Alzheimer's Institute of America, Inc. v. Avid Radiopharnaceuticals et al

Filing 14

ORDER on 13 MOTION to Shorten Time, 7 MOTION to Shorten Time.Opposition due by 3/6/2012. Reply due by 3/7/2012. Motion Hearing set for 3/20/2012 10:00 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. Signed by Magistrate Judge Elizabeth D. Laporte on 2/29/2012. (hlk, COURT STAFF) (Filed on 2/29/2012)

Case3:12-mc-80055-EDL Document12 Filed02/29/12 Page1 of 5

1 BRYAN CAVE LLP
K. Lee Marshall, California Bar No. 277092
2 Berrie Goldman, California Bar No. 246061
333 Market Street, Suite 2500
3 San Francisco, CA 94105
Telephone:
[phone]
[phone]
4 Facsimile:
E-Mail:
[e-mail]
[e-mail]
5
6 BRYAN CAVE LLP
Ameer Gado
7 One Metropolitan Square
211 North Broadway, Suite 3600
8 St. Louis, MO 63102-2750
Telephone:
[phone]
[phone]
9 Facsimile:
Email:
[e-mail]
10
Attorneys for Plaintiff
11 ALZHEIMER’S INSTITUTE OF AMERICA, INC.
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13

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

ALZHEIMER’S INSTITUTE OF
15 AMERICA, INC.

Case No. 3:12-MC-80055-EDL

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(relating to Case No. 2:10-cv-06908-TJS
pending in E.D. Pa.)

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Plaintiff,

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STIPULATED REQUEST FOR ORDER
CHANGING TIME FOR REPLY IN
SUPPORT OF, AND HEARING ON,
PLAINTIFF ALZHEIMER’S
INSTITUTE OF AMERICA, INC’S
MOTION TO COMPEL
PRODUCTION OF DOCUMENTS BY
ELAN PHARMACEUTICALS, INC.;
DECLARATION OF BERRIE R.
GOLDMAN; [PROPOSED] ORDER
AS MODIFIED
[Filed Pursuant to L.R. 6-2]

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The Honorable Elizabeth D. Laporte

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Date:
April 10, 2012
Time:
9:00 a.m.
Courtroom: E, 15th Floor

v.

18 ELAN PHARMACEUTICALS, INC. and
ELI LILLY AND COMPANY,
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Defendants
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STIPULATED REQUEST FOR ORDER CHANGING TIME

Case3:12-mc-80055-EDL Document12 Filed02/29/12 Page2 of 5

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Pursuant to Civil L.R. 6-2, Alzheimer’s Institute of America, Inc. (“AIA”) and Elan

2 Pharmaceuticals, Inc. (“Elan”) submit this stipulated request for an order setting a shortened time
3 for the reply and hearing on AIA’s Motion to Compel Production of Documents Pursuant to
4 Subpoena Issued to Elan Pharmaceuticals, Inc. (“Motion”).
5

AIA filed its Motion on February 21, 2012, noticing a hearing on the Motion for March 30,

6 2012. Elan’s opposition is due on March 6, 2012.
7

The matter was originally assigned to the Honorable Susan Illston. On February 23, 2012,

8 Elan filed a Motion to Relate Case in Case No. 3:10-cv-00482-EDL (N.D. Cal.), seeking to relate
9 the present action to that matter. AIA consented to the relating of the cases, subject to this Court’s
10 power to remit the matter for resolution by the Court presiding over the underlying action. On
11 February 27, 2012, the Court entered an order relating the cases and this matter was subsequently
12 reassigned to the Honorable Elizabeth D. Laporte. Pursuant to the Court’s rules, AIA is re13 noticing the hearing on its Motion for April 10, 2012.
14

The underlying action in this matter, AIA v. Avid Radiopharmaceuticals, Inc., et al.

