Medimmune, LLC v. PDL Biopharma, Inc.

Filing 232

STIPULATION AND ORDER re 218 shortening time for briefing and hearing on defendant's motion for protective order. Plaintiff's opposition (limited to 15 pages) due by 12/3/2009. Defendant's reply (limited to 5 pages) due by 12/8/2009. Motion hearing set for 12/22/2009. Signed by Magistrate Judge Howard R. Lloyd on 11/30/2009. (hrllc2, COURT STAFF) (Filed on 11/30/2009).

*ORDER E-FILED 11-30-2009* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED REQUEST AND PROPOSED ORDER TO SHORTEN XXXXXXX TIME RE: PDL'S MOTION FOR P.O.
Case No. C 08-5590 JF

MATTHEW D. POWERS (Bar No. 104795) [e-mail] VERNON M. WINTERS (Bar No. 130128) [e-mail] AARON Y. HUANG (Bar No. 261903) [e-mail] WEIL, GOTSHAL & MANGES LLP Silicon Valley Office 201 Redwood Shores Parkway Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] PETER SANDEL (admitted pro hac vice) [e-mail] REBECCA FETT (admitted pro hac vice) [e-mail] WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, NY 10153 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant, PDL BIOPHARMA, INC.

GERSON A. ZWEIFACH (admitted pro hac vice) PAUL B. GAFFNEY (admitted pro hac vice) AARON P. MAURER (admitted pro hac vice) DAVID I. BERL (No. 211761) JESSAMYN S. BERNIKER (admitted pro hac vice) WILLIAMS & CONNOLLY LLP 725 Twelfth Street, NW Washington, DC 20005-5901 Telephone: [phone] Facsimile: [phone]

JEFFREY E. FAUCETTE (No. 193066) HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN A Professional Corporation Three Embarcadero Center, 7th Floor San Francisco, CA 94111-4024 Telephone: [phone] Facsimile: [phone] ELLIOT M. OLSTEIN CARELLA, BYRNE, BAIN, GILFILLAN, CECCHI, STEWART & OLSTEIN, P.C. Five Becker Farm Road Roseland, NJ 07068-1739 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff, MEDIMMUNE, LLC

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION MEDIMMUNE, LLC, v. Plaintiff, Case No. C 08-5590 JF STIPULATED REQUESTED AND PROPOSED ORDER TO SHORTEN TIME XXXXXXX FOR BRIEFING AND HEARING ON PDL'S MOTION FOR PROTECTIVE ORDER Requested Hearing Date: December 22, 2009 Time: 10:00 a.m.

PDL BIOPHARMA, INC., Defendant.

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IT IS HEREBY STIPULATED AND AGREED by and between plaintiff MedImmune, LLC ("MedImmune") and defendant PDL BioPharma, Inc. ("PDL") (each, a "Party" and collectively, the "Parties") to the above-captioned litigation as follows: 1. ("PDL's Motion"). Whereas PDL filed on November 20, 2009 a Motion for Protective Order PDL's Motion seeks a protective order from the Court forbidding and

limiting certain topics noticed in MedImmune's First Notice of Deposition of PDL Pursuant to Fed. R. Civ. P. 30(b)(6) ("MedImmune's 30(b)(6) Notice"). 2. Whereas MedImmune served its 30(b)(6) Notice on November 6, 2009,

containing 24 topics and seeking deposition of PDL on December 10, 2009, and PDL served its responses and objections thereto on November 13, 2009. 3. resolve their dispute. 4. Whereas immediate resolution of the dispute will determine what topics Whereas the Parties have met and conferred in good faith but cannot

MedImmune may pursue and the scope of the Parties' preparation therefor. 5. Whereas the close of fact discovery in this case is January 13, 2009; as a

result, hearing under the Court's normal 35-day schedule would leave the Parties only around two weeks to prepare for and conduct the deposition pursuant to the Court's decision. 6. Whereas the below requested time modification would set hearing one

week earlier than under the normal 35-day schedule, but still provides the Court with two weeks between the receipt of all briefing and hearing. The instant request affects the date for PDL's Motion only and has no effect on the rest of the schedule otherwise in place in this case. 7. The Parties agree, subject to the Court's approval, to modify the briefing

and hearing schedule for PDL's Motion as set forth below: MedImmune's opposition to the motion, if any, be filed by December 3, 2009, and limited to 15 pages. PDL's reply brief, if any, be filed by December 8, 2009, and limited to 5 pages. A hearing on this matter will be held on December 22, 2009.

STIPULATED REQUEST AND PROPOSED ORDER TO SHORTEN XXXXXXX TIME RE: PDL'S MOTION FOR P.O.

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Case No. C 08-5590 JF

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8.

There have been three previous schedule modifications in this case. On

January 9, 2009, the parties agreed to extend PDL's time to respond to MedImmune's First Amended Complaint. On July 2, 2009, the parties stipulated to a rescheduling of the Markman hearing; that stipulation was approved by the Court on July 7, 2009. In August 18, 2009, the parties stipulated to an extension of the trial date and case calendar.

DATED: November 24, 2009

Respectfully submitted, WEIL, GOTSHAL & MANGES LLP /s/ Vernon M. Winters Vernon M. Winters Attorneys for Defendant, PDL BioPharma, Inc.

WILLIAMS & CONNOLLY LLP /s/ Jessamyn S. Berniker JESSAMYN S. BERNIKER Attorneys for Plaintiff, MedImmune, LLC.

ATTESTATION OF FILER CONCERNING SIGNATURE In accordance with general Order No. 45, Section X, the filer of this document hereby attests that concurrence in the filing of this document has been obtained from each of the signatories listed above. DATED: November 24, 2009 Respectfully submitted, WEIL, GOTSHAL & MANGES LLP /s/ Vernon M. Winters Attorneys for Defendant, PDL BioPharma, Inc.

STIPULATED REQUEST AND XXXXXXX PROPOSED ORDER TO SHORTEN TIME RE: PDL'S MOTION FOR P.O.

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Case No. C 08-5590 JF

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XXXXXXXX [PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. November 30, 2009 HON. HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE

STIPULATED REQUEST AND XXXXXXX PROPOSED ORDER TO SHORTEN TIME RE: PDL'S MOTION FOR P.O.

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Case No. C 08-5590 JF