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

Filing 80

Stipulation and order re: 79 for Extension of Time to Respond to Plaintiffs Two Pending Motions to Strike and Dismiss (Dkt. Nos. 76, 77) Motion Hearing set for 9/25/2014 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 8/11/14. (clS, COURT STAFF) (Filed on 8/11/2014)

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Gregory J. Vogler (pro hac vice)
Email: [e-mail]
Robert A. Surrette (pro hac vice)
Email: [e-mail]
Merle S. Elliott (pro hac vice)
Email: [e-mail]
Caroline A. Teichner (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)
Email: [e-mail]
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, California 94105-3659
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants,
STRYKER CORPORATION and
STRYKER COMMUNICATIONS, INC.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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 FOR EXTENSION OF TIME TO
RESPOND TO PLAINTIFF’S TWO
PENDING MOTIONS TO STRIKE AND
DISMISS (DKT. NOS. 76, 77)

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STIPULATION AND [PROPOSED] ORDER FOR EOT TO RESPOND TO
PLAINTIFF’S TWO PENDING MOTIONS TO STRIKE
AND DISMISS (DKT. NOS. 76, 77)
CASE NO. CV 14-00876 RS

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Pursuant to Civil Local Rules 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 respective undersigned counsel, hereby stipulate to and jointly

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request an extension of time until August 29, 2014, for Stryker to respond to KSEA’s two pending

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Motions to Strike and Dismiss (Dkt. Nos. 76, 77), as follows:

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1.

On April 25, 2014, Stryker filed its Answer and Counterclaims (Dkt. No. 40) after a

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stipulated one-month extension of time (Dkt. No. 24). On May 16, 2014, KSEA filed a Motion to

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Strike and Dismiss with Prejudice certain of Stryker’s Affirmative Defenses and Counterclaims.

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(Dkt. Nos. 45, 46.)

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2.

On May 23, 2014, the Parties filed a Stipulation and Proposed Order to extend

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Stryker’s time to respond to KSEA’s Motion to Strike and Dismiss by one week and to extend

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KSEA’s time to file a reply in support of its Motion to Strike and Dismiss by one week. (Dkt. No.

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51.) The Court entered that Stipulation and Order on May 28, 2014. (Dkt. No. 52.)

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3.

On June 6, 2014, Stryker filed its First Amended Answer and Counterclaims. (Dkt.

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No. 55.) On June 17, 2014, the Parties filed a Stipulation and Proposed Order to extend KSEA’s time

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to respond to Stryker’s Amended Counterclaims by one week. (Dkt. No. 65.) The Court entered that

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Stipulation and Order on June 17, 2014. (Dkt. No. 66.)

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4.

On June 27, 2014, KSEA filed both an Amended Complaint (Dkt. No. 67) and a

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Second Motion to Strike and Dismiss with Prejudice Affirmative Defenses and Counterclaims

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(“Second Motion to Strike and Dismiss”) (Dkt. No. 68). On July 8, 2014, the Parties filed a

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Stipulation and Proposed Order to extend Stryker’s time to answer or otherwise respond to the

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Amended Complaint until July 18, 2014, and to extend Stryker’s time to respond to KSEA’s Second

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Motion to Strike and Dismiss until July 25, 2014. (Dkt. No. 70.) The Court entered that Stipulation

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and Order on July 10, 2014. (Dkt. No. 71.)

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5.

On July 18, 2014, Stryker filed its Answer and Counterclaims to the Amended

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Complaint. (Dkt. No. 73.) As a result, KSEA’s Second Motion to Strike and Dismiss was rendered

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moot because it was no longer directed to Stryker’s operative pleading. Consequently, on July 24,

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2014, KSEA filed a Notice of Withdrawal of its Second Motion to Strike and Dismiss. (Dkt. No. 75.)
STIPULATION AND [PROPOSED] ORDER FOR EOT TO RESPOND TO
PLAINTIFF’S TWO PENDING MOTIONS TO STRIKE
AND DISMISS (DKT. NOS. 76, 77)
CASE NO. CV 14-00876 RS

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6.

On August 1, 2014, KSEA filed two motions: (a) a Motion to Strike and Dismiss with

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Prejudice Defendant’s Affirmative Defenses and Counterclaims to Amended Complaint Based on

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Alleged Violation of a Protective Order (Dkt. No. 76); and (b) a Motion to Strike and Dismiss with

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Prejudice Defendant’s Affirmative Defenses and Counterclaims to Amended Complaint Based on

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Settlement Agreement (Dkt. No. 77) (collectively, “KSEA’s Pending Motions to Strike and

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Dismiss”). Pursuant to Civil Local Rule 7-3(a), Stryker would have 14 days, or until August 15,

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2014, to respond to KSEA’s Pending Motions to Strike and Dismiss.

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7.

In order for Stryker to have a full and fair opportunity to respond to the allegations

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raised in KSEA’s Pending Motions to Strike and Dismiss, the Parties have stipulated to give Stryker

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a two-week extension of time to respond to the motions. Specifically, the Parties have stipulated to

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give Stryker until August 29, 2014, to respond to KSEA’s Pending Motions to Strike and Dismiss.

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This two-week extension is necessitated by the fact that Stryker counsel Merle S. Elliott is presently

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on maternity leave with limited availability, and Stryker counsel Robert A. Surrette is on vacation

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until August 11, 2014.

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8.

The Parties have further stipulated to give KSEA until September 11, 2014, to reply to

Stryker’s responses to KSEA’s Pending Motions to Strike and Dismiss.
9.

Finally, the Parties have stipulated that the hearing on KSEA’s Pending Motions to

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Strike and Dismiss, which is presently scheduled for Thursday, September 11, 2014, at 1:30 PM, will

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be postponed until Thursday, September 25, 2014, at 1:30 PM.

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10.

These stipulated extensions will not change or alter any other deadlines currently set

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

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of Robert A. Surrette 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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STIPULATION AND [PROPOSED] ORDER FOR EOT TO RESPOND TO
PLAINTIFF’S TWO PENDING MOTIONS TO STRIKE
AND DISMISS (DKT. NOS. 76, 77)
CASE NO. CV 14-00876 RS

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Respectfully submitted,

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Dated: August 11, 2014

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REED SMITH LLP
/s/ William R. Overend1 ____________
William R. Overend (SBN 180209)
Attorneys for Defendants,
STRYKER CORPORATION and
STRYKER COMMUNICATIONS, INC.

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Dated: August 11, 2014

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 FOR EOT TO RESPOND TO
PLAINTIFF’S TWO PENDING MOTIONS TO STRIKE
AND DISMISS (DKT. NOS. 76, 77)
CASE NO. CV 14-00876 RS

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED:
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Stryker has until August 29, 2014, to respond to KSEA’s Pending Motions to Strike and
Dismiss (Dkt. Nos. 76, 77);

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KSEA has until September 11, 2014, to reply to Stryker’s responses to KSEA’s Pending
Motions to Strike and Dismiss; and

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The hearing on KSEA’s Pending Motions to Strike and Dismiss will be postponed until
September 25, 2014, at 1:30 PM.

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Dated:

8/11

, 2014

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Honorable Richard G. Seeborg
United States District Judge

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STIPULATION AND [PROPOSED] ORDER FOR EOT TO RESPOND TO
PLAINTIFF’S TWO PENDING MOTIONS TO STRIKE
AND DISMISS (DKT. NOS. 76, 77)
CASE NO. CV 14-00876 RS

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