Former Shareholders of CardioSpectra, Inc. v. Volcano Corporation and Does 1-10

Filing 61

STIPULATION TO MODIFY SCHEDULING AND PRETRIAL ORDER re 60 STIPULATION WITH PROPOSED ORDER. Discovery cutoff: 12/20/2013. Dispositive Motions to be heard by 3/19/2014. Signed by Judge William H. Orrick on 10/25/2013. (jmdS, COURT STAFF) (Filed on 10/25/2013)

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COOLEY LLP
MICHAEL G. RHODES (116127) ([e-mail])
MARK F. LAMBERT (197410) ([e-mail])
RITESH K. SRIVASTAVA (246477) ([e-mail])
AMANDA A. MAIN (260814) ([e-mail])
Five Palo Alto Square
3000 El Camino Real
Palo Alto, CA 94306-2155
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
VOLCANO CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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FORMER SHAREHOLDERS OF
CARDIOSPECTRA, INC.,

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Plaintiffs,

Case No. CV12-01535 (WHO)
STIPULATION TO MODIFY SCHEDULING
AND PRETRIAL ORDER

v.
VOLCANO CORPORATION, a Delaware
corporation; and DOES 1-10,

DEMAND FOR JURY TRIAL

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Defendants.
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COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO

STIPULATION TO MODIFY
SCHEDULING AND PRETRIAL ORDER
3:12-CV-01535

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This Stipulation is entered into by and among Plaintiffs Christopher E. Banas and Paul

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Castella, in their capacities as Shareholders’ Representatives of the Former Shareholders of

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CardioSpectra, Inc., (“Plaintiffs”) and Defendant Volcano Corporation (“Volcano”) (collectively

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the “Parties”), by and through their respective counsel.

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WHEREAS, on October 17, 2013, the Court issued its Final Order Regarding Dispute

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Over Plaintiffs’ Second Request for Production, requiring Volcano to review and produce

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responsive, non-duplicative documents from specified sources within 45 days;

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WHEREAS, pursuant to the Court’s October 17 Order, Volcano anticipates that it will

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produce documents on a rolling basis and will make every reasonable and diligent effort to

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complete its production by the Court’s November 29, 2013 deadline;

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WHEREAS, pursuant to the Scheduling and Pretrial Order (Dkt. 43), the expert

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discovery cutoff is November 15, 2013, and thus precedes the Court’s November 29 deadline for

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Volcano to produce additional documents;

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WHEREAS, the Parties have agreed to continue the deadline for expert discovery until

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December 20, 2013, so that the Parties’ experts have the opportunity to consider documents

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produced in accordance with this Court’s October 17 Order;

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WHEREAS, pursuant to the Scheduling and Pretrial Order (Dkt. 43), the parties must file

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any dispositive motions by December 3, 2013, oppositions are due on January 7, 2014, replies

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are due on January 21, 2014, and the hearing on any such dispositive motions is set for February

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12, 2014;

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WHEREAS, the Parties have agreed that principles of efficiency and completeness justify

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a continuance of the deadline for filing dispositive motions and the related briefing and hearing

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schedule, so that the Parties can complete expert discovery before submitting dispositive

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motions;

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WHEREAS, the Parties agree to continue the deadlines related to dispositive motions as

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follows: dispositive motions must be filed by January 21, 2014, oppositions are due on February

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11, 2014, replies are due on February 25, 2014, and the hearing for any such dispositive motions

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is reset to March 19, 2014; and

COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO

1.

STIPULATION TO MODIFY
SCHEDULING AND PRETRIAL ORDER
3:12-CV-01535

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WHEREAS, the Court has scheduled a further Case Management Conference for
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February 12, 2014, which is the same date for the currently scheduled hearing on dispositive
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Motions, and the Parties agree that the February 12, 2014 CMC should be continued to March
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19, along with the hearing date for the Dispositive Motions;
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NOW, THEREFORE, for good cause as shown, the Parties hereby stipulate and agree that
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the Scheduling and Pretrial Order (Dkt. 43) is modified as follows:
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 Expert Discovery Cutoff: December 20, 2013
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 Dispositive Motions Briefing Schedule:
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o Motions filed by: January 21, 2014
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o Oppositions due: February 11, 2014
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o Replies due: February 25, 2014
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o Hearing on March 19, 2014
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IT IS SO STIPULATED.
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Dated: October 25, 2013
COOLEY LLP
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/s/ Mark F. Lambert
MARK F. LAMBERT (197410)
Attorneys for Defendant
VOLCANO CORPORATION

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Dated: October 25, 2013

STANLEY IOLA, LLP

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/s/ Marc R. Stanley
MARC R. STANLEY (Texas SBN 19046500)
(admitted pro hac vice)
Attorneys for Plaintiffs
FORMER SHAREHOLDERS OF
CARDIOSPECTRA

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COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO

2.

STIPULATION TO MODIFY
SCHEDULING AND PRETRIAL ORDER
3:12-CV-01535

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ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1(i)(3)
Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, I attest under penalty of

perjury that the concurrence in the filing of this document has been obtained from its signatory.
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/s/ Mark F. Lambert
MARK F. LAMBERT (197410)

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: October 25, 2013
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Hon. William H. Orrick
United States District Court

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1185077 /HN

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COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO

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STIPULATION TO MODIFY
SCHEDULING AND PRETRIAL ORDER
3:12-CV-01535