Nuvo Research Inc. et al v. McGrath

Filing 14

STIPULATION AND ORDER, CASE MANAGEMENT SCHEDULING ORDER: Case Management Conference set for 1/19/2012 03:00 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 10/25/11. (lrc, COURT STAFF) (Filed on 10/26/2011)

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CAROLYN CHANG (CSB No. 217933)
[e-mail]
FENWICK & WEST LLP
Silicon Valley Center
801 California Street
Mountain View, CA 94041
Telephone:
650.988.8500
Facsimile:
650.938.5200

NOAH M. LEIBOWITZ (pro hac application
forthcoming)
[e-mail]
SIMPSON THACHER & BARTLETT LLP
425 Lexington Avenue
New York, New York 10017
Telephone: [phone]
Facsimile: [phone]

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HARRISON J. FRAHN IV (Bar No. 206822)
[e-mail]
SIMPSON THACHER & BARTLETT LLP
2550 Hanover Street
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendant
MICHAEL S. MCGRATH

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Attorneys for Plaintiffs
NUVO RESEARCH INC. and
NUVO RESEARCH AG

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UNITED STATES DISTRICT COURT

MOUNTAIN VIEW

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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NORTHERN DISTRICT OF CALIFORNIA

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NUVO RESEARCH INC.
NUVO RESEARCH AG,
Plaintiffs,

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v.
DR. MICHAEL S. MCGRATH,

Case No.: CV 11-04006 SBA
STIPULATION TO EXTEND TIME
TO ANSWER COMPLAINT AND
STIPULATED REQUEST FOR
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE AND
[PROPOSED] ORDER THEREON

Defendant.

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The Parties in the above referenced action hereby stipulate as follows:

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WHEREAS, Plaintiffs filed this action on August 15, 2011;

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WHEREAS, on September 13, 2011, this action was assigned to Judge Armstrong;

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WHEREAS, on September 21, 2011, Judge Armstrong issued a Case Management Order

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setting a telephonic Case Management Conference for December 7, 2011;

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WHEREAS, Defendant was served with a summons in this action on October 5, 2011;

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WHEREAS, Defendant’s deadline to answer, move, or otherwise respond to the

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Complaint is currently set for October 26, 2011;
CV 11-04006 SBA
STIP. TO EXTEND TIME

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WHEREAS counsel for the Parties met and conferred by telephone on October 18, 2011;

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WHEREAS Plaintiffs and Defendant stipulated, subject to the Court’s approval, that

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Defendant’s time to move, answer, or otherwise respond to the Complaint in this action shall be

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extended to November 23, 2011;

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WHEREAS Plaintiffs and Defendant further stipulated, subject to the Court’s approval,

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that the telephonic Case Management Conference scheduled for December 7, 2011 at 2:30 p.m.

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be continued to January 11, 2011 at 2:30 p.m. or to the next available date thereafter that is

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convenient to the Court;
IT IS THEREFORE STIPULATED by and between the Parties, through their respective

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attorneys of record, subject to the approval of the Court, that:
1.

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MOUNTAIN VIEW

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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Defendant’s time to move, answer, or otherwise respond to the Complaint in this

action shall be extended to November 23, 2011;
2.

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The telephonic Case Management Conference scheduled for December 7, 2011 at

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2:30 p.m. be continued to January 11, 2011 at 2:30 p.m. or to the next available date thereafter

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that is convenient to the Court.
SO STIPULATED.

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Dated:

October 24, 2011

FENWICK & WEST LLP

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By: /s/ Carolyn Chang
Carolyn Chang

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Attorneys for Defendant
DR. MICHAEL S. MCGRATH

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Dated:

October 24, 2011

SIMPSON THACHER & BARTLETT LLP

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By: /s/ Harrison J. Frahn IV
Harrison J. Frahn IV

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Attorneys for Plaintiffs
NUVO RESEARCH INC. and NUVO
RESEARCH AG

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2

CV 11-04006 SBA
STIP. TO EXTEND TIME

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[PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT
AND CONTINUING OF CASE MANAGEMENT CONFERENCE
Pursuant to the stipulation of the Parties, Defendant’s time to move, answer, or otherwise
respond to the Complaint in this action shall be extended to November 23, 2011.

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Pursuant to the stipulation of the Parties, the telephonic Case Management Conference

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scheduled for December 7, 2011 at 2:30 p.m. is hereby continued to January 19, 2012 at 3:00

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p.m. A joint case management conference statement shall be filed at least seven days prior to the

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conference. Plaintiff is responsible for setting up the conference call. On the specified date and
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time, Plaintiff shall call [phone] with all parties on the line.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

MOUNTAIN VIEW

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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Dated: October 25, 2011

____________________________________
HON. SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE

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CV 11-04006 SBA
STIP. TO EXTEND TIME