Shionogi & Co., Ltd. v. InterMune, Inc.

Filing 48

STIPULATION AND ORDER re 47 STIPULATION re 45 First MOTION to Compel filed by Shionogi & Co., Ltd. Reset Deadlines as to 45 First MOTION to Compel . Responses due by 12/31/2012. Replies due by 1/4/2013. Motion Hearing set for 1/15/2013 09:00 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. Signed by Judge Elizabeth D Laporte on 12/26/2012. (knm, COURT STAFF) (Filed on 12/26/2012)

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1 2 3 4 5 6 7 8 Jason McDonell (State Bar No. 115084) Katherine S. Ritchey (State Bar No. 178409) Amir Q. Amiri (State Bar No. 271224) JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: +1.415.626.3939 Facsimile: +1.415.875.5700 Attorneys for Plaintiff SHIONOGI & CO., LTD. 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 14 15 16 17 SHIONOGI & CO., LTD., a Japanese Company, Plaintiff, v. Case No. 3:12-cv-03495-EDL STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME AS MODIFIED Judge: INTERMUNE, INC., a Delaware Corporation, The Honorable Elizabeth D. Laporte Defendant. 18 19 20 21 22 23 24 25 26 27 28 STIPULATION Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Shionogi & Co., Ltd. (“Shionogi”) and Defendant InterMune, Inc. (“InterMune”), each through their respective counsel of record, hereby stipulate as follows: WHEREAS on December 20, 2012, Shionogi filed a Motion to Compel (ECF No. 45) set for hearing on January 29, 2012, with an opposition brief deadline of January 3, 2012, and a reply brief deadline of January 10, 2012; WHEREAS Shionogi believes that an acceleration of the current briefing and hearing SFI-799852v1 Stipulation 3:12-cv-03495-EDL 1 schedule would be beneficial in order to resolve disputes regarding search terms and the schedule 2 for document production and interrogatories, and will not adversely affect the schedule for the 3 case, and InterMune does not oppose Shionogi's request for expedition. 4 5 THEREFORE, IT IS STIPULATED by both parties that, subject to Court approval, the briefing schedule and hearing date for the Motion to Compel is as follows: 6 1) InterMune’s opposition and supporting papers to be filed by December 31, 2012; 7 2) Shionogi’s reply brief and supporting papers to be filed by January 4, 2013; 8 3) InterMune reserves the right to file a cross motion regarding search terms (the 9 “Cross-Motion”) prior to the expiration of the briefing schedule described above. 10 To the extent InterMune does so, Shionogi and InterMune stipulate that they will 11 negotiate in good faith an expedited briefing schedule for the Cross-Motion. 12 4) Should the Court desire oral argument on the Motion to Compel and, if applicable, 13 the Cross-Motion, the parties request that such argument(s) be held at the Court’s 14 earliest convenience. Shionogi and InterMune stipulate that, subject to the Court’s 15 approval, any such argument may be telephonic in light of the fact that counsel for 16 InterMune is scheduled to try a case in the United States District Court for the 17 Southern District of New York beginning on January 7, 2013. That trial is 18 currently scheduled to run for four weeks with court in session on Monday through 19 Thursday, from 7 a.m. to 3 p.m. Pacific time during that four-week period. 20 21 22 23 24 25 26 Respectfully submitted, Dated December 21, 2012 December 21, 2012 Cravath, Swaine & Moore, LLP Jones Day By: /s/ Gary Bornstein Gary Bornstein By: /s/ Katherine S. Ritchey Katherine S. Ritchey Counsel for Defendant INTERMUNE, INC. Counsel for Plaintiff SHIONOGI & CO., LTD. 27 28 SFI-799852v1 -2- Stipulation 3:12-cv-03495-EDL 1 [PROPOSED] ORDER AS MODIFIED 2 PURSUANT TO STIPULATION, IT IS SO ORDERED. if applicable, cross motion to compel, will be held 3 4 A telephonic hearing on the motion to compel, and on January 15, 2013, at 9:00 a.m. Date: December 26 _____________, 2012 _________________________________ Honorable Elizabeth D. Laporte U.S. Magistrate Judge 5 6 Civil L.R. 5(i)(3) Attestation of Concurrence of Signatures 7 I, Katherine S. Ritchey, am the ECF user whose identification and password are being 8 used to file this Stipulation and Proposed Order. Pursuant to Civil L.R. 5(i)(3), I hereby attest 9 that Gary Bornstein, counsel for Defendant, has concurred in the filing of this document. 10 Dated: December 21, 2012 Jones Day 11 By: /s/ Katherine S. Ritchey Katherine S. Ritchey 12 Counsel for Plaintiff SHIONOGI & CO., LTD. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SFI-799852v1 -3- Stipulation 3:12-cv-03495-EDL

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