Karl Storz Endoscopy-America, Inc. v. Stryker Corporation et al

Filing 163

STIPULATION AND ORDER RE: 162 To Alter The Deadline To File A Motion To Retain Confidentiality Designations Under The Protective Order. Signed by Judge Richard Seeborg on 2/24/16. (cl, COURT STAFF) (Filed on 2/24/2016)

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Robert A. Surrette (pro hac vice)
Email: [e-mail]
Scott P. McBride (pro hac vice)
Email: [e-mail]
Carey J. Prill (SBN 269632)
Email: [e-mail]
Michael J. Carrozza (pro hac vice)
Email: [e-mail]
McANDREWS, HELD & MALLOY, LTD.
500 West Madison Street, 34th Floor
Chicago, Illinois 60661
Telephone: [phone]
Facsimile: [phone]
William R. Overend (SBN 180209)
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, California 94105-3659
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants,
STRYKER CORPORATION and
STRYKER COMMUNICATIONS, INC.

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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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KARL STORZ ENDOSCOPYAMERICA, INC.,
Plaintiff,

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v.
STRYKER CORPORATION and
STRYKER COMMUNICATIONS, INC.,
Defendants.

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Case No. CV 14-00876 RS

STIPULATION AND [PROPOSED]
ORDER TO ALTER THE DEADLINE TO
FILE A MOTION TO RETAIN
CONFIDENTIALITY DESIGNATIONS
UNDER THE PROTECTIVE ORDER

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STIPULATION AND [PROPOSED] ORDER TO ALTER THE DEADLINE TO FILE A MOTION TO
RETAIN CONFIDENTIALITY DESIGNATIONS UNDER THE PROTECTIVE ORDER
CASE NO. CV 14-00876 RS

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Pursuant to Civil Local Rule 6-1(b) and 7-12, Plaintiff Karl Storz Endoscopy-America, Inc.

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("KSEA") and Defendants Stryker Corporation and Stryker Communications, Inc. (collectively,

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"Stryker"), by and through their undersigned counsel, hereby stipulate to and jointly request the Court

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to continue the deadline under the Protective Order (Dkt. 115) to file a motion to retain

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confidentiality designations to March 25, 2016, in connection with KSEA's February 3, 2016

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challenges to certain of Stryker's confidentiality designations. The accompanying declaration of

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Michael J. Carrozza sets forth all requirements of Civil Local Rule 6-2, including identifying all

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previous time modifications in the case. For the Court's convenience, the Parties will not repeat all

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information contained in Mr. Carrozza's declaration, but the Parties do note as follows:

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1.

On February 3, 2016, KSEA provided Stryker with written notice that it was

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challenging the confidentiality designations of certain documents that Stryker produced as being

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subject to the patent prosecution bar in the Protective Order (Dkt. 115). Under Paragraph 6.3 of the

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Protective Order, "[i]f the Parties cannot resolve a challenge without court intervention, the

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Designating Party shall file and serve a motion to retain confidentiality under Civil Local Rule 7 (and

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in compliance with Civil Local Rule 79-5, if applicable) within 21 days of the initial notice of

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challenge or within 14 days of the parties agreeing that the meet and confer process will not resolve

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their dispute, whichever is earlier." (Dkt. 115 at 7-8.) The date to file such a motion to retain

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confidentiality in this instance would be February 24, 2016.

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2.

The Parties met and conferred via teleconference on February 17, 2016, and on

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February 18, agreed that further meet and confer efforts could resolve, or at least significantly

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narrow, the disputes to be presented to the Court. Thus, the parties agreed to request that the Court

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continue certain deadlines to allow further meet and confer efforts regarding the disputes underlying

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KSEA's challenges. The Parties agreed that, if an impasse were reached as of March 11, that any

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motion to retain confidentiality designations would be filed by March 25.

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3.

The stipulated deadline will not alter any other deadlines currently set by the Court.

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STIPULATION AND [PROPOSED] ORDER TO ALTER THE DEADLINE TO FILE A MOTION TO
RETAIN CONFIDENTIALITY DESIGNATIONS UNDER THE PROTECTIVE ORDER
CASE NO. CV 14-00876 RS

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4.

Pursuant to Civil Local Rule 6-2(a), this stipulation is accompanied by the Declaration

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of Michael J. Carrozza setting forth (1) the reasons for the requested enlargement of time; (2) all

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previous time modifications in this case; and (3) the effect of the requested enlargement of time.

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Respectfully submitted,

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Dated: February 23, 2016

REED SMITH LLP

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/s/ William R. Overend1 ____________
William R. Overend

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Attorneys for Defendants,
STRYKER CORPORATION and
STRYKER COMMUNICATIONS, INC.

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Dated: February 23, 2016

BECK, BISMONTE & FINLEY, LLP

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/s/ Alfredo A. Bismonte _____________
Alfredo A. Bismonte
Attorneys for Plaintiff,
KARL STORZ ENDOSCOPY-AMERICA,
INC.

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1 In compliance with Civil Local Rule 5-1(i), I hereby attest that concurrence in the filing of this

document has been obtained from each of the other signatories hereto.
STIPULATION AND [PROPOSED] ORDER TO ALTER THE DEADLINE TO FILE A MOTION TO
RETAIN CONFIDENTIALITY DESIGNATIONS UNDER THE PROTECTIVE ORDER
CASE NO. CV 14-00876 RS

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED:

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The deadline to file any motion to retain confidentiality in response to Plaintiff's February

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3, 2016 challenges is continued to March 25, 2016.

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Dated:___________________________, 2016
2/24

_____________________________
Honorable Richard G. Seeborg,
United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO ALTER THE DEADLINE TO FILE A MOTION TO
RETAIN CONFIDENTIALITY DESIGNATIONS UNDER THE PROTECTIVE ORDER
CASE NO. CV 14-00876 RS

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