Angioscore, Inc. v. Trireme Medical, Inc. et al

Filing 93

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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 10 ANGIOSCORE, INC., Northern District of California United States District Court 11 Plaintiff, 12 13 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., 14 Defendants. 15 16 I. ORDER RE: JOINT DISCOVERY LETTER BRIEF Having duly considered the parties’ Joint Discovery Letter Brief (Dkt. No. 92), the Court 17 18 DENIES the request for relief of Defendants TriReme Medical, Inc. and Dr. Eitan Konstantino 19 (collectively, “Trireme”). 20 II. ORDER TO SHOW CAUSE TriReme is hereby ORDERED TO SHOW CAUSE why cost-shifting sanctions should not be 21 22 awarded to AngioScore for TriReme’s attempt to obtain injunctive relief in the guise of a discovery 23 order. 24 AngioScore shall respond to this Order to Show Cause no later than Thursday, October 10, 25 2013 by electronically filing evidence of the fees it has incurred in connection with the dispute 26 reflected in Docket Number 92, accompanied by a brief of no more than four (4) pages. TriReme 27 shall respond no later than Monday, October 14, 2013 in a brief of no more than four (4) pages. No 28 reply is permitted. The Order to Show Cause shall be heard November 8, 2013, at 9:30 am 1 III. SCHEDULING ORDER With respect to AngioScore’s pending Motion to Modify the Case Management Scheduling 2 3 Order and Motion for Leave to File Supplemental and Second Amended Complaint (Dkt. No. 90), the 4 Court ORDERS the following schedule be set: 5 Motion filed Deadline for filing opposition or statement of nonopposition Deadline for filing of any reply Hearing Date 6 7 8 9 10 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 11 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 12 13 14 15 16 17 18 19 Trial Date 20 21 22 23 24 25 26 27 28 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) 1 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. 2 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. 2 1 The Court’s Pretrial Instructions in Civil Cases have significant requirements, including 2 various deadlines to prepare for trial. At a minimum, trial counsel are required to make exchanges 3 twenty-eight days in advance of the Pretrial Conference and to meet and confer at least twenty-one 4 (21) days in advance of the Pretrial Conference. However, in certain cases, more time may be 5 necessary to prepare in light of the complexities of the case. 6 The parties must comply with both the Court’s Standing Order in Civil Cases and Standing 7 Order for Pretrial Instructions in Civil Cases for additional deadlines and procedures. All Standing 8 Orders are available on the Court’s website at http://www.cand.uscourts.gov/ygrorders. 9 10 This Order terminates docket number 92. IT IS SO ORDERED. Northern District of California United States District Court 11 12 13 Dated: October 8, 2013 __________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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