Synthes (USA) v. Spinal Kinetics Inc.

Filing 561

STIPULATION AND ORDER 40 Granting a One Week Extension to Reply to Spinal Kinetics' Oppositions to Plaintiff's Post-Trial Motions. Signed by Judge Ronald M. Whyte on 6/18/12. (jg, COURT STAFF) (Filed on 6/18/2012)

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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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12 SYNTHES USA, LLC (f/k/a SYNTHES
(U.S.A.)),
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Plaintiff,
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v.
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SPINAL KINETICS, INC.,
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Defendant.
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Case No. C-09-01201-RMW (HRL)
STIPULATION AND []
ORDER GRANTING A ONE WEEK
EXTENSION TO REPLY TO SPINAL
KINETICS’ OPPOSITIONS TO
PLAINTIFF’S POST-TRIAL MOTIONS
Hearing Date:
Hearing Time:
Judge:
Courtroom:

July 13, 2012
9:00 a.m.
Hon. Ronald M. Whyte
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LA1 2467267v.1

Case No. C-09-01201-RMW

STIPULATION AND [] ORDER GRANTING
ONE WEEK EXTENSION FOR POST-TRIAL REPLY BRIEFS

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On May 21, 2012, Synthes filed three post-trial motions seeking relief pursuant to Fed. R.

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Civ. P. 50(b) and 59. Dkts. 532-534. On June 4, 2012, Spinal Kinetics filed oppositions to all three

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motions. Dkts. 536-538. Pursuant to L.R. 7-3(c), Synthes’ reply briefs are presently due on June 11,

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2012.

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In view of the volume of the briefing and the number of issues to be addressed, Synthes

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believes that additional time for preparing reply briefs would be helpful and is warranted, and

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requests a one week extension of the deadline for filing its reply briefs, until June 18, 2012. Spinal

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Kinetics does not oppose Synthes’ request for a one week extension.

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The hearing on Synthes’ post-trial motions is presently scheduled for July 13, 2012 (25 days

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after the proposed deadline for Synthes’ reply briefs), and the parties agree that the requested

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extension should not affect the hearing date.

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Accordingly, IT IS HEREBY STIPULATED by and between the parties, through their
counsel, that with the Court’s permission:

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1.

Synthes shall file its reply briefs in support of its post-trial motions by June 18, 2012.

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2.

The July 13, 2012 hearing shall remain on calendar.

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Agreed to and submitted by:
SIDLEY AUSTIN LLP

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Dated: June 6, 2012

By:

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/s/ Jeffrey M. Olson
Jeffrey M. Olson
Attorneys for Plaintiff
SYNTHES USA, LLC (f/k/a SYNTHES (U.S.A.))

DICKSTEIN SHAPIRO LLP

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Dated: June 6, 2012

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Case No. C-09-01201-RMW

By:

/s/ Ehab M. Samuel
Ehab M. Samuel
Attorneys for Defendant
SPINAL KINETICS, INC.

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STIPULATION AND [] ORDER GRANTING
ONE WEEK EXTENSION FOR POST-TRIAL REPLY BRIEFS

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SIDLEY AUSTIN LLP
JEFFREY M. OLSON (SBN 104074) [e-mail]
PAUL H. MEIER (SBN 115999) [e-mail]
SAMUEL N. TIU (SBN 216291) [e-mail]
MATTHEW S. JORGENSON (SBN 229131) [e-mail]
555 W. Fifth Street, Suite 4000
Los Angeles, California 90013
[phone] phone
[phone] fax
Attorneys for Plaintiff
SYNTHES USA, LLC (f/k/a SYNTHES (U.S.A.))

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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
2030 Main Street, Suite 1300
Irvine, CA 92614-7200
Telephone: [phone]
Facsimile: [phone]

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Robert W. Dickerson (State Bar No. 89367) [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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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

, 2012
Honorable Ronald M. Whyte
United States District Judge

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Case No. C-09-01201-RMW

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STIPULATION AND [] ORDER GRANTING
ONE WEEK EXTENSION FOR POST-TRIAL REPLY BRIEFS