Fresenius USA, Inc. et al v. Baxter International Inc. et al

Filing 1102

ORDER RE-SETTING HEARING DATE re 1099 Stipulation filed by Fresenius USA, Inc., Fresenius Medical Care Holding, Inc. Evidentiary Hearing set for 12/2/2011 09:00 AM in Courtroom 3, 3rd Floor, Oakland before Hon. Phyllis J. Hamilton. Signed by Judge Phyllis J. Hamilton on 6/30/11. (nah, COURT STAFF) (Filed on 6/30/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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(OAKLAND DIVISION)

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FRESENIUS MEDICAL CARE HOLDINGS,
INC., a New York corporation; and FRESENIUS
USA, INC., a Massachusetts corporation,
Defendants,

Plaintiffs and Counter-

Case No. C 03-01431 PJH

[PROPOSED] ORDER RE-SETTING
HEARING DATE

v.
BAXTER INTERNATIONAL, INC., a
Delaware corporation; and BAXTER
HEALTHCARE CORPORATION, a
Delaware corporation,
Defendants and Counterclaimants.

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Pursuant to the Court’s Order dated June 3, 2011 (Docket No. 1098), the parties have
advised the Court that they are unavailable on the proposed date of August 2, 2011, for an
evidentiary hearing in this matter. The parties have jointly requested that the evidentiary hearing
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be re-set to the alternative date of December 12, 2011 as set forth in Docket No. 1098, and the
Court grants that request. The evidentiary hearing on Baxter’s remand motion will be held on
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December 12, 2011, commencing at 9:00 a.m.

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Additionally:

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(i) the current briefing schedule will remain in place;

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(ii) to the extent any relevant authority becomes available after briefing is concluded, the

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parties will address it by letter submission only; and

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(iii) should the Court notify the parties that a date earlier than December 12 is available,
the parties will confer in good faith to determine if counsel and witnesses are available to proceed
on the earlier date.
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[PROPOSED] ORDER RE-SETTING HEARING DATE
Case No. C 03-01431 PJH

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IT IS SO ORDERED.

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R NIA

hyllis
Judge P

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NO

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HON. PHYLLIS J. RED
RDEHAMILTON
S SO O
U.S.IDistrict Court Judge
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lton

J. Hami

FO

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____, 2011

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Dated: June 30

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[PROPOSED] ORDER RE-SETTING HEARING DATE
Case No. C 03-01431 PJH