Robert Bosch Healthcare Systems, Inc. v. CardioCom, LLC et al

Filing 175

STIPULATION AND ORDER as to 171 MOTION to Lift Stay . Motion Hearing reset for 2/23/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Case Management Statement due by 2/16/2017. Further Case Management Conference reset for 2/23/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 1/9/17. (bpfS, COURT STAFF) (Filed on 1/9/2017)

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BAS DE BLANK (S.B.N. 191487)
[e-mail]
Lillian Mao (S.B.M. 267410)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
100 Marsh Road
Menlo Park, California 94025
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Robert Bosch Healthcare Systems, Inc.

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Daniel W. McDonald (Admitted Pro Hac Vice)
[e-mail]
William D. Schultz (Admitted Pro Hac Vice)
[e-mail]
Eric Chad (Admitted Pro Hac Vice)
[e-mail]
MERCHANT & GOULD P.C.
3200 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402-2215
Telephone: [phone]
Facsimile: [phone]

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Adam R. Alper
[e-mail]
KIRKLAND & ELLIS LLP
555 California Street, 27th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant CARDIOCOM LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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ROBERT BOSCH HEALTHCARE
SYSTEMS, INC.,

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Plaintiff,
v.
CARDIOCOM LLC,
Defendant.

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CASE NO. 3:14-cv-01575-EMC
JOINT STIPULATION TO EXTEND
TIME TO RESPOND TO MOTION TO
LIFT STAY AND CONTINUE
HEARING DATE FOR MOTION AND
CASE MANAGEMENT CONFERENCE

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JOINT STIPULATION TO EXTEND TIME TO RESPOND TO
MOTION TO LIFT STAY AND CONTINUE HEARING DATE
FOR MOTION AND CASE MANAGEMENT CONFERENCE

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CASE NO. 3:14-cv-01575-EMC

Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Robert Bosch Healthcare Systems, Inc.

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(“Bosch”) and Defendant Cardiocom, LLC (“Cardiocom”) hereby submit this Joint Stipulation to

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Extend Time to Respond to Motion to Lift Stay and Continue Hearing Date for Motion and Case

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Management Conference. The parties stipulate that Cardiocom’s response brief to Bosch’s Motion

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to Lift Stay (Dkt. 171) may be extended from January 12, 2017 to January 19, 2017. As the motion

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was filed during the holidays, Cardiocom requested, and Bosch granted, an additional week to allow

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a full and proper response.
The hearings for Bosch’s Motion to Lift Stay and the Case Management Conference are

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currently scheduled for February 2, 2017 at 1:30. (Dkts. 171 and 173.) The parties stipulate and

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request that the Court continue the Case Management Conference to February 23, 2017 in order to

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accommodate a prior conflict of Cardiocom’s lead Counsel, Daniel McDonald of the Merchant &

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Gould firm.
The requested continuance shall not otherwise affect scheduling issues for the case. No

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previous extension of this deadline has been requested or granted.
IT IS SO STIPULATED, through counsel of record:

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DATED: January 6, 2017

/s/ Bas de Blank
Counsel for Plaintiff Robert Bosch Healthcare
Systems, Inc.

DATED: January 6, 2017

/s/ Adam Alper
Counsel for Defendant Cardiocom, LLC

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PURSUANT TO STIPULATION, IT IS SO ORDERED that Cardiocom, LLC shall have
until January 19, 2017 to file an opposition to Bosch’s Motion to Lift Stay (Dkt. 171) and the
hearings for that motion and the Case Management Conference are continued to February 23, 2017.

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Dated:

. Chen

A

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2 dward M
Judge E

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JOINT STIPULATION TO EXTEND TIME TO RESPOND TO
MOTION TO LIFT STAY AND CONTINUE HEARING DATE
FOR MOTION AND CASE MANAGEMENT CONFERENCE

FO

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O ORD
IT IS S

NO

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UNITED STATES DISTRICT JUDGE
EDWARD M.ECHEN
RED

UNIT
ED

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1/9/17

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D IS T IC T O
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CASE NO. 3:14-cv-01575-EMC

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DECLARATION OF WILLIAM SCHULTZ
IN SUPPORT OF JOINT STIPULATION TO EXTEND TIME TO RESPOND TO MOTION
TO LIFT STAY AND CONTINUE HEARING DATE FOR MOTION AND CASE
MANAGEMENT CONFERENCE

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1.

I am an attorney for Cardiocom, LLC in this matter. The statements made herein are

based on my personal knowledge and on information made available to me in the course of my
duties and responsibilities for Cardiocom, LLC.

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2.

I spoke with Bas de Blank, counsel for Bosch, Inc. on December 30, 2016, January 5,

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2017, and January 6, 2017 regarding Bosch’s Motion to Lift Stay and the upcoming hearings for that

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motion and the Case Management Conference, both of which are currently scheduled for February 2,

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2017. I requested that Bosch agree to extend Cardiocom’s deadline to respond to Bosch’s motion by

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a week because the motion coincided with the holidays and to allow Cardiocom to fully respond to

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the motion. Bosch’s counsel agreed to the short extension of time, which would make Cardiocom’s

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response due on January 19, 2017.

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3.

I also raised an issue that Cardiocom’s counsel had a previous conflict the hearings

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scheduled on February 2, 2017 regarding Bosch’s motion and the Case Management Conference. I

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requested that Bosch agree to move the hearing to February 9, 2017. Bosch’s counsel was not

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available on February 9 based on a prior commitment outside of the country, but agreed February 23,

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2017 would work.

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4.

The requested continuance shall not otherwise affect scheduling issues for the case.

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Cardiocom has not previously requested an extension to respond to Bosch’s Motion

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to Lift Stay or move the current hearing dates that are scheduled for February 22, 2017.

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JOINT STIPULATION TO EXTEND TIME TO RESPOND TO
MOTION TO LIFT STAY AND CONTINUE HEARING DATE
FOR MOTION AND CASE MANAGEMENT CONFERENCE

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CASE NO. 3:14-cv-01575-EMC

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I declare under penalty of perjury under the laws of the United States of America that the foregoing

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is true and correct. Executed on January 6, 2017 at Minneapolis, MN.

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/s/ William Schultz
William Schultz

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JOINT STIPULATION TO EXTEND TIME TO RESPOND TO
MOTION TO LIFT STAY AND CONTINUE HEARING DATE
FOR MOTION AND CASE MANAGEMENT CONFERENCE

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CASE NO. 3:14-cv-01575-EMC

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ATTESTATION OF CONCURRENCE IN FILING

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I Adam Alper, am the ECF User whose identification and password are being used to file this
Joint Stipulation. In compliance with Local Rule 5-1(i)(3), I hereby attest that Bas De Blank of

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Orrick, Herrington & Sutcliffe LLP has concurred in this filing.
DATED: January 6, 2017

/s/ Adam Alper

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JOINT STIPULATION TO EXTEND TIME TO RESPOND TO
MOTION TO LIFT STAY AND CONTINUE HEARING DATE
FOR MOTION AND CASE MANAGEMENT CONFERENCE

CASE NO. 3:14-cv-01575-EMC

CERTIFICATE OF SERVICE

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I hereby certify that on January 6, 2017, a copy of the foregoing document is being

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electronically filed with the Clerk of the United States District Court for the Northern District of

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California by using the CM/ECF system, which will send notice of such filing to all counsel of

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record.

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/s/Adam Alper

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