Biogenex Laboratories v. Axis Diagnostics, Inc.

Filing 43

Order by Magistrate Judge Donna M. Ryu granting 42 Stipulation.(dmrlc2, COURT STAFF) (Filed on 5/28/2013)

Case4:12-cv-06313-DMR Document42 Filed05/22/13 Page1 of 3

1
2
3
4
5
6
7

Thomas B. Mayhew (State Bar No. 183539)
[e-mail]
Benjamin C. Geiger(State Bar No. 245614)
[e-mail]
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendant
AXIS DIAGNOSTICS, INC.

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

OAKLAND DIVISION

11
12

BIOGENEX LABORATORIES,

13
14

Plaintiff,
vs.

15

AXIS DIAGNOSTICS, INC.,

16

Case No. C-12-6313 DMR

JOINT STIPULATION AND [PROPOSED]
ORDER CONTINUING HEARING ON
MOTION TO SET ASIDE DEFAULT AND
INITIAL CASE MANAGEMENT
CONFERENCE

Defendant.

17
18
19
20
21
22
23
24
25
26
27
28
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

JOINT STIP. AND [PROPOSED] ORDER
CONTINUING INITIAL CASE MANAGEMENT
CONF. Case No. C12 6313 DMR

28852\3682620.1

Case4:12-cv-06313-DMR Document42 Filed05/22/13 Page2 of 3

1

Pursuant to Civil Local Rules 6-1(b) and 6-2, Plaintiff BioGenex Laboratories

2

(“Plaintiff”) and Defendant Axis Diagnostics, Inc. (“Defendant”) hereby stipulate and request an

3

order to (1) continue the hearing date for Defendant’s Motion to Set Aside Default, currently set

4

for June 13, 2013, to June 27, 2013, and (2) continue the Initial Case Management Conference

5

until six weeks after the Court’s ruling on Defendant’s Motion to Set Aside Default.

6

Plaintiff requests the continuance of the hearing date for Defendant’s Motion to Set Aside

7

Default to June 27, 2013, because Plaintiff’s counsel learned on May 21, 2013, of an irresolvable

8

scheduling conflict on the morning of June 13, 2013. Defendant has no objection to continuing

9

the hearing date on its Motion to Set Aside Default to June 27, 2013.
Further, the parties request a continuance of the Initial Case Management Conference,

10
11

currently also set for June 13, 2013, to avoid incurring the costs and fees related to the meet and

12

confer process, preparation of initial disclosures, and preparation of a Rule 26(f) Report before

13

the Court has determined whether Defendant’s default will be set aside and Defendant will be

14

allowed to appear and litigate in this matter. The parties seek reasonable time to prepare their

15

disclosures and reports after the Court’s ruling on Defendant’s Motion to Set Aside Default, in

16

the event that Defendant is allowed to appear and litigate its defenses and counterclaims in this

17

action. The parties ask that the Court continue the Initial Case Management Conference to six

18

weeks after the Court’s ruling on Defendant’s Motion to Set Aside Default.

19

The parties have not previously requested any time modifications in this case.

20

Accordingly, the parties respectfully request that (1) the Court continue the hearing date

21

for Defendant’s Motion to Set Aside Default to June 27, 2013, and (2) the Court continue the

22

Initial Case Management Conference until the next hearing date available six weeks after the

23

Court’s ruling on Defendant’s Motion to Set Aside Default. The parties intend and respectfully

24

request that all deadlines triggered by the Initial Case Management Conference—including the

25

deadlines to meet and confer, provide initial disclosures, file an ADR Certification, and provide a

26

Rule 26(f) Report—will be triggered by whatever new date the Court sets for the Initial Case

27

Management Conference.

28

//

Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

JOINT STIP. AND [PROPOSED] ORDER
CONTINUING INITIAL CASE MANAGEMENT
CONF. Case No. C12 6313 DMR

-2-

28852\3682620.1

Case4:12-cv-06313-DMR Document42 Filed05/22/13 Page3 of 3

1

Dated: May 22, 2013

FARELLA BRAUN + MARTEL LLP

2
By:

3
4

/s/ Benjamin C. Geiger
Benjamin C. Geiger
Attorneys for Defendant
AXIS DIAGNOSTICS, INC.

5
6
7

Dated: May 22, 2013

AKAY LAW

8
9

By:

10

Attorneys for Plaintiff
BIOGENEX LABORATORIES

11
12
13
14

/s/ Douglas N. Akay
Douglas N. Akay

PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: _____May 28, 2013___________

15
16

____________________________________
Hon. Donna M. Ryu

17
18
19
20
21
22
23
24
25
26
27
28
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

JOINT STIP. AND [PROPOSED] ORDER
CONTINUING INITIAL CASE MANAGEMENT
CONF. Case No. C12 6313 DMR

-3-

28852\3682620.1