Oracle Partners, L.P. et al v. Concentric Analgesics, Inc. et al

Filing 49

ORDER by Judge Haywood S. Gilliam, Jr. Granting #48 Stipulation TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement due by 11/10/202 and Initial Case Management Conference set for 11/17/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor. (ndrS, COURT STAFF) (Filed on 8/28/2020)

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Jaime A. Bartlett (SBN 251825)
[e-mail]
SIDLEY AUSTIN LLP
555 California St., Suite 2000
San Francisco, CA 94104
Telephone: [phone]
Thomas K. Cauley, Jr. (pro hac vice)
[e-mail]
Charles K. Schafer
[e-mail] (pro hac vice)
SIDLEY AUSTIN LLP
One South Dearborn
Chicago, IL 60603
Telephone: [phone]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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ORACLE P ARTNERS, L.P.; ORACLE
INSTITUTIONAL P ARTNERS, L.P.; ORACLE TEN
FUND, L.P.; FEINBERG FAM ILY TRUST ;
VENROCK HEALTHCARE CAPITAL P ARTNERS
III, L.P.; VHCP CO-INVESTM ENT HOLDINGS
III, LLC; COWEN HEALTHCARE INVESTM ENTS
II LP; CHI EF II LP; KERN ODYSSEUS, LLC;
PNC GIFT TRUST OF 2012; SCHULER
CONCENTRIC P ARTNERSHIP ,

Case No. 4:20-cv-03775-HSG
STIPULATED REQUEST AND
[PROPOSED] ORDER TO CONTINUE
THE INITIAL CASE MANAGEMENT
CONFERENCE

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Plaintiffs,
v.

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Assigned to Hon. Haywood S. Gilliam, Jr.

CONCENTRIC ANALGESICS, INC., FRANK J.
BELLIZZI, JR., JOHN DONOVAN ,

JURY TRIAL DEMANDED

Defendants.

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STIPULATED REQUEST AND [PROPOSED] ORDER TO CONTINUE INITIAL CMC,
CASE NO. 4:20-CV-03775-HSG

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Plaintiffs Oracle Partners, L.P.; Oracle Institutional Partners, L.P.; Oracle Ten Fund, L.P.;

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Feinberg Family Trust; Venrock Healthcare Capital Partner III, L.P.; VHCP Co-Investment Holdings III,

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LLC; Cowen Healthcare Investments II LP; CHI EF II LP; Kern Odysseus, LLC; PNC Gift Trust of 2012;

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and Schuler Concentric Partnership (collectively, “Plaintiffs”), and Frank J. Bellizzi, John Donovan, and

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Concentric Analgesics, Inc. (collectively, “Defendants”), by and through their respective counsel, hereby

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stipulate to the following:

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WHEREAS, on June 8, 2020, Plaintiffs filed their Complaint in the above-captioned matter. ECF
No. 1.

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WHEREAS, on June 25, 2020, pursuant to the schedule entered by the Court, the parties’ joint

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case management statement is currently due on September 8, 2020, and the initial case management

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conference is currently set for September 15, 2020. ECF No. 29.
WHEREAS, on August 7, 2020, Defendants filed a motion to dismiss the Complaint (“Motion to

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Dismiss”). ECF No. 38.

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WHEREAS, the noticed hearing date for the Motion to Dismiss is currently set for October 1,
2020. Id.

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WHEREAS, on August 21, 2020, Plaintiffs filed their opposition to the Motion to Dismiss. ECF
No. 42.

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WHEREAS, on August 24, 2020, the parties met and conferred pursuant to their obligations under

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Fed. R. Civ. P. 26(f) and now jointly stipulate, subject to the Court’s approval, to extend the deadline for

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submission of the joint case management statement and to continue the initial case management

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conference, as outlined below. Bartlett Decl. ¶ 7.

