Synthes (USA) v. Spinal Kinetics Inc.

Filing 211

ORDER re 210 Defendant's Motion for Continuance. Signed by Magistrate Judge Howard R. Lloyd on 6/2/2011. (hrllc2, COURT STAFF) (Filed on 6/2/2011)

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1 2 *E-FILED 06-02-2011* 3 4 5 6 NOT FOR CITATION 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 For the Northern District of California United States District Court 7 12 SYNTHES USA, LLC (f/k/a SYNTHES (U.S.A.)); SYNTHES USA SALES, LLC; and SYNTHES, INC., 13 14 15 16 No. C09-01201 RMW (HRL) INTERIM ORDER RE DEFENDANT’S MOTION FOR CONTINUANCE Plaintiffs, v. SPINAL KINETICS, INC., Defendant. / 17 18 Defendant moves for a continuance of the deadlines set in this court’s May 13, 2011 19 Interim Order re Defendant’s Motion to Compel an In Camera Inspection of Documents 20 (Docket No. 208). Despite the fact that the activities directed in the May 13 Order were to have 21 been completed by June 3, 2011, defendant noticed its motion for continuance for a July 26, 22 2011 hearing, apparently contemplating that the subject deadlines would be extended for weeks 23 (or even months) after the original dates. This court sees no need for a regular briefing schedule 24 or formal hearing on the requested continuance, and the July 26 hearing is vacated. And, as a 25 practical matter, the court-ordered deadlines that are the subject of defendant’s motion have all 26 but passed. Having reviewed defendant’s motion for a continuance, this court will grant a brief 27 extension of the meet-and-confer and joint report deadlines set in the May 13 Order. This court 28 is disinclined to grant more than a brief extension, and will not entertain requests to re-set 1 deadlines into July or August. 2 No later than Monday, June 6, 2011, the parties shall file statements advising this 3 court when, in the next three weeks, their lead counsel (and anyone else whose presence is 4 needed to fully explore resolution) are available to meet-and-confer. The deadline for the 5 previously ordered joint status report will be re-set by the court, likely to a date within 7 days 6 after the re-set meet-and-confer deadline. 7 8 SO ORDERED. Dated: June 2, 2011 9 HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 5:09-cv-01201-RMW Notice has been electronically mailed to: 2 Allan William Jansen jansena@dicksteinshapiro.com, johnsonk@dicksteinshapiro.com, OCLitigationDocketing@dicksteinshapiro.com 3 Andre De La Cruz adelacruz@orrick.com, jdavis@orrick.com 4 Daniel E. Gustafson dgustafson@gustafsongluek.com, sdensmore@gustafsongluek.com 5 6 Ehab Monsef Samuel samuele@dicksteinshapiro.com, fulmerl@dicksteinshapiro.com, OC_Litigation_Docketing@dicksteinshapiro.com 7 James W. Geriak geriakj@dicksteinshapiro.com, fulmerl@dicksteinshapiro.com, menesesy@dicksteinshapiro.com, OC_Litigation_Docketing@dicksteinshapiro.com 8 Jeffrey Martin Olson jolson@sidley.com, aprado@sidley.com, ngregg@sidley.com 9 Kurt Timothy Mulville kmulville@orrick.com, jdavis@orrick.com 10 mjorgenson@sidley.com Monte M.F. Cooper For the Northern District of California United States District Court Matthew Spencer Jorgenson 11 mcooper@orrick.com, adalton@orrick.com, mortiz@orrick.com Paul Howard Meier mgutierrez@sidley.com 12 13 Robert W. Dickerson rdickerson@orrick.com 14 15 Robert William Dickerson DickersonR@dicksteinshapiro.com, murphyp@dicksteinshapiro.com 16 Samuel N. Tiu 17 Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court’s CM/ECF program. stiu@sidley.com 18 19 20 21 22 23 24 25 26 27 28 3

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