Cellectricon AB et al v. Fluxion Biosciences, Inc.

Filing 91

JOINT STIPULATION AND ORDER #90 Continuing Case Management Conference: Case Management Conference set for 10/29/2010 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 10/13/10. (jg, COURT STAFF) (Filed on 10/13/2010)

Cellectricon AB et al v. Fluxion Biosciences, Inc.

Doc. 91

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ERIC L. WESENBERG (SBN 139696) [e-mail] ELIZABETH A. HOWARD (SBN 173185) [e-mail] DEBORAH E. FISHMAN (SBN 197584) [e-mail] JASON S. ANGELL (SBN 221607) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025-1015 Telephone: [phone] Facsimile: 650-614-7401 Attorneys for Defendant, FLUXION BIOSCIENCES, INC.

NEIL ARTHUR SMITH (SBN 63777) [e-mail] ROPERS, MAJESKI, KOHN & BENTLEY 50 W. San Fernando Street Suite 1400 San Jose, CA 95113 Telephone: [phone] Facsimile: 408-918-4501 BRIAN M. GAFF (SBN 202896) [e-mail] EDWARDS ANGELL PALMER & DODGE LLP 111 Huntington Avenue Boston, MA 02199-7613 Telephone: [phone] Facsimile: 888-325-9725 Attorneys for Plaintiffs CELLECTRICON AB and GYROS AB

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CELLECTRICON AB and GYROS AB, Plaintiff, v. FLUXION BIOSCIENCES, INC., Defendant. *E-FILED - 10/13/10*

Case No. 3:09-cv-03150 (RMW) JOINT STIPULATION AND [] ORDER CONTINUING CASE MANAGEMENT CONFERENCE Date: October 29, 2010 Time: 10:30 Ctrm: 6, 4th Floor

Pursuant to Civil Local Rule 7-12, Plaintiffs Cellectricon AB and Gyros AB ("Plaintiffs") and Defendant Fluxion Biosciences, Inc. ("Fluxion"), by and through their respective counsel of record, respectfully submit this Joint Stipulation and Proposed Order seeking a continuance of the case management conference from October 15, 2010 at 10:30 a.m. to October 29, 2010 at 10:30 a.m. WHEREAS, on July 26, 2010, the Court ordered the parties to submit a joint status conference statement by October 1, 2010 and to appear at a case management conference on October 8, 2010 at 10:30 a.m. to report on the status of Fluxion's reexamination requests and
STIPULATION TO CONTINUE HEARING DATE CASE NO. 09-CV-3150 RMW

Dockets.Justia.com

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present their respective positions with regard to whether the stay should be continued, lifted, or modified at that time; WHEREAS, on September 30, 2010, the Court reset the case management conference for October 15, 2010 at 10:30 a.m. and that the parties should submit the joint status conference statement by October 8, 2010; WHEREAS, Fluxion's counsel is unavailable on October 15, 2010 and Plaintiffs' counsel is unavailable on October 22; and WHEREAS, the parties agree to conduct the case management conference on October 29, 2010 at 10:30 a.m., subject to the court's convenience, and that the joint status conference statement should be filed by October 22, 2010; THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT: The Case Management Conference, presently scheduled for October 15, 2010, may be continued to October 29, 2010, or as soon thereafter as the Court's schedule will allow, and that the case management conference statement will be filed by October 22, 2010. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Dated: October 8, 2010 ERIC WESENBERG ELIZABETH A. HOWARD DEBORAH E. FISHMAN JASON S. ANGELL ORRICK, HERRINGTON & SUTCLIFFE LLP /s/ Jason S. Angell Jason S. Angell Attorneys for Defendant Fluxion Biosciences, Inc. Dated: October 8, 2010 NEIL ARTHUR SMITH ROPERS, MAJESKI, KOHN & BENTLEY /s/ Neil Arthur Smith Neil Arthur Smith Attorneys for Plaintiffs Cellectricon AB and Gyros AB

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STIPULATION TO CONTINUE HEARING DATE CASE NO. 09-CV-3150 RMW

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PURSUANT TO STIPULATION, IT IS SO ORDERED 10/13 Dated: _________________, 2010 HON. RONALD M. WHYTE UNITED STATES DISTRICT JUDGE

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STIPULATION TO CONTINUE HEARING DATE CASE NO. 09-CV-3150 RMW

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FILERS ATTESTATION Pursuant to General Order No. 45, Section X (B) regarding signatures, I, Jason S. Angell, hereby attest that the concurrence in the filing of this document has been obtained from Neil Arthur Smith, Attorney for Plaintiffs, Cellectricon AB and Gyros AB.

/s /Jason S. Angell Jason S. Angell

STIPULATION TO CONTINUE HEARING DATE CASE NO. 09-CV-3150 RMW

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OHS West:261005736.1

[] ORDER Based upon the parties' stipulation, and FOR GOOD CAUSE shown, IT IS HEREBY ORDERED THAT the Case Management Conference, presently scheduled for October 15, 2010, is continued to October 29, 2010 and that the joint case management conference statements is due October 22, 2010. 10/13 Dated: _________________, 2010 HON. RONALD M. WHYTE UNITED STATES DISTRICT JUDGE

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STIPULATION TO CONTINUE HEARING DATE CASE NO. 09-CV-3150 RMW