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

Filing 52

STIPULATION AND ORDER FOR FIRST EXTENSION OF TIME TO COMPLETE BRIEFING FOR PLAINTIFF'S MOTION TO STRIKE, AS MODIFIED BY THE COURT. Motion Hearing set for 7/10/2014 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 5/28/14. (cl, COURT STAFF) (Filed on 5/28/2014)

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1 2 3 4 5 6 7 8 9 10 11 12 13 Gregory J. Vogler (pro hac vice) Email: gvogler@mcandrews-ip.com Robert A. Surrette (pro hac vice) Email: bsurrette@mcandrews-ip.com Merle S. Elliott (pro hac vice) Email: melliott@mcandrews-ip.com Caroline A. Teichner (pro hac vice) Email: cteichner@mcandrews-ip.com McANDREWS, HELD & MALLOY, LTD. 500 West Madison Street, 34th Floor Chicago, Illinois 60661 Telephone: (312) 775-8000 Facsimile: (312) 775-8100 William R. Overend (SBN 180209) Email: woverend@reedsmith.com REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, California 94105-3659 Telephone: (415) 543-8700 Facsimile: (415) 391-8269 Attorneys for Defendants, STRYKER CORPORATION and STRYKER COMMUNICATIONS, INC. 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 15 16 17 18 KARL STORZ ENDOSCOPYAMERICA, INC., Plaintiff, 19 20 21 22 23 v. STRYKER CORPORATION and STRYKER COMMUNICATIONS, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No. CV 14-00876 RS STIPULATION AND [PROPOSED] ORDER FOR FIRST EXTENSION OF TIME TO COMPLETE BRIEFING FOR PLAINTIFF’S MOTION TO STRIKE, AS MODIFIED BY THE COURT 24 25 26 27 28 STIPULATION FOR EOT TO COMPLETE BRIEFING FOR PLAINTIFF’S MOTION TO STRIKE CASE NO. CV 14-00876 RS 1 1 Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Karl Storz Endoscopy-America, Inc. 2 (“KSEA”) and Defendants Stryker Corporation and Stryker Communications, Inc. (collectively, 3 “Stryker”), by and through their undersigned counsel, hereby stipulate to and jointly request the 4 Court as follows: 5 1. On May 16, 2014, KSEA served a Motion to Strike on Stryker and filed an 6 accompanying Administrative Motion to File Documents Under Seal. (See Docket Nos. 46 and 45, 7 respectively.) 8 9 10 11 12 2. KSEA’s Motion to Strike is noticed for hearing on June 26, 2014. (See Docket No. 45-3 at 1.) 3. On May 20, 2014, Stryker filed a Declaration and Proposed Order in Support of KSEA’s Administrative Motion to File Documents Under Seal. (Docket No. 47.) 4. According to Civil Local Rule 7-3(a), Stryker’s Opposition to KSEA’s Motion to 13 Strike is due on May 30, 2014. According to Civil Local Rule 7-3(c), KSEA’s Reply is due on June 14 6, 2014. 15 5. Due to the intervening Memorial Day holiday and previously-planned travel, in order 16 to allow the parties a full and fair opportunity to complete briefing on KSEA’s Motion to Strike, the 17 parties each request a one-week extension of time to complete briefing relating to KSEA’s Motion to 18 Strike. Specifically, Stryker requests until June 6, 2014, to respond to KSEA’s Motion to Strike and 19 KSEA requests until June 20, 2014, to file a Reply in support of its Motion to Strike. These 20 extensions will not change or alter any other deadlines currently set by the Court, including the 21 noticed hearing date. 22 23 6. Accordingly, the parties hereby propose and stipulate to the following deadlines for the completion of briefing relating to KSEA’s Motion to Strike: 24 Stryker’s Opposition to KSEA’s 25 Motion to Strike 26 KSEA’s Reply in Support of its 27 Motion to Stryker 28 Hearing on KSEA’s Motion to Strike June 6, 2014 June 20, 2014 June 26, 2014 (or at the convenience STIPULATION FOR EOT TO COMPLETE BRIFING FOR PLAINTIFF’S MOTION TO STRIKE CASE NO. CV 14-00876 RS 2 1 of the Court) 2 7. Pursuant to Civil Local Rule 6-2(a)(1)-(3), this stipulated request is accompanied by 3 the Declaration of Merle S. Elliott setting forth (a) the reasons for the requested rescheduling; (b) all 4 previous time modifications in the case; and (c) the effect of the requested rescheduling. 5 Respectfully submitted, 6 7 Dated: May 23, 2014 REED SMITH LLP 8 9 /s/ William R. Overend1 _____________ William R. Overend 10 11 Attorneys for Defendants, STRYKER CORPORATION and STRYKER COMMUNICATIONS, INC. 12 13 14 Dated: May 23, 2014 BECK, BISMONTE & FINLEY, LLP 15 /s/ Alfredo A. Bismonte _____________ Alfredo A. Bismonte 16 17 Attorneys for Plaintiff, KARL-STORZ ENDOSCOPY AMERICA, INC. 18 19 20 21 22 23 24 25 26 27 28 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 FOR EOT TO COMPLETE BRIFING FOR PLAINTIFF’S MOTION TO STRIKE CASE NO. CV 14-00876 RS 3 ORDER 1 2 3 4 PURSUANT TO STIPULATION, IT IS SO ORDERED. Plaintiff’s motion to strike shall be 5 heard on July 10, 2014 at 1:30 p.m. in Courtroom 3 on the 17th Floor of the United States 6 Courthouse, 450 Golden Gate Avenue, San Francisco 7 8 DATED: May 28, 2014 RICHARD SEEBORG United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION FOR EOT TO COMPLETE BRIFING FOR PLAINTIFF’S MOTION TO STRIKE CASE NO. CV 14-00876 RS 1

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