Cellectricon AB et al v. Fluxion Biosciences, Inc.

Filing 56

STIPULATION AND ORDER #51 Continuing Case Management Conference and Related Deadlines. Case Management Conference set for 6/11/2010 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 5/20/10. (jgS, COURT STAFF) (Filed on 5/20/2010)

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Neil A. Smith, California Bar No. 63777 Email: [e-mail] Nathaniel Bruno, California Bar No. 228118 Email: [e-mail] SHEPPARD MULLIN RICHTER & HAMPTON LLP Four Embarcadero Center, 17th Floor San Francisco, CA 94111-4109 Telephone No.: 415-434-9100 Fax No.: 415-434-3947 David G. Conlin (Pro Hac Vice previously granted) Email: [e-mail] George W. Neuner (Pro Hac Vice previously granted) Email: [e-mail] Brian M. Gaff, California Bar No. 202896 Email: [e-mail] EDWARDS ANGELL PALMER & DODGE LLP 111 Huntington Avenue Boston, MA 02199-7613 Telephone No.: 617-239-0100 Fax No.: 617-227-4420 Attorneys for Plaintiffs CELLECTRICON AB and GYROS AB

ERIC L. WESENBERG (SBN 139696) Email: [e-mail] ELIZABETH A. HOWARD (SBN 173185) Email: [e-mail] DEBORAH FISHMAN (SBN 197584) Email: [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025-1015 Telephone: [phone] Facsimile: [phone]

Attorneys for Defendant FLUXION BIOSCIENCES, INC.

*E-FILED - 5/20/10*

UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 SAN JOSE DIVISION 18 19 CELLECTRICON AB and GYROS AB, 20 Plaintiffs, 21 22 23 FLUXION BIOSCIENCES, INC., 24 25 26 27 28
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Civil Action No. 5:09-cv-03150-RMW STIPULATION AND [] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES [Civil Local Rules 6-2 and 7-12] Current CMC Date: June 4, 2010 Proposed New CMC Date: June 11, 2010 Courtroom 6, 4th Floor Honorable Ronald M. Whyte, U.S. District Judge

v.

Defendant.

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STIPULATION AND [] ORDER CONTINUING INITIAL CMC AND RELATED DEADLINES

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The following stipulation requests that the Court continue the June 4, 2010 Case Management Conference ("CMC") in this action to June 11, 2010 at 10:30 a.m., continue the deadline to file a Joint Case Management Statement from May 28, 2010 to June 4, 2010, and continue all related deadlines accordingly.

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STIPULATION Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiffs CELLECTRICON AB and GYROS AB (collectively, "Plaintiffs") and Defendant FLUXION BIOSCIENCES, INC. ("Defendant"), through their respective counsel of record, stipulate and request as follows: 1. WHEREAS, on May 5, 2010, this Court issued a Notice of Order Setting

Case Management Conference setting the initial CMC in this action for June 4, 2010 at 10:30 a.m., setting the deadline to file a Joint Case Management Statement for May 28, 2010, and effectively setting other related pre-CMC deadlines that depend from the CMC date [Docket No.

2.

WHEREAS, counsel for Plaintiffs at the Edwards Angell law firm in

Boston, Massachusetts do not intend to travel to California to attend the CMC in person, but Plaintiffs do desire that Plaintiffs' counsel Neil A. Smith at the Sheppard Mullin law firm attend in person to represent Plaintiffs at the CMC; 3. WHEREAS, Mr. Smith has prior plans to be in New York City on June 4,

2010 [Declaration of Neil A. Smith at ¶ 2]; 4. WHEREAS, a brief one-week continuance of the CMC and related

deadlines will make the CMC more meaningful by allowing counsel for Plaintiffs to attend and participate in person and therefore serve the interests of efficiency and economy for case management going forward;

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STIPULATION AND [] ORDER CONTINUING INITIAL CMC AND RELATED DEADLINES

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5.

WHEREAS, the Court has advised through its Courtroom Deputy that the

Court is available, and there have been no previous time modifications relating to the CMC in this action, other than that the originally-scheduled initial CMC was vacated when the case was reassigned to this Honorable Court [Docket No. 19]; and

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6.

WHEREAS, a brief one-week continuance of the CMC and related

deadlines will not have an appreciable effect on the overall schedule for this case; NOW, THEREFORE, IT IS HEREBY STIPULATED AND REQUESTED that the Court continue the June 4, 2010 CMC in this action to June 11, 2010 at 10:30 a.m., continue the deadline to file a Joint Case Management Statement from May 28, 2010 to June 4, 2010, and continue all related deadlines accordingly.

DATED: May 14, 2010

SHEPPARD MULLIN RICHTER & HAMPTON LLP

By:

/s/ Neil A. Smith__________ Neil A. Smith Attorneys for Plaintiffs CELLECTRICON AB and GYROS AB

DATED: May 14, 2010

ORRICK, HERRINGTON & SUTCLIFFE LLP

By:

/s/ Eric L. Wesenberg__________ Eric L. Wesenberg Attorneys for Defendant FLUXION BIOSCIENCES, INC.

E-Filing Attestation: Counsel for Plaintiffs whose electronic signature appears above certifies by his electronic signature that counsel for Defendant whose electronic signature appears above has concurred in this filing.

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STIPULATION AND [] ORDER CONTINUING INITIAL CMC AND RELATED DEADLINES

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ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated:

5/20/10 Honorable Ronald M. Whyte United States District Court Judge

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STIPULATION AND [] ORDER CONTINUING INITIAL CMC AND RELATED DEADLINES