Abbott Laboratories et al v. Agamatrix, Inc.

Filing 142

STIPULATION AND ORDER TO CONTINUE HEARING ON MOTION TO COMPEL re 140 Stipulation filed by Abbott Diabetes Care Inc., Abbott Laboratories. Signed by Judge Patricia V. Trumbull on September 20, 2010. (pvtlc2, COURT STAFF) (Filed on 9/20/2010)

Abbott Laboratories et al v. Agamatrix, Inc.

Doc. 142

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ROHIT K. SINGLA (SBN 213057) MUNGER, TOLLES & OLSON LLP 560 Mission Street, 27th Floor San Francisco, CA 94105-2907 Telephone: [phone] Facsimile: [phone] Email: [e-mail] IAN J. MILLER (SBN 257429) CHANTAL MORGAN D'APUZZO (SBN 252223) MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue, 35th Floor Los Angeles, CA 90071-1560 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Attorneys for Plaintiffs ABBOTT LABORATORIES and ABBOTT DIABETES CARE, INC.

PATRICK S. THOMPSON (SBN 160804) GOODWIN PROCTER LLP Three Embarcadero Center, 24th Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] J. ANTHONY DOWNS (pro hac vice) ROLAND H. SCHWILLINSKI (pro hac vice) GAURI M. DHAVAN (pro hac vice) GOODWIN PROCTER LLP Exchange Place Boston, MA 02109 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Email: [e-mail] Attorneys for Defendant AGAMATRIX, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

ABBOTT LABORATORIES and ABBOTT DIABETES CARE, INC., Plaintiffs, vs. AGAMATRIX, INC., Defendant.

CASE NO. C 06 07268-JF STIPULATED REQUEST TO CONTINUE HEARING ON MOTION TO COMPEL XXXXXXXXXXXXXXXX [AND PROPOSED ORDER]

Crtrm: 5 (Hon. Patricia V. Trumbull)

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STIP. REQ TO CONTINUE HEARING ON MOTION TO COMPEL CASE NO. C 06-07268-JF

Dockets.Justia.com

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WHEREAS On August 24, 2010, counsel for Abbott and AgaMatrix came before the Court on Abbott's Motion to Compel Documents Required by Patent L.R. 3-4(a) and Documents Responsive to RFPs 11, 13, 14 and 15. At the hearing the Court directed AgaMatrix to produce additional documents responsive to these requests by September 17, 2010.1 The Court also set a further hearing on Abbott's Motion to Compel for September 21, 2010 to address any issues that may remain regarding the Motion after the AgaMatrix production. On September 17, 2010, counsel for AgaMatrix sent a letter to Abbott's counsel stating they had substantially completed their production of documents responsive to RFPs 11, 13, 14, 15, subject to certain issues set forth in the letter. The letter also identified certain documents or portions of documents as being redacted on the basis that they contained trade secrets and/or were not relevant to issues in this litigation. The letter was accompanied by a production of approximately 100,000 pages of materials, which arrived over the weekend of September 18. Therefore, to permit Abbott to make an initial review of the production, and to permit the parties time to discuss issues relating to the production, the parties request the further hearing on Abbott's Motion to Documents Required by Patent L.R. 3-4(a) and Documents Responsive to RFPs 11, 13, 14 and 15 be continued to September 28, 2010 at 10:00 am, or such other time as the Court sets.

Abbott and AgaMatrix have a different understanding as to the scope of the Court's order, but neither party believes this need be decided for the purposes of this stipulation. 11725711.1
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STIP. REQ. TO CONTINUE HEARING ON MOTION TO COMPEL CASE NO. C 06-07268-JF

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DATED: September 20, 2010

MUNGER, TOLLES & OLSON, LLP ROHIT SINGLA IAN MILLER CHANTAL MORGAN D'APUZZO By: /s/ Ian Miller____________ IAN J. MILLER

Attorneys for Plaintiffs ABBOTT LABORATORIES and ABBOTT DIABETES CARE INC.

DATED: September 20, 2010

GOODWIN PROCTER LLP J. ANTHONY DOWNS ROLAND SCHWILLINSKI GAURI M. DHAVAN By: /s/ Roland Schwillinski________ ROLAND SCHWILLINSKI

Attorneys for Defendant AGAMATRIX, INC.

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STIP. REQ TO CONTINUE HEARING ON MOTION TO COMPEL CASE NO. C 06-07268-

JF

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ABBOTT DIABETES CARE INC. AND ABBOTT LABORATORIES, Plaintiffs, vs. AGAMATRIX, INC., Defendant. Good cause appearing, the Court continues the Further Hearing on Abbott's Motion to Compel Documents Required by Patent L.R. 3-4(a) and Documents Responsive to RFPs 11, 13, 14 and 15 to September 28, 2010 at 10:00 AM. CASE NO. C 06-07268-JF
XXXXXXXXXX [PROPOSED] ORDER GRANTING STIPULATED REQUEST TO CONTINUE HEARING ON MOTION TO COMPEL

IT IS SO ORDERED.

20 Dated: September ______, 2010

________________________________ Honorable Patricia Trumbull United States Magistrate Judge

[PROPOSED] ORDER GRANTING STIP. REQ TO CONTINUE HEARING ON MOTION TO COMPEL