Innovative Health Solutions, Inc. v. Dyansys, Inc. et al

Filing 124

ORDER, Motions terminated: 123 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Innovative Health Solutions, Inc.. Further Case Management Conference set for 9/4/15 is continued to 10/16/2015 03:00 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 8/24/15. (tfS, COURT STAFF) (Filed on 8/24/2015)

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L. Scott Oliver (SBN 174824)
[e-mail]
Ranjini Acharya (SBN 290877)
[e-mail]

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K&L GATES LLP
630 Hansen Way
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff INNOVATIVE
HEALTH SOLUTIONS, INC.

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[Additional Counsel Listed on Signature Page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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INNOVATIVE HEALTH SOLUTIONS, INC.

Case No.

3:14-cv-05207-SI

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Plaintiff,
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vs.

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE

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DYANSYS, INC., a California corporation,
SRINI NAGESHWAR, individually,
PRODUCTS FOR DOCTORS, INC., a California
corporation, and JAMES BRADFORD,
individually,

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Defendants.
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT
CONFERENCE; CASE NO. 3:14-CV-05207 SI

Pursuant to Civ. L.R. 6-2, Plaintiff Innovative Health Solutions, Inc. and Defendants

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Dyansys, Inc., Srini Nageshwar, Products for Doctors, Inc., and James Bradford, (together, the

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“Parties”), by and through their attorneys of record, enter into this Stipulation and Proposed Order to

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Continue the Case Management Conference currently set for Friday, September 4, 2015 at 3:00 p.m.

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in Courtroom 10 on the 19th Floor of the above-captioned court, before the Honorable Judge Susan

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Illston.

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The Parties are in the process of attempting to negotiate an agreement to resolve this case.

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Accordingly, the Parties have stipulated to continue the Case Management Conference to provide the

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parties with sufficient time to attempt to negotiate a settlement.

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The Parties request that the Court continue the Case Management Conference in this matter to

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October 16, 2015, at 3:00 p.m., with joint case management statements to be filed with the Court by

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October 9, 2015. In the event settlement is reached by the parties and dismissals are filed with the

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Court on or before October 9, 2015, the Case Management Conference will automatically be

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removed from the Court’s calendar.

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IT IS SO STIPULATED.
Dated: August 21, 2015

Respectfully submitted,
By:
/s/ Ranjini Acharya
L. Scott Oliver (SBN 174824)
[e-mail]
Ranjini Acharya (SBN 290877)
[e-mail]
K&L GATES LLP
630 Hansen Way
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]
Matthew S. Nelles (admitted pro hac vice)
[e-mail]
BROAD AND CASSEL
One Financial Plaza
100 S.R. 3rd Avenue, Suite 2700
Ft. Lauderdale, FL 33394
Telephone: [phone]
Facsimile: [phone]

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT
CONFERENCE; CASE NO. 3:14-CV-05207 SI

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Lacey DeLori Corona (admitted pro hac vice)
[e-mail]
BROAD AND CASSEL
4100 Legendary Drive, Suite 280
Destin, FL 32541
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff INNOVATIVE
HEALTH SOLUTIONS, INC.

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Dated: August 21, 2015

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Bryon J. Benevento (admitted pro hac vice)
[e-mail]
DORSEY & WHITNEY LLP
51 West 52nd Street
New York, New York
Telephone: [phone]
Facsimile: [phone]

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Kimberly Neville (admitted pro hac vice)
[e-mail]
DORSEY & WHITNEY LLP
136 S. Main Street, Suite 1000
Salt Lake City, UT 84101-1685
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants DYANSYS, INC.,
and SRINI NAGESHWAR.

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By: /s/ Bryon J. Benevento
Patricia Anne Welch
[e-mail]
DORSEY & WHITNEY LLP
305 Lytton Avenue
Palo Alto, CA 94301
Telephone: [phone]
Facsimile: [phone]

Dated: August 21, 2015

By: /s/ Thomas Stefan Gruenbeck
Thomas Stefan Gruenbeck (SBN 177056)
[e-mail]
Gruenbeck Vogeler
23120 Alicia Pkwy
Suite 223
Mission Viejo, CA 92692
Telephone: [phone]
Facsimile: 949-453-8175
Attorneys for Defendants PRODUCTS FOR
DOCTORS, INC. and JAMES BRADFORD

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT
CONFERENCE; CASE NO. 3:14-CV-05207 SI

CERTIFICATION PURSUANT TO CIV. L.R. 5-1(i)(3)

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Pursuant to Civil Local Rule 5-1(i)(3), I hereby certify that concurrence in the filing of this

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document has been obtained from the signatories for whom a signature is indicated by a conformed

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signature (/s/). I have on file records to support this concurrence for production for the Court if so

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ordered.

