Synthes (USA) v. Spinal Kinetics Inc.

Filing 407

Stipulation and ORDER regarding lodging deposition transcripts. Signed by Judge Whyte on 10/5/2011. (rmwlc2, COURT STAFF) (Filed on 10/6/2011)

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James W. Geriak (State Bar No. 32871)
[e-mail]
Allan W. Jansen (State Bar No. 81992)
[e-mail]
Charles A. Kertell (State Bar No. 181214)
[e-mail]
Ehab M. Samuel (State Bar No. 228296)
[e-mail]
Mark Stirrat (State Bar No. 229448)
[e-mail]
DICKSTEIN SHAPIRO LLP
Two Park Plaza, Suite 900
Irvine, CA 92614-3519
Telephone:
[phone]
Facsimile:
[phone]
Robert W. Dickerson (State Bar No. 89,367)
[e-mail]
DICKSTEIN SHAPIRO LLP
2049 Century Park East, Suite 700
Los Angeles, CA 90067
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
SPINAL KINETICS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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SYNTHES USA, LLC (f/k/a SYNTHES
(U.S.A.)),

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Plaintiff,
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v.

Case No. 5:09-CV-01201 RMW
STIPULATION AN
ORDER RE LODGING DEPOSITION
TRANSCRIPTS WITH
HIGHLIGHTED DESIGNATIONS
AND COUNTERDESIGNATIONS

SPINAL KINETICS, INC.,
Defendant.

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STIPULATION AND ORDER RE
LODGING DEPOSITION TRANSCRIPTS

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Pursuant to this Court’s Standing Order re: Pretrial Preparation filed February 24, 2003

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(“Standing Order”), the parties are to lodge not less than ten (10) court days before the Pretrial

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Conference “[o]ne copy of any deposition transcript and any discovery response intended to be

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offered as evidence, other than solely for impeachment or rebuttal.” The Standing Order further

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directs the parties to “highlight the pertinent portions of the deposition transcripts and discovery

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responses.”

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Pursuant to a stipulation between the parties, the deposition transcripts with the
highlighted pertinent portions are currently due no later than October 4, 2011.

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The parties have discussed and agreed to extend the schedule for lodging one set of

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deposition transcripts that includes the highlighted designations and highlighted

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counterdesignations for at least the reason that the Court’s ruling on the pending motions in

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limine may impact the depositions to be presented at trial.

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IT IS HEREBY STIPULATED by and between the parties, through their respective
counsel of record, that:

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1.

the parties are to lodge one copy of any deposition transcript and any discovery

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response intended to be offered as evidence, other than solely for impeachment or rebuttal, no

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later than October 25, 2011; and

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2.

the parties are to highlight the pertinent portions of the deposition transcripts and

discovery responses.

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SO ORDERED.

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Dated:
HON. RONALD M. WHYTE
United States District Judge

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STIPULATION AND ORDER RE
LODGING DEPOSITION TRANSCRIPTS

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Agreed to and submitted by:
Dated: October 4, 2011

DICKSTEIN SHAPIRO LLP

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By

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/s/ Allan W. Jansen
Allan W. Jansen
Attorneys for Defendant
SPINAL KINETICS, INC.

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Dated: October 4, 2011

SIDLEY AUSTIN LLP

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By

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/s/ Samuel N. Tiu
Samuel N. Tiu
Attorney for Plaintiff
SYNTHES USA, LLC (f/k/a SYNTHES
(U.S.A.))

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Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under

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penalty of perjury that concurrence in the filing of this document has been obtained from Samuel

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N. Tiu, counsel for Plaintiff.

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Dated: October 4, 2011

DICKSTEIN SHAPIRO LLP

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By
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/s/ Allan W. Jansen
James W. Geriak
Allan W. Jansen
Robert W. Dickerson
Charles A. Kertell
Ehab M. Samuel
Mark Stirrat
Attorneys for Defendant
SPINAL KINETICS, INC.

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STIPULATION AND ORDER RE
LODGING DEPOSITION TRANSCRIPTS