counsel for IBL, the only defendant affected by this request, has stipulated to the

13 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 20 7. This stipulation will not affect any scheduled hearings in this action.

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

21 and correct. 22 Dated: August 6, 2010 23 24 25 26 27 28
-3Case No. 3:10-cv-00482 (CRB) STIPULATED REQUEST OF AIA AND IBL FOR ORDER CHANGING TIME

By:

/s/ Berrie R. Goldman Berrie R. Goldman

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[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 Immuno-Biological 4 Laboratories ("IBL") is GRANTED. 5 6 7 8 9 PURSUANT TO STIPULATION, IT IS SO ORDERED. 10 11 1. AIA shall file its Opposition to IBL's Motion to Dismiss on or before August

13, 2010. 2. IBL shall file its Reply, if any, on or before August 20, 2010.

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Case No. 3:10-cv-00482 (CRB) STIPULATED REQUEST OF AIA AND IBL FOR ORDER CHANGING TIME

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