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

Filing 88

Stipulation and Order Re [#87] To Hear Plaintiffs Motion To Strike And Dismiss On Shortened Time. Motion Hearing set for 10/2/2014 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 9/2/14. (cl, COURT STAFF) (Filed on 9/2/2014)

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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 RS

[CORRECTED] STIPULATION AND
[PROPOSED] ORDER TO HEAR
PLAINTIFF’S MOTION TO STRIKE
AND DISMISS ON SHORTENED TIME

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[CORRECTED] STIPULATION AND [PROPOSED] ORDER TO HEAR
PLAINTIFF’S MOTION TO STRIKE AND DISMISS ON SHORTENED TIME
CASE NO. CV 14-00876 RS

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Pursuant to Civil Local Rules 6-1(b), 6-2 and 7-12 Plaintiff Karl Storz Endoscopy-America,

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Inc. (“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 Order to abbreviate the briefing schedule and shorten the notice period to hear KSEA’s

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anticipated motion to dismiss directed to Stryker’s recently Amended Answer and Counterclaims

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(Dkt. No. 82). The accompanying declaration of Robert Surrette sets forth all requirements of Civil

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Local Rule 6-2 including identifying all previous time modifications in the case. For the Court’s

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convenience, the parties will not repeat all information contained in Mr. Surrette’s declaration but the

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parties do note as follows:

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1.

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). On August 11, the parties filed a Stipulation and Proposed

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Order to continue the hearing on those motions until September 25, 2014, and to set a briefing

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schedule accordingly. (Dkt. No. 79.) The Court granted that Stipulation on August 11, 2014. (Dkt.

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No. 80.)

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2.

On August 22, 2014, Stryker filed a First Amended Answer and Counterclaims in

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response to KSEA’s Amended Complaint. (Dkt. No. 82.) Because that amended pleading no longer

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asserted a claim against KSEA for breach of Protective Order, KSEA filed a notice of withdrawal of

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its Motion to Strike and Dismiss with Prejudice Defendant’s Affirmative Defenses and

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Counterclaims to Amended Complaint Based on Alleged Violation of a Protective Order (Dkt. No.

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76). (Dkt. No. 84.)

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3.

Based on meet and confer discussions between the parties, and in the interests, among

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other things, of having KSEA’s motion to dismiss directed to the operative pleading in the case, on

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August 28, 2014 KSEA filed a Notice (Dkt. No. 85) withdrawing its Motion to Strike and Dismiss

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

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on Settlement Agreement (Dkt. No. 77 ) and noted it expected to file a new motion to strike and
[CORRECTED] STIPULATION AND [PROPOSED] ORDER TO HEAR
PLAINTIFF’S MOTION TO STRIKE AND DISMISS ON SHORTENED TIME
CASE NO. CV 14-00876 RS

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dismiss directed to the newly-filed First Amended Answer and Counterclaims. In the interests of

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having that new motion heard as expeditiously as possible, the parties hereby stipulate to and request

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to abbreviate the briefing schedule and shorten the time to hear that motion. The parties note that

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their proposed schedule below still allows the Court two weeks between the time the reply brief is

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filed and the motion is heard, as would usually be the case under the Local Rules. Accordingly, the

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parties hereby stipulate to and request the following schedule:

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a. September 4, 2014: Last day for KSEA to file a new Motion to Strike and Dismiss

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with Prejudice Defendant’s Affirmative Defenses and Counterclaims to Amended

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Complaint Based on Settlement Agreement.

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b. September 11, 2014: Last day for Stryker to file and serve any Opposition to
KSEA’s new motion to strike and dismiss.

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c. September 18, 2014: Last day for KSEA to file and serve any reply brief in

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support of its new motion to strike and dismiss.
d. October 2, 2014, at 1:30 p.m.: Hearing on KSEA’s new motion to strike and

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dismiss.

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4.

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the Court.

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5.

These stipulated schedule changes will not alter any other deadlines currently set by

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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Respectfully submitted,

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Dated: August 29, 2014

REED SMITH LLP

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/s/ William R. Overend1 ____________
William R. Overend (SBN 180209)
Attorneys for Defendants,
STRYKER CORPORATION and
STRYKER COMMUNICATIONS, INC.
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.
[CORRECTED] STIPULATION AND [PROPOSED] ORDER TO HEAR
PLAINTIFF’S MOTION TO STRIKE AND DISMISS ON SHORTENED TIME
CASE NO. CV 14-00876 RS

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Dated: August 29, 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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[CORRECTED] STIPULATION AND [PROPOSED] ORDER TO HEAR
PLAINTIFF’S MOTION TO STRIKE AND DISMISS ON SHORTENED TIME
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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KSEA has until September 4, 2014 to file and serve a new Motion to Strike and Dismiss
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with Prejudice Defendant’s Affirmative Defenses and Counterclaims to Amended

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Complaint Based on Settlement Agreement;
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Stryker has until September 11, 2014 to file and serve any Opposition to KSEA’s new

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motion to strike and dismiss;
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KSEA has until September 18, 2014 to file any reply brief in support of KSEA’s new

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motion to strike and dismiss; and
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The hearing on KSEA’s new motion to strike and dismiss will be set for October 2, 2014,

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at 1:30 p.m.
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Dated:

9/2

, 2014

_
Honorable Richard G. Seeborg
United States District Judge

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[CORRECTED] STIPULATION AND [PROPOSED] ORDER TO HEAR
PLAINTIFF’S MOTION TO STRIKE AND DISMISS ON SHORTENED TIME
CASE NO. CV 14-00876 RS

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