Genentech, Inc v. GlaxoSmithKline, LLC

Filing 58

ORDER CONTINUING STAY AND DENYING PENDING 29 MOTION WITHOUT PREJUDICE. Signed by Judge Edward J. Davila on September 30, 2011. (ejdlc2, COURT STAFF) (Filed on 9/30/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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GENENTECH, INC.,

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Plaintiff,
v.
GLAXOSMITHKLINE LLC,
Defendant.

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Case No.: 5:10-CV-04255 EJD
ORDER CONTINUING STAY AND
DENYING PENDING MOTION
WITHOUT PREJUDICE
(Re: Docket No. 29)

On December 1, 2010, Judge Fogel ordered that this action would be stayed pending a

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decision in the District of Delaware on Plaintiff Genentech, Inc.’s (“Genentech”) motion to

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transfer. On April 25, 2011, this action was transferred to the undersigned. On August 23, 2011,

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the court ordered the parties to file a Joint Status Statement. On September 2, 2011, the parties filed

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a Joint Case Management Conference Statement. Having considered the statement,

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IT IS HEREBY ORDERED that the stay is continued pending a decision in the District of
Delaware on Genentech’s motion to transfer.
IT IS FURTHER ORDERED that because the case is stayed and the court must maintain its
docket, Genentech’s pending motion for summary judgment is denied without prejudice to the

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Case No.: 5:10-CV-04255 EJD
ORDER CONTINUING STAY AND DENYING PENDING MOTION WITHOUT PREJUDICE

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motion being renewed when the stay is removed.
Dated:
_________________________________
EDWARD J. DAVILA
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 5:10-CV-04255 EJD
ORDER CONTINUING STAY AND DENYING PENDING MOTION WITHOUT PREJUDICE