Nuvo Research Inc. et al v. McGrath

Filing 20

STIPULATION AND ORDER, Set/Reset Deadlines as to 16 MOTION to Dismiss the Second Through Fourth Causes of Action of Plaintiffs' Complaint. Responses due by 1/17/2012. Replies due by 1/31/2012.. Signed by Judge ARMSTRONG on 12/6/11. (lrc, COURT STAFF) (Filed on 12/7/2011)

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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]
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]
Attorneys for Plaintiffs
Nuvo Research Inc. and
Nuvo Research AG
CAROLYN CHANG (Bar No. 217933)
[e-mail]
FENWICK & WEST LLP
Silicon Valley Center
801 California Street
Mountain View, CA 94041
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Dr. Michael S. McGrath

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. CV 11-04006 SBA

NUVO RESEARCH INC.,
NUVO RESEARCH AG,
Plaintiffs,
v.

JOINT STIPULATION AND ORDER
TO EXTEND THE BRIEFING
SCHEDULE ON DEFENDANT’S
MOTION TO DISMISS

DR. MICHAEL S. MCGRATH,
Defendant.

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JOINT STIP. AND [PROPOSED] ORDER TO EXTEND MOTION TO DISMISS BRIEFING SCHEDULE
CASE NO. CV 11-04006 SBA

Pursuant to Civil Local Rules 6-1(b), 6-2, and 7-12 of the Federal District for the

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Northern District of California, Plaintiffs Nuvo Research Inc. and Nuvo Research AG

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(collectively, “Plaintiffs”), and Defendant Dr. Michael S. McGrath (“Defendant”), by and through

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their counsel, submit this Joint Stipulation and Proposed Order Extending the Briefing Schedule

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on Defendant’s Motion to Dismiss the Second through Fourth Causes of Action of Plaintiffs’

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Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (the “Motion to Dismiss”), scheduled to be heard

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on March 27, 2012. Pursuant to Civil Local Rules 6-2 and 7-12, the Parties in the above

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referenced action hereby stipulate as follows:
WHEREAS counsel for the Parties met and conferred by telephone on November

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30, 2011, December 2, 2011, and December 5, 2011 regarding the deadlines for Plaintiffs’

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opposition to the Motion to Dismiss and Defendant’s reply, respectively;
WHEREAS Plaintiffs and Defendant stipulate, subject to the Court’s approval, that

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Plaintiffs’ time to file an opposition to the Motion to Dismiss shall be extended to and including

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January 17, 2012;
WHEREAS Plaintiffs and Defendant further stipulate, subject to the Court’s

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approval, that Defendant’s time to file a reply in support of its Motion to Dismiss shall be

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extended to and including January 31, 2012; and
WHEREAS the requested time modification will have no effect on the Hearing

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scheduled for March 27, 2012 or the case schedule;
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:
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Plaintiffs’ time to file an opposition to the Motion to Dismiss shall be extended to

and including January 17, 2012;
2.

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Defendant’s time to file a reply in support of its Motion to Dismiss shall be

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extended to and including January 31, 2012.

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//

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//

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//
JOINT STIP. AND [PROPOSED] ORDER TO EXTEND MOTION TO DISMISS BRIEFING SCHEDULE
CASE NO. CV 11-04006 SBA
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SO STIPULATED.

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Dated:

December 5, 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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Dated:

December 5, 2011

FENWICK & WEST LLP

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By: /s/ Carolyn Chang
Carolyn Chang
Attorneys for Defendant
DR. MICHAEL S. MCGRATH

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JOINT STIP. AND [PROPOSED] ORDER TO EXTEND MOTION TO DISMISS BRIEFING SCHEDULE
CASE NO. CV 11-04006 SBA
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ORDER EXTENDING THE BRIEFING SCHEDULE ON
DEFENDANT’S MOTION TO DISMISS

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Pursuant to the stipulation of the Parties, Plaintiffs’ time to respond to the Motion
to Dismiss in this action shall be extended to and including January 17, 2012, and Defendant’s

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time to file a reply in support of its Motion to Dismiss shall be extended to and including January
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31, 2012.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: December 6, 2011

____________________________________
HON. SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE

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JOINT STIP. AND [PROPOSED] ORDER TO EXTEND MOTION TO DISMISS BRIEFING SCHEDULE
CASE NO. CV 11-04006 SBA
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