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

Filing 46

STIPULATION AND ORDER Granting Extension of Oppoisition and Reply Deadline re 45 Stipulation. Set/Reset Deadlines as to 43 MOTION for Judgment on the Pleadings, 44 MOTION to Stay: Oppositions due by 1/6/2012. Replies due by 1/18/2012. Signed by Judge Edward J. Davila on 12/28/2011. (ecg, COURT STAFF) (Filed on 12/28/2011)

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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]
ROBERTA VESPREMI (S.B. #225067)
O’MELVENY & MYERS LLP
2765 Sand Hill Road
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: [phone]
E-Mail:
[e-mail]
EUGENE M. GELERNTER (admitted pro hac vice)
SCOTT B. HOWARD (admitted pro hac vice)
PATTERSON BELKNAP WEBB & TYLER LLP
1133 Avenue of the Americas
New York, New York 10036
Telephone: [phone]
Facsimile: [phone]
E-Mail:
[e-mail]
[e-mail]
Attorneys for Plaintiff
LIFESCAN SCOTLAND, LTD.

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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LIFESCAN SCOTLAND, LTD.,

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Case No. CV11-04494-EJD (PSG)

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STIPULATION AND (PROPOSED)
ORDER TO EXTEND OPPOSITION
AND REPLY DEADLINES FOR
DEFENDANTS INSTACARE CORP.
AND PHARMATECH SOLUTIONS,
INC.’S MOTION FOR JUDGMENT
ON THE PLEADINGS AND
DEFENDANTS SHASTA
TECHNOLOGIES, LLC AND
CONDUCTIVE TECHNOLOGIES,
INC.’S MOTION TO STAY

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[L.R. 6-2(a)]

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Plaintiff,
v.
SHASTA TECHNOLOGIES, LLC, INSTACARE
CORP., PHARMATECH SOLUTIONS, INC., and
CONDUCTIVE TECHNOLOGIES, INC.,

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Defendants.

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STIPULATION TO EXTEND OPPOSITION AND REPLY DEADLINES - CASE NO. CV11-04494-EJD (PSG)

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Plaintiff LifeScan Scotland, Ltd. (“LifeScan”) met and conferred with Defendants Instacare

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Corp. (“Instacare”), Pharmatech Solutions, Inc. (“Pharmatech”), Shasta Technologies, LLC

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(“Shasta”) and Conductive Technologies, Inc. (“Conductive”) regarding the filing deadline for its

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oppositions to Instacare and Pharmatech’s Motion for Judgment on the Pleadings set for hearing on

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March 23, 2012, and Shasta Technologies, LLC (“Shasta”) and Conductive Technologies, Inc.’s

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(“Conductive”) Motion to Stay set for hearing on March 23, 2012 because of the holiday season

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and the death in the family of one of LifeScan’s attorneys responsible for drafting LifeScan’s

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oppositions.

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The parties have agreed to extend the filing deadline of LifeScan’s opposition to Instacare

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and Pharmatech’s Motion for Judgment on the Pleadings from December 28, 2011 to January 6,

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2012.

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The parties have agreed to extend the filing deadline of LifeScan’s opposition to Shasta and
Conductive’s Motion to Stay from December 30, 2011 to January 6, 2012.
Because the extension of the filing deadline for LifeScan’s oppositions, if granted, would

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cause Defendants’ reply briefs to be due on January 13, 2012, the date of the Case Management

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Conference, Defendants requested that LifeScan agree to an extension of the filing deadline for

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their reply briefs.

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The parties have agreed to extend the filing deadline of Instacare and Pharmatech’s reply in
support of their Motion for Judgment on the Pleadings from January 4, 2012 to January 18, 2012.
The parties have agreed to extend the filing deadline of Shasta and Conductive’s reply in
support of their Motion to Stay from January 6, 2012 to January 18, 2012.
LifeScan previously requested a modification of the Scheduling Order (D.E. 33), which was
denied by the Court. No other extensions or modifications have been requested by any party.
The proposed extensions will not affect the hearing date for either motion and will not affect
any date in the Scheduling Order for this matter.

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THEREFORE, the parties through their counsel hereby stipulate and agree as follows:

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1.

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LifeScan’s opposition to the Motion for Judgment on the Pleadings and opposition

to the Motion to Stay shall be filed no later than January 6, 2012; and
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STIPULATION TO EXTEND OPPOSITION AND REPLY DEADLINES - CASE NO. CV11-04494-EJD (PSG)

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2.

Instacare and Pharmatech’s reply in support of their Motion for Judgment on the

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Pleadings and Shasta and Conductive’s reply in support of their Motion to Stay shall be filed no

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later than January 18, 2012.

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IT IS SO STIPULATED.

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Dated: December 27, 2011

O’MELVENY & MYERS LLP

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By:

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/s/ Roberta H. Vespremi______
Roberta H. Vespremi
2765 Sand Hill Road
Menlo Park, California 94025
Telephone: [phone]
Facsimile: [phone]
E-Mail:
[e-mail]

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RICHARD B. GOETZ
O’MELVENY & MYERS LLP
400 South Hope Street
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
E-Mail:
[e-mail]

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EUGENE GELERNTER (admitted pro hac vice)
SCOTT B. HOWARD (admitted pro hac vice)
PATTERSON BELKNAP WEBB & TYLER LLP
1133 Avenue of the Americas
New York, New York 10036
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]

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Attorneys for Plaintiff
LIFESCAN SCOTLAND, LTD.

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Dated: December 27, 2011

WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
By

/s/ Francis J. Torrence_________
Francis J. Torrence

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STIPULATION TO EXTEND OPPOSITION AND REPLY DEADLINES - CASE NO. CV11-04494-EJD (PSG)

RALPH W. ROBINSON
525 Market Street, 17th Floor
San Francisco, California 94105-2725
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]

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JURA C. ZIBAS
150 E. 42nd Street
New York, New York 10017
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Defendants
INSTACARE CORP. and
PHARMATECH SOLUTIONS, INC.

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Dated: December 27, 2011

ROPERS, MAJESKI, KOHN & BENTLEY

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By:

/s/ Robert P. Andris __________
Robert P. Andris

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LAEL E. ANDARA
1001 Marshall Street, Suite 500
Redwood City, California 94063-2052
Telephone:[phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendants
SHASTA TECHNOLOGIES, LLC and
CONDUCTIVE TECHNOLOGIES, INC.
I hereby attest that I have on file written permission to sign this stipulation from all parties
whose signatures are indicated by a “conformed” signature (/s/) within this e-filed document.

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/s/ Roberta H. Vespremi
Roberta H. Vespremi

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STIPULATION TO EXTEND OPPOSITION AND REPLY DEADLINES - CASE NO. CV11-04494-EJD (PSG)

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(PROPOSED) ORDER
It is hereby ORDERED that:
1.

LifeScan’s opposition to the Motion for Judgment on the Pleadings and opposition

to the Motion to Stay shall be filed no later than January 6, 2012; and
2.

Instacare and Pharmatech’s reply in support of their Motion for Judgment on the

Pleadings and Shasta and Conductive’s reply in support of their Motion to Stay shall be filed no
later than January 18, 2012.
IT IS SO ORDERED.

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December 28, 2011
DATED: _______________

________________________
EDWARD J. DAVILA
United States District Judge

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STIPULATION TO EXTEND OPPOSITION AND REPLY DEADLINES - CASE NO. CV11-04494-EJD (PSG)