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

Filing 179

STIPULATION AND ORDER re 178 to Extend Time to Reply re 171 MOTION to Lift Stay and Continue Hearing Date For Motion and Case Management Conference filed by CardioCom LLC. MOTION to Lift Stay Hearing reset for 3/2/2017 01 :30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Case Management Statement due by 2/23/2017. Initial Case Management Conference set for 3/2/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 1/27/17. (bpfS, COURT STAFF) (Filed on 1/27/2017)

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BAS DE BLANK (S.B.N. 191487)
[e-mail]
Lillian Mao (S.B.N. 267410)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 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
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 REPLY REGARDING
MOTION TO LIFT STAY AND
CONTINUE HEARING DATE FOR
MOTION AND CASE MANAGEMENT
CONFERENCE

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

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 Reply Regarding Motion to Lift Stay and Continue Hearing Date for Motion and

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Case Management Conference. The parties stipulate that Bosch’s reply brief regarding its Motion to

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Lift Stay (Dkt. 171) may be extended from January 26, 2017 to February 2, 2017. Bosch requests

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the extension so it can work with Bosch’s representatives in Germany to respond to Cardiocom’s

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opposition.
The hearings for Bosch’s Motion to Lift Stay and the Case Management Conference are

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currently scheduled for February 23, 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 March 2, 2017 in order to

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

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firm related to a hearing scheduled in Minnesota.
The requested continuance shall not otherwise affect scheduling issues for the case. No

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previous extension of Bosch’s reply deadline has been requested or granted. The parties had

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previously requested to move the hearing date, but did not foresee the conflict of the new date.
IT IS SO STIPULATED, through counsel of record:

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DATED: January 25, 2017

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

DATED: January 25, 2017

/s/ Adam Alper
Counsel for Defendant Cardiocom, LLC

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PURSUANT TO STIPULATION, IT IS SO ORDERED that Bosch, Inc. shall have until

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TC
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TAConference are continued to March 2, 2017.
for that motion and the Case Management

S

H

ER

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D IS T IC T
R

FO

R NIA

UNITED STATES DISTRICT JUDGE
EDWARD M. CHEN
n
M. Che
Edward
Judge 2
CASE NO. 3:14-cv-01575-EMC

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

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DERED
SO OR
IT IS

NO

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1/27/2017

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Dated:

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RT
U
O

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February 2, 2017 to file its Reply regarding Bosch’s TRIC to Lift Stay (Dkt. 171) and the hearings
S DIS Motion

UNIT
ED

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OF

C

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DECLARATION OF WILLIAM SCHULTZ
IN SUPPORT OF JOINT STIPULATION TO EXTEND TIME TO REPLY REGARDING
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 corresponded with Bas de Blank, counsel for Bosch, Inc. regarding the hearing date

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for Bosch’s Motion to Lift Stay and the Case Management Conference, both of which are currently

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scheduled for February 23, 2017. I requested that Bosch agree to continue the hearing date one

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week to March 2, 2017 based on a conflict relating to a hearing in another case scheduled in

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Minnesota. Bosch’s counsel agreed to continue the hearing to March 2, 2017.

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3.

Bosch has requested a one week extension of time to file its reply regarding Bosch’s

Motion to Lift Stay. Bosch’s reply is currently due January 26, 2017. The extension would make

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Bosch’s brief due February 2, 2017. Cardiocom does not oppose Bosch’s request.
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4.

The requested continuance and extension shall not otherwise affect scheduling issues

for the case.
5.

The parties have not previously requested an extension for Bosch to file its reply

regarding Bosch’s Motion to Lift Stay. The parties previously requested to move the hearing date
based on other conflicts. The current request would move the hearings back one week, from
February 23, 2017 to March 2, 2017.

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JOINT STIPULATION TO EXTEND TIME TO REPLY
REGARDING 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 25, 2017 at Minneapolis, MN.

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/s/ William Schultz
William Schultz

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JOINT STIPULATION TO EXTEND TIME TO REPLY
REGARDING 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 25, 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 25, 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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