Permutter v. Intuitive Surgical,inc et al

Filing 59

ORDER Approving in part Joint Stipulation Regarding Date to File Motion to Dismiss Amended Complaint and Briefing Deadlines. Signed by Judge Koh on 9/27/2011.(lhklc3, COURT STAFF) (Filed on 9/27/2011)

Case5:10-cv-03451-LHK Document58

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Filed09/19/11 Page1 of 4

KEKER & VAN NEST LLP
ROBERT A. VAN NEST - #84065
MICHAEL D. CELIO - #197998
SUYUN H. KIM - #263117
633 Battery Street
San Francisco, CA 94111-1809
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants
INTUITIVE SURGICAL, INC., BENJAMIN GONG, ALEKS
CUKIC, JEROME MCNAMARA, GARY GUTHART,
MARSHALL MOHR, AND LONNIE SMITH

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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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POLICE RETIREMENT SYSTEM OF ST.
LOUIS, individually and on behalf of all
others similarly situated,

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Plaintiffs,

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v.
INTUITIVE SURGICAL, INC., BENJAMIN
GONG, ALEKS CUKIC, JEROME
MCNAMARA, GARY GUTHART,
MARSHALL MOHR, AND LONNIE
SMITH,

Case No. CV-10-03451-LHK

STIPULATION RE DATE TO FILE
MOTION TO DISMISS AMENDED
COMPLAINT AND [PROPOSED] ORDER
As Amended

Defendants.

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580349.01

STIPULATION RE DATE TO FILE MOTION TO DISMISS AMENDED COMPLAINT
CASE NO. CV-10-03451-LHK

Case5:10-cv-03451-LHK Document58

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Filed09/19/11 Page2 of 4

WHEREAS on August 10, 2011, the Court entered an order granting Defendants’ motion

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to dismiss Plaintiffs’ Complaint, continuing the case management conference scheduled for

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August 11, 2011 to October 26, 2011, and granting Plaintiffs leave to amend the Complaint by

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September 12, 2011;

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WHEREAS on September 12, 2011, Plaintiffs filed an Amended Complaint;

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WHEREAS Defendants intend to file a motion to dismiss the Amended Complaint;

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WHEREAS the Court’s August 10, 2011 order stated that in the event Defendants move

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to dismiss the Amended Complaint, the Court would continue the October 26, 2011 case

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management conference to the same date as the motion hearing;

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WHEREAS Defendants have requested to enlarge the time to file a motion to dismiss,

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and to fairly and proportionately set a schedule for Plaintiffs’ opposition thereto, and the

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Defendants’ reply, in light of the complexity of the issues presented;

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WHEREAS the parties to this Action agree that justice and judicial economy will best be
served if this Court approves the following stipulated and agreed schedule.

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IT IS THEREFORE STIPULATED, SUBJECT TO THE COURT’S APPROVAL:

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The parties shall abide by the following deadlines:

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Motion to Dismiss:

October 17, 2011

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Opposition:

November 18, 2011

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Reply:

December 5, 2011

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Hearing:

As set by the Court

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IT IS SO STIPULATED.

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Dated: September 19, 2011

KEKER & VAN NEST LLP

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By: /s/ Michael D. Celio
MICHAEL D. CELIO
Attorneys for Defendants
INTUITIVE SURGICAL, INC., BENJAMIN GONG,
ALEKS CUKIC, JEROME MCNAMARA, GARY
GUTHART, MARSHALL MOHR, AND LONNIE
SMITH.

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580349.01

STIPULATION RE DATE TO FILE MOTION TO DISMISS AMENDED COMPLAINT
CASE NO. CV-10-03451-LHK

Case5:10-cv-03451-LHK Document58

Filed09/19/11 Page3 of 4

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Dated: September 19, 2011

ABRAHAM, FRUCHTER & TWERKSY

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By: Ian Berg (by express permission)
IAN BERG
Lead Counsel and Attorneys for Lead Plaintiff
ST. LOUIS POLICE RETIREMENT SYSTEM

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The parties shall abide by the following deadlines:

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Motion to Dismiss:

October 17, 2011

October 13, 2011

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Opposition:

November 18, 2011

November 14, 2011

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Reply:

December 5, 2011

December 1, 2011

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Hearing:

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IT IS SO ORDERED.
Dated:

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By: __________________________________
LUCY H. KOH
UNITED STATES DISTRICT JUDGE

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580349.01

STIPULATION RE DATE TO FILE MOTION TO DISMISS AMENDED COMPLAINT
CASE NO. CV-10-03451-LHK