Infuturia Global Ltd. v. Sequus Pharmaceuticals, Inc. et al

Filing 143

STIPULATION AND ORDER DEFERRING RULE 26 DISCLOSURES: to (20) twenty-days following filing/service of responsive pleadings by Sequus Pharmaceuticals, Inc.. Signed by Judge Saundra Brown Armstrong, on 4/10/09. (lrc, COURT STAFF) (Filed on 4/14/2009) Modified on 4/15/2009 (jlm, COURT STAFF).

1 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP David Eiseman (Bar No. 114758) 2 Melissa Baily (Bar No. 237649) Billie Salinas (Bar No. 235193) 3 50 California Street, 22nd Floor 4 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] 6 [e-mail] [e-mail] 7 8 JENNER & BLOCK LLP Harry J. Roper (admitted pro hac vice) 9 Eric L. Lohrenz (admitted pro hac vice) 330 N. Wabash Avenue 10 Chicago, Illinois 60611 [phone] 11 Telephone: Facsimile: [phone] [e-mail] 12 Email: [e-mail] 13 Attorneys for Defendant 14 Sequus Pharmaceuticals, Inc. 15 16 17 18 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CASE NO. C-08-4871 SBA STIPULATION AND ORDER DEFERRING RULE 26 DISCLOSURES UNTIL 20 DAYS FOLLOWING THE FILING AND SERVICE OF A RESPONSIVE PLEADING Courtroom: 3, 3rd Floor Before: Hon. Saundra B. Armstrong

19 INFUTURIA GLOBAL LTD., a British Virgin Islands corporation, 20 21 22 vs. Plaintiff,

23 SEQUUS PHARMACEUTICALS, INC., a Delaware corporation, 24 25 26 27 28
51435/2855153.2

Defendant.

Case No. C-08-4871 SBA STIPULATION AND [PROPOSED] ORDER DEFERRING RULE 26 DISCLOSURES

1 2

STIPULATION Plaintiff Infuturia Global Ltd. ("Infuturia") and Defendant Sequus Pharmaceuticals, Inc.

3 ("Sequus") respectfully submit the following Stipulation and [Proposed] Order Deferring Rule 26 4 Disclosures Until 20 Days Following the Filing and Service of a Responsive Pleading. 5 6 7 8 9 10 11 WHEREAS, on March 16, 2009, Infuturia filed its Second Amended Complaint; WHEREAS, on April 6, 2009, Sequus filed a motion to dismiss the Second Amended Complaint pursuant to Federal Rules of Civil Procedure 12(b)(7) and 12(b)(6); WHEREAS, the Court's ruling on Sequus' motion could impact the scope of the claims that may proceed in federal court; WHEREAS, pursuant to this Court's February 23, 2009 Order, the parties' initial

12 disclosures are due on April 9, 2009; 13 14 15 16 17 18 Accordingly, Infuturia and Sequus, through their respective counsel of record, hereby stipulate to defer the service of their respective Rule 26(a)(1) and Rule 26(f) disclosures until 20 WHEREAS, in the interest of conserving the parties' resources, the parties agree to defer the service of their respective Rule 26(a)(1) and Rule 26(f) disclosures until 20 days following the filing and service of a responsive pleading by Sequus;

19 days following the filing and service of a responsive pleading by Sequus. 20 21 DATED: April 8, 2009 22 23 24 25 26 27 28
51435/2855153.2

QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP JENNER & BLOCK LLP By /s/Melissa J. Baily Melissa J. Baily Attorneys for Defendant Sequus Pharmaceuticals, Inc.

-1STIPULATION AND [PROPOSED] ORDER DEFERRING RULE 26 DISCLOSURES

Case No. C-08-4871 SBA

1 DATED: April 8, 2009 2 3 4 5

HEYGOOD ORR REYES PEARSON & BARTOLOMEI By /s/Eric D. Pearson Eric D. Pearson Attorneys for Plaintiff Infuturia Global Ltd.

6 I, Melissa J. Baily, am the ECF User whose ID and password are being used to file this pleading. I hereby attest that permission to file this document with Eric D. Pearson's electronic signature 7 was provided by Eric D. Pearson of Heygood Orr Reyes Pearson & Bartolomei. 8 9 10 11 12 Dated: 4/10/09 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
51435/2855153.2

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED:

____________________________________ The Honorable Saundra Brown Armstrong United States District Judge

-2STIPULATION AND [PROPOSED] ORDER DEFERRING RULE 26 DISCLOSURES

Case No. C-08-4871 SBA