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

Filing 97

STIPULATION AND ORDER RESETTING 59 MOTION to Disqualify Counsel Merchant & Gould. Motion Hearing reset for 5/29/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 5/12/14. (bpf, COURT STAFF) (Filed on 5/12/2014)

1
2
3
4
5
6
7
8
9
10
11
12
13

Adam R. Alper (S.B.N. 196834)
KIRKLAND & ELLIS LLP
555 California Street
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Timothy G. Majors (S.B.N. 228275)
KIRKLAND & ELLIS LLP
333 South Hope Street
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Daniel W. McDonald (Admitted Pro Hac Vice)
[e-mail]
William D. Schultz (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]

14
15

Attorneys for Defendant and Counterclaimant
CARDIOCOM, LLC

16
UNITED STATES DISTRICT COURT
17

NORTHERN DISTRICT OF CALIFORNIA

18
19
20

SAN FRANCISCO DIVISION
ROBERT BOSCH HEALTHCARE
SYSTEMS, INC.,
Plaintiff,

21
22
23
24

v.
CARDIOCOM, LLC,
Defendant-Counterclaimant.

25

)
)
)
)
)
)
)
)
)
)
)
)

CASE NO. 3:14-CV-01575-EMC
JOINT STIPULATION TO CONTINUE
HEARING DATE ON PLAINTIFF’S
MOTION TO DISQUALIFY
MERCHANT & GOULD

26
27
28

JOINT STIPULATION TO CONTINUE HEARING DATE ON
PLAINTIFF’S MOTION TO DISQUALIFY MERCHANT &
GOULD

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

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

1
2

Defendant Cardiocom, LLC (“Cardiocom”) hereby submit this Joint Stipulation Requesting

3

Continuance of Hearing on Plaintiff’s Motion to Disqualify Merchant & Gould. See Dkt. No. 59.

4

The hearing on that motion is presently scheduled for May 22, 2014. See Dkt. No. 89. The parties

5

request that the hearing be continued to May 29, 2014.

6

This stipulation to continue the hearing date is requested to accommodate a scheduling

7

conflict that Cardiocom’s lead counsel has on May 22. Cardiocom’s lead counsel, Daniel McDonald

8

of the Merchant & Gould firm, has indicated that he will be in Minnesota on that date to take the

9

deposition of Plaintiff’s technical expert relating to his testimony submitted by Plaintiff to the U.S.

10

Patent Office Patent Trial and Appeal Board in ongoing inter partes review (“IPR”) proceedings

11

concerning patents asserted in this litigation. The parties agreed to the date and location of this

12

deposition prior to the Court’s setting of the hearing date to May 22, and Plaintiff’s counsel has

13

indicated that the witness is unable to reschedule.

14

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

15

IT IS SO STIPULATED, through counsel of record:

16
17

DATED: May 9, 2014

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

DATED: May 9, 2014

/s/ Timothy G. Majors
Counsel for Defendant Cardiocom, LLC

18
19
20
21

PURSUANT TO STIPULATION, IT IS SO ORDERED that the hearing on Plaintiff’s

22

Motion to Disqualify Merchant & Gould is continued to May 29, 2014:

24

S

May 12, 2014

UNIT
ED

28

1

CASE Chen
. NO. 3:14-CV-01575-EMC

ward M
udge Ed

NO

RT

JOINT STIPULATION TO CONTINUE HEARING DATE ON
PLAINTIFF’S MOTION TO DISQUALIFY MERCHANT &
GOULD

ORDER

J

H

ER

FO

27

O
IT IS S

R NIA

UNITED STATES DISTRICT JUDGE EDWARD M. CHEN
ED

LI

26

Dated:

RT
U
O

25

S DISTRICT
TE
C
TA

A

23

C

ATTESTATION OF CONCURRENCE IN FILING

1
2
3
4

I, Timothy G. Majors, 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 Orrick, Herrington & Sutcliffe LLP has concurred in this filing.

5
6

/s/ Timothy G. Majors
Timothy G. Majors

DATED: May 9, 2014

7
8
9

CERTIFICATE OF SERVICE

10

I hereby certify that on May 9, 2014, a true and correct copy of the foregoing document is

11

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

12

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

13

record.

14
15

Date: May 9, 2014

16

/s/ Timothy G. Majors
Timothy G. Majors

17
18
19
20
21
22
23
24
25
26
27
28

JOINT STIPULATION TO CONTINUE HEARING DATE ON
PLAINTIFF’S MOTION TO DISQUALIFY MERCHANT &
GOULD

2

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