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Dated: August 21, 2015

/s/ Ranjini Acharya
Ranjini Acharya

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PURSUANT TO STIPULATION, IT IS SO ORDERED:
The Case Management Conference currently scheduled for September 4, 2015 is continued to
October 16, 2015 at 3:00 p.m. In the event settlement is reached by the parties and dismissals are
filed with the Court on or before October 9, 2015, the Case Management Conference will
automatically be removed from the Court’s calendar.

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8/24/15
Dated: ____________________

By:
United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT
CONFERENCE; CASE NO. 3:14-CV-05207 SI

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L. Scott Oliver (SBN 174824)
[e-mail]
Ranjini Acharya (SBN 290877)
[e-mail]
K&L GATES LLP
630 Hansen Way
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]
Matthew S. Nelles (admitted pro hac vice)
[e-mail]
BROAD AND CASSEL
One Financial Plaza
100 S.R. 3rd Avenue, Suite 2700
Ft. Lauderdale, FL 33394
Telephone: [phone]
Facsimile: [phone]
Lacey DeLori Corona (admitted pro hac vice)
[e-mail]
BROAD AND CASSEL
4100 Legendary Drive, Suite 280
Destin, FL 32541
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff INNOVATIVE HEALTH
SOLUTIONS, INC.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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INNOVATIVE HEALTH SOLUTIONS, INC.
Plaintiff,

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vs.

Case No.

3:14-cv-05207-SI

DECLARATION OF RANJINI ACHARYA
IN SUPPORT OF STIPULATION AND
[PROPOSED] ORDER TO CONTINUE
CASE MANAGEMENT CONFERENCE

DYANSYS, INC., a California corporation,
SRINI NAGESHWAR, individually,
PRODUCTS FOR DOCTORS, INC., a California
corporation, and JAMES BRADFORD,
individually,
Defendants.

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DECLARATION OF RANJINI ACHARYA IN SUPPORT OF STIPULATION AND
[PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE; CASE NO.
3:14-CV-05207-SI

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I, Ranjini Acharya, declare:

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I am an attorney duly licensed to practice law in the State of California and am a

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member of the bar of this Court. K&L Gates LLP represents Plaintiff Innovative Health Solutions,

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Inc. in this litigation. I submit this declaration on behalf of Plaintiff and in support of the Stipulation

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and [Proposed] Order to Continue the Case Management Conference, filed herewith. The statements

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made in this declaration are based on my own personal knowledge and if sworn as a witness I could

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testify competently thereto.

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2.

Plaintiff Innovative Health Solutions, Inc. and Defendants Dyansys, Inc., Srini

Nageshwar, Products for Doctors, Inc., and James Bradford, (together, the “Parties”) are attempting

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to negotiate a settlement agreement to resolve all remaining issues in the case including Plaintiff’s

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claims for damages, royalties, and costs claimed in the lawsuit against Defendants.

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3.

The Parties agree that continuing the Case Management Conference, currently set for

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Friday, September 4, 2015 at 3:00 p.m., to October 16, 2015, at 3:00 p.m., will provide the Parties

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with sufficient time to attempt to negotiate a settlement.

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4.

The Parties further agree that, in the event settlement is not reached, a joint case

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management statement will be filed with the Court by October 9, 2015. In the event that settlement is

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reached and dismissals are filed with the Court on or before October 9, 2015, the Case Management

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Conference will automatically be removed from the Court’s calendar.

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5.

This request affects only the hearing date for the Case Management Conference and

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the deadline for filing the joint case management statement thereto. It does not affect the rest of the

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case schedule.

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6.

Defendants previously sought, and were granted, an extension of time to file a reply in

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support of Defendants’ Motion to Dismiss. (Dkt. 108). The Parties also sought, and were granted,

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one extension of time to continue the initial case management conference. (Dkt. 94).

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//

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DECLARATION OF RANJINI ACHARYA IN SUPPORT OF STIPULATION AND
[PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE; CASE NO.
3:14-CV-05207-SI

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

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true and correct and that this declaration was executed on this 21st day of August, 2015, at Palo Alto,

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California.

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By:

/s/ Ranjini Acharya___________
Ranjini Acharya

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DECLARATION OF RANJINI ACHARYA IN SUPPORT OF STIPULATION AND
[PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE; CASE NO.
3:14-CV-05207-SI