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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Jason McDonell (State Bar No. 115084)
[e-mail]
Katherine S. Ritchey (State Bar No. 178409)
[e-mail]
Amir Q. Amiri (State Bar No. 271224)
[e-mail]
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.

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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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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.

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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

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schedule would be beneficial in order to resolve disputes regarding search terms and the schedule

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for document production and interrogatories, and will not adversely affect the schedule for the

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case, and InterMune does not oppose Shionogi's request for expedition.

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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:

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1) InterMune’s opposition and supporting papers to be filed by December 31, 2012;

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2) Shionogi’s reply brief and supporting papers to be filed by January 4, 2013;

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3) InterMune reserves the right to file a cross motion regarding search terms (the

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“Cross-Motion”) prior to the expiration of the briefing schedule described above.

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To the extent InterMune does so, Shionogi and InterMune stipulate that they will

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negotiate in good faith an expedited briefing schedule for the Cross-Motion.

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4) Should the Court desire oral argument on the Motion to Compel and, if applicable,

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the Cross-Motion, the parties request that such argument(s) be held at the Court’s

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earliest convenience. Shionogi and InterMune stipulate that, subject to the Court’s

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approval, any such argument may be telephonic in light of the fact that counsel for

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InterMune is scheduled to try a case in the United States District Court for the

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Southern District of New York beginning on January 7, 2013. That trial is

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currently scheduled to run for four weeks with court in session on Monday through

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Thursday, from 7 a.m. to 3 p.m. Pacific time during that four-week period.

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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.

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SFI-799852v1

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Stipulation 3:12-cv-03495-EDL

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[PROPOSED] ORDER AS MODIFIED

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PURSUANT TO STIPULATION, IT IS SO ORDERED. if applicable, cross motion to compel, will be held

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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

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Civil L.R. 5(i)(3) Attestation of Concurrence of Signatures

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I, Katherine S. Ritchey, am the ECF user whose identification and password are being

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used to file this Stipulation and Proposed Order. Pursuant to Civil L.R. 5(i)(3), I hereby attest

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that Gary Bornstein, counsel for Defendant, has concurred in the filing of this document.

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Dated: December 21, 2012

Jones Day

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By: /s/ Katherine S. Ritchey
Katherine S. Ritchey

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Counsel for Plaintiff
SHIONOGI & CO., LTD.

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SFI-799852v1

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Stipulation 3:12-cv-03495-EDL