Aria Diagnostics, Inc v. Sequenom, Inc

Filing 237

SCHEDULING ORDER RE: MOTION FOR PRELIMINARY INJUNCTION 225 (Illston, Susan) (Filed on 9/23/2013)

1
2
3
IN THE UNITED STATES DISTRICT COURT
4
FOR THE NORTHERN DISTRICT OF CALIFORNIA
5
6
ARIA DIAGNOSTICS, INC.,

No. C 11-06391 SI

7
Plaintiff/Counterdefendant,

SCHEDULING ORDER RE: MOTION FOR
PRELIMINARY INJUNCTION

8
9
United States District Court
For the Northern District of California

10

v.
SEQUENOM, INC.,
Defendant/Counterclaimant.

11
12

/

On March 8, 2012, counterclaimant Sequenom, Inc. (“Sequenom”) filed a motion for a

13
preliminary injunction. Docket No. 34. The Court denied Sequenom’s motion for a preliminary
14
injunction on July 5, 2012. Docket No. 121. On August 9, 2013, the Federal Circuit vacated the Court’s
15
order denying the preliminary injunction and remanded the case for further proceedings. Docket No.
16
217. The parties have submitted competing proposed schedules for further proceedings on Sequenom’s
17
motion for a preliminary injunction. Docket Nos. 225-26, 233-34. Although the parties disagree about
18
the overall schedule, the parties agree that Sequenom’s opening brief should be filed by November 8,
19
2013. Docket Nos. 233-34. Accordingly, after reviewing the parties’ proposed schedules, the Court
20
issues the following scheduling order:
21
1.

Sequenom’s opening supplemental brief in support of its motion for a preliminary

22
injunction must be filed by November 8, 2013.
23
2.

Depositions of Sequenom’s fact and expert witnesses relied on by Sequenom in its

24
opening supplemental brief must be completed by November 22, 2013.
25
3.

Ariosa’s opposition must be filed by December 6, 2013.

4.

Depositions of Ariosa’s fact and expert witnesses relied on by Ariosa in its opposition

26
27
must be completed by December 20, 2013.
28

1

5.

Sequenom’s reply must be filed by January 8, 2013.

2

6.

The Court will hold a hearing on Sequenom’s motion for a preliminary injunction on

3
4

Friday, January 17, 2013 at 9:00 a.m.
This order resolves Docket No. 225.

5
6

IT IS SO ORDERED.

7
8

Dated: September 23, 2013
SUSAN ILLSTON
United States District Judge

9
United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2