Angioscore, Inc. v. Trireme Medical, Inc. et al
Filing
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ORDER RE: JOINT DISCOVERY LETTER BRIEF [DKT. NO. 92);ORDER TO SHOW CAUSE; SCHEDULING ORDER. Order to Show Cause Hearing set for Friday, 11/8/2013 09:30 AM. Plaintiff Show Cause Response due by 10/10/2013. Defendant response filed 10/14/13. Cross Motions for Summary Judgment and Daubert Motions filed by 4/22/2014. Fact Discovery Cutoff is 1/17/2014. Motion to Modify CMC Scheduling Order and Motion for Leave to File Supplemental and Second Amended Complaint filed by 10/2/2013. Responses due by 10/16/2013. Replies due by 10/23/2013. Motion Hearing set for Friday, 11/8/2013 09:45 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Deadline to Complete PRIVATE MEDIATION is 1/31/2014. Final Pretrial Conference set for 9/5/2014 09:00 AM. Jury Selection set for 9/22/2014 08:30 AM before Hon. Yvonne Gonzalez Rogers. Jury Trial set for 9/22/2014 08:30 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Compliance Hearing is set for Friday, 8/15/2014 09:01 AM before Hon. Yvonne Gonzalez Rogers. Hearing on any Summary Judgment and or Daubert Motion is set for 5/27/2014 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Pre-Filing Conference for summary judgement motions is set for 4/9/2014 02:00 PM before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 10/8/2013. (fs, COURT STAFF) (Filed on 10/8/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ANGIOSCORE, INC.,
Northern District of California
United States District Court
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Plaintiff,
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vs.
Case No.: 12-CV-3393 YGR
ORDER RE: JOINT DISCOVERY LETTER BRIEF
(DKT. NO. 92); ORDER TO SHOW CAUSE;
SCHEDULING ORDER
TRIREME MEDICAL, INC., et al.,
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Defendants.
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I.
ORDER RE: JOINT DISCOVERY LETTER BRIEF
Having duly considered the parties’ Joint Discovery Letter Brief (Dkt. No. 92), the Court
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DENIES the request for relief of Defendants TriReme Medical, Inc. and Dr. Eitan Konstantino
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(collectively, “Trireme”).
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II.
ORDER TO SHOW CAUSE
TriReme is hereby ORDERED TO SHOW CAUSE why cost-shifting sanctions should not be
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awarded to AngioScore for TriReme’s attempt to obtain injunctive relief in the guise of a discovery
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order.
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AngioScore shall respond to this Order to Show Cause no later than Thursday, October 10,
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2013 by electronically filing evidence of the fees it has incurred in connection with the dispute
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reflected in Docket Number 92, accompanied by a brief of no more than four (4) pages. TriReme
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shall respond no later than Monday, October 14, 2013 in a brief of no more than four (4) pages. No
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reply is permitted. The Order to Show Cause shall be heard November 8, 2013, at 9:30 am
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III.
SCHEDULING ORDER
With respect to AngioScore’s pending Motion to Modify the Case Management Scheduling
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Order and Motion for Leave to File Supplemental and Second Amended Complaint (Dkt. No. 90), the
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Court ORDERS the following schedule be set:
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Motion filed
Deadline for filing opposition or statement of nonopposition
Deadline for filing of any reply
Hearing Date
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October 2, 2013
October 16, 2013
October 23, 2013
November 8, 2013 at 9:45 am
In light of the nature and progress of this litigation, the Court deems it necessary to set a trial
date and all related deadlines. The parties shall proceed without the benefit of an early claims
construction order. Accordingly, the COURT HEREBY ORDERS AS FOLLOWS:
Northern District of California
United States District Court
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Fact discovery cutoff
Deadline to complete private mediation
Deadline to serve affirmative expert reports
Deadline to serve rebuttal expert reports
Expert discovery cutoff
Pre-filing conference for any summary judgment motion(s)
Deadline to file summary judgment motion(s)1 and/or any
Daubert motions
Hearing on any summary judgment and/or Daubert motions
Compliance Hearing2
Joint Pretrial Conference Statement Due
Pretrial Conference
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Trial Date
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January 17, 2014
January 31, 2014
February 7, 2014
February 28, 2014
March 21, 2013
April 9, 2014 at 2:00 pm
April 22, 2014
May 27, 2014
August 15, 2014 at 9:01 am
August 22, 2014
September 5, 2014
September 22, 2014 at 8:30 am
(Number of days allowed to be
set by the Court after the hearing
on any motion(s) for summary
judgment)
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If both sides intend to file summary judgment motions, they shall be framed as cross-motions and
briefed via a single motion and single response for each side, such that the Court receives from the
parties four briefs in total.
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A Compliance Hearing is set to confirm that counsel have timely met and conferred as required by
the Standing Pretrial Instructions Order and any specific such order for this action. Five (5) business
days prior to the date of the compliance hearing, the parties shall file a Joint Statement confirming
they have complied with this requirement or explaining their failure to comply. If compliance is
complete, the parties need not appear and the compliance hearing will be taken off calendar.
Telephonic appearances will be allowed if the parties have submitted a Joint Statement in a timely
fashion. Failure to do so may result in sanctions.
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The Court’s Pretrial Instructions in Civil Cases have significant requirements, including
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various deadlines to prepare for trial. At a minimum, trial counsel are required to make exchanges
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twenty-eight days in advance of the Pretrial Conference and to meet and confer at least twenty-one
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(21) days in advance of the Pretrial Conference. However, in certain cases, more time may be
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necessary to prepare in light of the complexities of the case.
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The parties must comply with both the Court’s Standing Order in Civil Cases and Standing
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Order for Pretrial Instructions in Civil Cases for additional deadlines and procedures. All Standing
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Orders are available on the Court’s website at http://www.cand.uscourts.gov/ygrorders.
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This Order terminates docket number 92.
IT IS SO ORDERED.
Northern District of California
United States District Court
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Dated: October 8, 2013
__________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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