Aria Diagnostics, Inc v. Sequenom, Inc

Filing 107

ORDER signed on 6/11/12 by Judge Illston, 102 STIPULATION WITH PROPOSED ORDER re 88 Clerks Notice Continuing Motion Hearing, Set Motion and Deadlines/Hearings,, 34 MOTION for Preliminary Injunction JOINT STIPULATION AND [ PROPOSED] ORDER TO CONTINUE HEARING DATE ON SEQUENOM filed by Aria Diagnostics, Inc. Initial Case Management Conference set for 6/29/2012 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 6/11/12. (tfS, COURT STAFF) (Filed on 6/11/2012)

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1 IRELL & MANELLA LLP David I. Gindler (117824) (dgindler@irell.com) 2 Andrei Iancu (184793) (aiancu@irell.com) Michael G. Ermer (110496) (mermer@irell.com) 3 Amir Naini (226627) (anaini@irell.com) 1800 Avenue of the Stars, Suite 900 4 Los Angeles, California 90067-4276 Telephone: (310) 277-1010 5 Facsimile: (310) 203-7199 6 Attorneys for Plaintiff and Counterclaim-Defendant Ariosa Diagnostics, Inc. 7 KAYE SCHOLER LLP 8 Michael J. Malecek (171034) (michael.malecek@kayescholer.com) Peter E. Root (142348) (peter.root@kayescholer.com) 9 Stephen C. Holmes (200727) (stephen.holmes@kayescholer.com) Two Palo Alto Square, Suite 400 10 Palo Alto, California 94306 Telephone: (650) 319-4500 11 Facsimile: (650) 319-4700 12 Attorneys for Defendant and Counterclaim-Plaintiff Sequenom, Inc. 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN FRANCISCO DIVISION 17 ARIA DIAGNOSTICS, INC., Plaintiff, 18 vs. 19 20 SEQUENOM, INC., Defendant. 21 22 AND RELATED COUNTERACTION 23 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 3:11-cv-06391-SI JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE ON SEQUENOM'S MOTION FOR PRELIMINARY INJUNCTION The Honorable Susan Illston Current Hearing Date: June 22, 2012 Proposed New Hearing Date: June 29, 2012 24 25 26 27 28 IRELL & MANELLA LLP Joint Stipulation & [Proposed] Order to Continue Hearing Date on Sequenom's Motion for Preliminary Injunction (Case No. 3:11-cv-06391-SI) A Registered Limited Liability Law Partnership Including Professional Corporations 2656542 IT IS HEREBY STIPULATED by and between Plaintiff and Counterclaim-Defendant 1 2 Ariosa Diagnostics, Inc., formerly known as Aria Diagnostics, Inc. (“Ariosa”), Defendant and 3 Counterclaim-Plaintiff Sequenom, Inc. (“Sequenom”) and Nominal Counterclaim Defendant Isis 4 Innovation Limited (“Isis”) by and through their counsel of record, subject to the Court’s 5 approval, that the hearing on Sequenom’s motion for preliminary injunction be continued from 6 June 22, 2012 until 9:00 a.m. on June 29, 2012. WHEREAS the parties previously stipulated, and the Court ordered, a briefing and hearing 7 8 schedule for Sequenom’s preliminary injunction motion, with the hearing date scheduled for 9 June 15, 2012 (Docket No. 47); WHEREAS on May 30, 2012, the Court reset the hearing date on Sequenom’s preliminary 10 11 injunction motion from June 15, 2012 to June 22, 2012 (Docket No. 88); WHEREAS lead counsel for Ariosa, who will be arguing the preliminary injunction 12 13 motion on Ariosa’s behalf, is unavailable on June 22, 2012; NOW THEREFORE, the parties, by and through the undersigned counsel, hereby stipulate 14 15 that the hearing date on Sequenom’s preliminary injunction motion be continued from June 22, 16 2012 until 9:00 a.m. on June 29, 2012. SO STIPULATED. 17 18 Dated: June 6, 2012 IRELL & MANELLA LLP 19 20 By: 21 22 /s/ Michael G Ermer Michael G. Ermer Attorneys for Plaintiff and CounterclaimDefendant, Ariosa Diagnostics, Inc. 23 24 Dated: June 6, 2012 KAYE SCHOLER LLP 25 By: 26 27 28 IRELL & MANELLA LLP A Registered Limited Liability Law Partnership Including Professional Corporations 2656542 -1- /s/ Peter Root Peter Root Attorneys for Defendant and CounterclaimPlaintiff, Sequenom, Inc. Joint Stipulation & [Proposed] Order to Continue Hearing Date on Sequenom's Motion for Preliminary Injunction (Case No. 3:11-cv-06391-SI) 1 Dated: June 6, 2012 SATTERLEE STEPHENS BURKE & BURKE 2 3 By: /s/ Mario Aieta Mario Aieta Attorneys for Nominal Counterclaim Defendant, Isis Innovation Limited 4 5 6 7 GENERAL ORDER ATTESTATION 8 I, Michael G. Ermer, am the ECF user whose ID and password are being used to file the 9 parties’ JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE 10 ON SEQUENOM’S MOTION FOR PRELIMINARY INJUNCTION. In compliance with 11 General Order 45, X.B., I hereby attest that Peter Root, counsel for Sequenom, and Mario Aieta, 12 counsel for counterclaim defendant Isis Innovation Limited have concurred in this filing. 13 14 /s/ Michael G. Ermer Michael G. Ermer 15 16 IT IS SO ORDERED. 17 18 DATED: 6/11/12 By: 19 The Honorable Susan Illston United States District Judge 20 The case management in this and all the related cases is continued to Friday, June 29, 2012 at 2:30 p.m. 21 22 23 24 25 26 27 28 IRELL & MANELLA LLP A Registered Limited Liability Law Partnership Including Professional Corporations 2656542 -2- Joint Stipulation & [Proposed] Order to Continue Hearing Date on Sequenom's Motion for Preliminary Injunction (Case No. 3:11-cv-06391-SI)

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