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WHEREAS, on August 25, 2020, the Court GRANTED the parties’ Stipulated Request for Order

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Changing Time (Civ. L. R. 6-2) resetting Defendants’ deadline to submit their reply brief to September 4,

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2020. See ECF. No. 46.

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WHEREAS, there have been no additional time modifications to this case, other than a reset of

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certain deadlines when this case was transferred from the Magistrate Judge to this Court. Civ. L. R. 6-

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2(a)(2).

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-1STIPULATED REQUEST AND [PROPOSED] ORDER TO CONTINUE INITIAL CMC,
CASE NO. 4:20-CV-03775-HSG

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WHEREAS, the Motion to Dismiss is pending as of the date of this stipulation.

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WHEREAS, good cause exists for this revised schedule to avoid unnecessary expenditure of

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judicial resources or effort by the parties and the Court at this time while the Court considers the Motion

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to Dismiss. Bartlett Decl. ¶ 10.

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WHEREAS, none of the proposed scheduling changes would alter either the deadline for

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Defendants to submit their reply brief or the noticed hearing date of October 1, 2020 for the Motion to

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Dismiss. Bartlett Decl. ¶ 12.

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WHEREAS, no other deadlines have yet been set, so none of the proposed scheduling changes
would alter any other deadlines. Bartlett Decl. ¶ 13.

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WHEREAS, nothing herein shall be deemed a waiver of any rights or defenses by the parties.

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IT IS HEREBY AGREED AND STIPULATED, and respectfully requested by and among the

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parties hereto, through their undersigned counsel of the record, that the Court order as follows:

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from September 8, 2020 to November 10, 2020.

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The deadline for submission of the initial case management statement shall be extended

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The date of the initial case management conference shall be continued from September

15, 2020 at 2:00pm (PT) to November 17, 2020 at 2:00pm (PT).

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IT IS SO STIPULATED.

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-2STIPULATED REQUEST AND [PROPOSED] ORDER TO CONTINUE INITIAL CMC,
CASE NO. 4:20-CV-03775-HSG

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Dated: August 25, 2020

SIDLEY AUSTIN LLP
By:

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/s/ Jaime A. Bartlett
Jaime A. Bartlett (SBN 251825)
[e-mail]
SIDLEY AUSTIN LLP
555 California St., Suite 2000
San Francisco, CA 94104
Telephone: [phone]

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Thomas K. Cauley, Jr. (pro hac vice)
[e-mail]
Charles K. Schafer
[e-mail] (pro hac vice)
SIDLEY AUSTIN LLP
One South Dearborn
Chicago, IL 60603
Telephone: [phone]

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Attorneys for Plaintiffs

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Dated: August 25, 2020

KEKER, VAN NEST & PETERS LLP
By:

/s/ Paven Malhotra

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Paven Malhotra (SBN 258429)
[e-mail]
KEKER, VAN NEST & PETERS LLP
633 Battery Street
San Francisco, CA 94111-1809
Telephone: [phone]

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Attorney for Defendants

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-3STIPULATED REQUEST AND [PROPOSED] ORDER TO CONTINUE INITIAL CMC,
CASE NO. 4:20-CV-03775-HSG

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ATTESTATION

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In accordance with Civil Local Rule 5-1(i)(3), I attest that Paven Malhotra concurred in the filing

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of this document.

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Dated: August 25, 2020

SIDLEY AUSTIN LLP
By:

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/s/ Jaime A. Bartlett
Jaime A. Bartlett

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-4STIPULATED REQUEST AND [PROPOSED] ORDER TO CONTINUE INITIAL CMC,
CASE NO. 4:20-CV-03775-HSG

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: ______________
8/28/2020

____________________________________

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HON. HAYWOOD S. GILLIAM, JR.

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UNITED STATES DISTRICT JUDGE

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-5STIPULATED REQUEST AND [PROPOSED] ORDER TO CONTINUE INITIAL CMC,
CASE NO. 4:20-CV-03775-HSG