Abaxis, Inc. v. Cepheid

Filing 67

ORDER REGARDING CASE SCHEDULE AND BRIEFING OF MOTION TO DISMISS. Further Case Management Conference set for 8/4/2011 01:30 PM in Courtroom 4, 5th Floor, San Jose. Motion Hearing set for 8/4/2011 01:30 PM in Courtroom 4, 5th Floor, San Jose before Hon. Lucy H. Koh. Signed by Judge Koh on 6/15/2011. (lhklc1, COURT STAFF) (Filed on 6/15/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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ABAXIS, INC.,
Plaintiff,
v.
CEPHEID,
Defendant.

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Case No.: 10-CV-02840-LHK
ORDER REGARDING CASE
SCHEDULE AND BRIEFING OF
MOTION TO DISMISS

The Court held a tutorial in this case on June 15, 2011. As discussed at the tutorial, the

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Court hereby orders the following schedule for the briefing of Abaxis’s Motion to Dismiss

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Cepheid’s Inequitable Conduct Defenses and Counterclaim:

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(1) By June 17, 2011, Abaxis shall withdraw the motion to dismiss filed on April 26, 2011.

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(2) By June 17, 2011, Cepheid shall file an amended answer and counterclaim.

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(3) By June 29, 2011, Abaxis shall file an amended motion to dismiss.

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(4) Cepheid’s opposition brief shall be due July 15, 2011.

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(5) Abaxis’s reply brief shall be due July 22, 2011.

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(6) The hearing on Abaxis’s amended motion to dismiss shall be held, as currently

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scheduled, on August 4, 2011 at 1:30 p.m., to be followed by a case management

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conference. One week before the hearing, the parties shall file a joint case management

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statement that includes a proposed case schedule through trial.

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Case No.: 10-CV-02840-LHK
ORDER REGARDING CASE SCHEDULE AND BRIEFING OF MOTION TO DISMISS

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In addition, the Court orders the following modifications to the case schedule:

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(1) The case management conference currently set for August 31, 2011 is VACATED.

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(2) By September 2, 2011, the parties shall file a post-mediation status report indicating

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whether the parties reached a settlement, and, if not, whether the mediation assisted in

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narrowing the issues in the case. If the issues were narrowed such that the case schedule

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may be abbreviated, the parties should propose a revised schedule.

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IT IS SO ORDERED.

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Dated: June 15, 2011

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LUCY H. KOH
United States District Judge

United States District Court
For the Northern District of California

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Case No.: 10-CV-02840-LHK
ORDER REGARDING CASE SCHEDULE AND BRIEFING OF MOTION TO DISMISS