LifeScan Scotland, Ltd. v. Shasta Technologies, LLC et al

Filing 195

ORDER AS MODIFIED BY THE COURT SPECIALLY SETTING PRELIMINARY INJUNCTION HEARING ONLY FROM 3/15/2013 to 2/21/2013 re 184 MOTION to Expedite Lifescan's Administrative Motion to Consolidate Motions for Hearing and Advance Their Return Date Pursuant to Civ. L. R. 6-3 and 7-11 filed by LifeScan Scotland, Ltd., Lifescan, Inc. Set/Reset Deadlines as to 176 MOTION for Preliminary Injunction : Motion Hearing SPECIAL SET for 2/21/2013 02:00 PM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. ***3/15/2013 Preliminary Injunction Deadlines terminated. Signed by Judge Edward J. Davila on 1/9/2013. (ecg, COURT STAFF) (Filed on 1/9/2013)

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Gregory L. Diskant (admitted pro hac vice)
Eugene M. Gelernter (admitted pro hac vice)
Sean Marshall (admitted pro hac vice)
PATTERSON BELKNAP WEBB & TYLER LLP
1133 Avenue of the Americas
New York, NY 10036
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]

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RICHARD GOETZ (S.B. #115666)
O'MELVENY & MYERS LLP
400 South Hope Street
Los Angeles, CA 90071-2899
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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SUSAN ROEDER (S.B. #160897)
O'MELVENY & MYERS LLP
2765 Sand Hill Road
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Plaintiffs
LIFESCAN, INC. and
LIFESCAN SCOTLAND, LTD.

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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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LIFESCAN, INC. and LIFESCAN
SCOTLAND, LTD.,
Plaintiffs,

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v.
SHASTA TECHNOLOGIES, LLC,
DECISION DIAGNOSTICS CORP.,
PHARMATECH SOLUTIONS, INC., and
CONDUCTIVE TECHNOLOGIES, INC.,
Defendants.

Case No. CV11-04494-EJD (PSG)
[PROPOSED] ORDER GRANTING
LIFESCAN’S ADMINISTRATIVE
MOTION TO CONSOLIDATE MOTIONS
FOR HEARING AND ADVANCE THEIR
HEARING ON MOTION FOR
RETURN DATE PURSUANT TO CIV. L.
R. 6-3 AND 7-11 INJUNCTION ONLY
PRELIMINARY

[PROPOSED] ORDER GRANTING LIFESCAN’S
ADMIN MOT.TO CONSOL. AND ADVANCE
HEARING DATE

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On December 17, 2012, Plaintiffs LifeScan, Inc. and LifeScan Scotland, Ltd.

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(“LifeScan”) filed an Administrative Motion to Consolidate Motions for Hearing and Advance

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Their Return Date Pursuant to Civil Local Rules 6-3 and 7-11. The Court has considered the

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papers and pleadings on file, and good cause appearing, HEREBY GRANTS the motion.

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IT IS HEREBY ORDERED that the following motions: (1) Plaintiffs’ motion for a

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preliminary injunction filed on December 14, 2012 (Docket No.176); (2) Defendants’ motion to

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dismiss filed on December 14, 2012 (Docket No. 174); and (3) Defendants’ motion to stay filed

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on December 14, 2012 (Docket No. 175), are consolidated for hearing;

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and
If the Court has accepted as related the following case: LifeScan, Inc. et al. v.

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Shasta Technologies, LLC, et al., Case No. 12-3660-KAW (N.D. Cal.), the motion for a

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preliminary injunction served by the plaintiffs in that action on December 14, 2012, will also be

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deemed consolidated for hearing with the three motions listed above;

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and

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The hearing date for the above motions is moved forward from March 15, 2012 to

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February 21, 2013,
January ___, 2012. at 2:00 p.m.

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IT IS SO ORDERED.

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January 9, 2013
Dated: ______________, 2012

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By:
Honorable Edward J. Davila
United States District Court

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[PROPOSED] ORDER GRANTING LIFESCAN’S
ADMIN MOT.TO CONSOL. AND ADVANCE
HEARING DATE