The Central Institute for Experimental Animals -v- The Jackson Laboratory

Filing 53

STIPULATION AND ORDER 51 to Continue Case Management Conference: Initial Case Management Conference set for 6/5/2009 10:30 AM. Signed by Judge Ronald M. Whyte on 5/20/09. (jg, COURT STAFF) (Filed on 5/20/2009)

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KENNETH E. KELLER (SBN: 714050) [e-mail] MICHAEL D. LISI (SBN: 196974) [e-mail] KRIEG, KELLER, SLOAN, REILLEY & ROMAN LLP 114 Sansome Street, 4th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] JOSEPH DIAMANTE (Pro Hac Vice Pending) RONALD M. DAIGNAULT (Pro Hac Vice Pending) JENNER & BLOCK LLP 919 Third Avenue, 37th Floor New York, NY 10022-3902 Telephone: [phone] Facsimile: [phone]

*E-FILED - 5/20/09*

Attorneys for Plaintiff and Cross-Defendants THE CENTRAL INSTITUTE FOR EXPERIMENTAL ANIMALS UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA THE CENTRAL INSTITUTE FOR EXPERIMENTAL ANIMALS, a Japanese corporation, Plaintiff, v. THE JACKSON LABORATORY, a Maine corporation, Defendant. Case No.: CV 08 5568 RMW STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE, AND ORDER ­ CORRECTED VERSION Prior CMC Date: May 22, 2009 New CMC Date: June 5, 2009 [Declaration of Michael D. Lisi filed concurrently herewith]

AND RELATED COUNTERCLAIMS. Pursuant to Civil Local Rules 6-1(b) and 6-2, Plaintiff and Cross-Defendants The Central Institute for Experimental Animals ("CIEA") requests that the Case Management Conference currently scheduled for May 22, 2009 at 10:30 A.M. be continued until June 5, 2009. Defendant and Counterclaimant The Jackson Laboratory ("Jackson") stipulates to CIEA's request. 1
________________________________________________________________________________________ STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND ORDER ­ CORRECTED VERSION Case No.: CV 08 5568 RMW

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WHEREAS, CIEA filed a complaint in this action on December 12, 2008; WHEREAS, on March 12, 2009, the Clerk of the Court issued a Reassignment Order pursuant to which this action was reassigned from Magistrate Judge Patricia Trumbull to Judge Ronald M. Whyte for all further proceedings; WHEREAS, on March 17, 2009, the Court served Notice that a Case Management Conference had been scheduled for April 27, 2009, before Judge Ronald M. Whyte; WHEREAS, because of scheduling conflicts for Jackson's counsel, the parties requested a continuance of the Case Management Conference until May 15, 2009, which request was granted by the Court; WHEREAS, on May 6, 2009, the Court continued the Case Management Conference to May 22, 2009; WHEREAS, counsel for CIEA has a scheduling conflict on that day, and will be out of town on that day attending a previously set matter in another case; WHEREAS, the undersigned has discussed this conflict and counsel for Jackson does not oppose a postponement of the Case Management Conference; WHEREAS, the undersigned has mutually determined that the next reasonably convenient Friday for both sides to appear for a Case Management Conference is June 5, 2009; NOW THEREFORE, IT IS HEREBY STIPULATED by and between counsel for the parties, subject to Court approval, as follows: The Case Management Conference in this action shall be continued from May 22, 2009, until June 5, 2009 at 10:30 A.M., or the next date thereafter available on the Court's calendar. Dated: May 12, 2009 KRIEG, KELLER, SLOAN, REILLEY & ROMAN LLP By: _____________/s/_______________________ Kenneth E. Keller Michael D. Lisi Attorneys for Plaintiff THE CENTRAL INSTITUTE FOR EXPERIMENTAL ANIMALS 2
________________________________________________________________________________________ STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND ORDER ­ CORRECTED VERSION Case No.: CV 08 5568 RMW

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Dated: May 12, 2009

WOLF, GREENFIELD & SACKS, P.C.

By: _____________/s/_________________________ Michael N. Rader Attorneys for Defendant and Counterclaimant THE JACKSON LABORATORY

I hereby attest that I have been authorized by Counsel for The Jackson Laboratory to execute this Stipulated Request to Reschedule Case Management Conference and [Proposed] Order. Executed on this 12th day of May, 2009, at San Francisco, California. By: __________/s/_________________________ Michael D. Lisi

IT IS SO ORDERED.

Dated: __________________ 5/20/09

____________________________________ UNITED STATES DISTRICT JUDGE

94316

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________________________________________________________________________________________ STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND ORDER ­ CORRECTED VERSION Case No.: CV 08 5568 RMW