15 pending in the United States District Court for the Eastern District of Pennsylvania as Case No.
16 10-06908, is set for trial on April 10, 2012, with pretrial proceedings beginning the week of April
17 2, 2012. In light of the imminent trial date in the underlying action, AIA and Elan respectfully
18 request this Court reschedule the hearing on AIA’s Motion for March 13, 2012 at 9:00 a.m.
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In order to expedite this matter, AIA has agreed to file any reply on the day after Elan files

20 its opposition. Accordingly, AIA and Elan further request that AIA’s reply shall be filed by
21 March 7, 2012.
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AIA and Elan respectfully request this Court to enter an order changing time as described

23 above.
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STIPULATED REQUEST FOR ORDER CHANGING TIME

Case3:12-mc-80055-EDL Document12 Filed02/29/12 Page3 of 5

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Respectfully submitted,

2 Dated: February 29, 2012

BRYAN CAVE LLP

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4

By: /s/ Berrie R. Goldman
Berrie R. Goldman

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Attorneys for Plaintiff
ALZHEIMER’S INSTITUTE OF AMERICA, INC.

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7 Dated: February 29, 2012

DICKSTEIN SHAPIRO LLP

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By:
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/s/ Deborah E. Fishman
Deborah E. Fishman

Deborah E. Fishman (SBN 197584)
Katie J.L. Scott (SBN 233171)
Assad H. Rajani (SBN 251143)
Jessica L. Hubley (SBN 260672)
DICKSTEIN SHAPIRO LLP
700 Hansen Way
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]
Email:[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Third-Party Respondent
ELAN PHARMACEUTICALS, INC.

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STIPULATED REQUEST FOR ORDER CHANGING TIME

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DECLARATION OF BERRIE GOLDMAN IN SUPPORT OF STIPULATED REQUEST

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I, Berrie R. Goldman, declare as follows:

3

1.

I am an attorney licensed to practice before this Court and all courts of the State of

4 California. I am an associate with Bryan Cave LLP, counsel for Alzheimer’s Institute of America,
5 Inc. (“AIA”) in the above-referenced action and the underlying action AIA v. Avid
6 Radiopharmaceuticals, Inc., et al. (E.D Pa. Case No. 10-06908).
7

2.

The contents of this declaration are based upon my personal knowledge and are

8 true and correct to the best of my knowledge and belief. If called to testify, I could and would
9 testify thereto.
10

3.

The underlying action currently pending in the Eastern District of Pennsylvania

11 (Case No. 10-06908) is set for trial before the Honorable Timothy Savage commencing on April
12 10, 2012, with pretrial proceedings beginning the week of April 2, 2012.. In light of the imminent
13 trial scheduled in the underlying action, AIA seeks an order shortening the briefing schedule and
14 time for hearing.
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4.

Counsel for Elan Pharmaceuticals, Inc., respondent to the subpoena issued by this

16 Court in the underlying action, stipulated to the requested change in time.
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5.

The Court has not previously granted any requests to change time in this matter and

18 will not affect any other deadlines.
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I declare under penalty of perjury under the laws of the United States that the foregoing is

20 true and correct.
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Dated: February 29, 2012
By:

/s/ Berrie R. Goldman
Berrie R. Goldman

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STIPULATED REQUEST FOR ORDER CHANGING TIME

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[PROPOSED] ORDER

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FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED that the Stipulated

3 Request of Alzheimer’s Institute of America, Inc. (“AIA”) and Elan Pharmaceuticals, Inc.
4 (“Elan”) is GRANTED.
5

AIA shall file a reply in support of its Motion, if any, by March 7, 2012. The hearing on

6 AIA’s Motion shall be held on March 13, 2012 at 9:00 a.m. [or thereafter at the Court’s
7 convenience].

March 20, 2012 at 10:00 a.m. in Courtroom E.

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9 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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February 29, 2012

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Dated:

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STIPULATED REQUEST FOR ORDER CHANGING TIME

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