Permutter v. Intuitive Surgical,inc et al

Filing 52

ORDER Modifying Briefing Schedule re 48 Defendants' Motion to Dismiss. Signed by Judge Koh on 6/1/2011. (lhklc3, COURT STAFF) (Filed on 6/1/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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POLICE RETIREMENT SYSTEMS OF ST.
)
LOUIS, individually and on behalf of all others )
similarly situated,
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Plaintiff,
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v.
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INTUITIVE SURGICAL, INC., ET AL.,
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Defendants.
)
)

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Case No.: 10-CV-03451-LHK
ORDER MODIFYING BRIEFING
SCHEDULE REGARDING
DEFENDANTS’ MOTION TO DISMISS
(re: dkt. #48)

On March 24, 2011, in an effort to support the parties’ discussions regarding potential

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settlement, the Court adopted the parties’ stipulation extending the time to file the amended

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complaint, the motion to dismiss, and the opposition to the motion to dismiss. See Dkt. #46.

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Unfortunately, however, it appears that the parties’ efforts at resolving this case have not yet been

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successful. Plaintiffs filed an amended complaint on April 15, 2011, and Defendants filed a motion

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to dismiss, with voluminous exhibits totaling nearly 300 pages, on May 23, 2011. Defendants’

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motion to dismiss is noticed for hearing on August 11, 2011. Under the current schedule,

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Plaintiffs’ opposition is not due until July 7, 2011, while Defendants’ reply is not due until July 25,

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2011.

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In anticipation of extensive briefing and exhibits on both sides, the Court would benefit
from a slightly more expedited briefing schedule in advance of the August 11, 2011 hearing.
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Case No.: 10-CV-03451-LHK
ORDER MODIFYING BRIEFING SCHEDULE

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Accordingly, Plaintiffs’ opposition is now due by Friday, July 1, 2011, and Defendants’ reply is

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now due by Monday, July 18, 2011. The hearing on Defendants’ motion to dismiss and the case

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management conference remain set for Thursday, August 11, 2011 at 1:30 p.m.

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IT IS SO ORDERED.

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Dated: June 1, 2011

_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 10-CV-03451-LHK
ORDER MODIFYING BRIEFING SCHEDULE