Gilead Sciences, Inc. v. Merck & Co, Inc. et al

Filing 429

ORDER REGARDING 427 BRIEFING DEADLINE ON MOTION FOR ATTORNEYS' FEES. Signed by Judge Beth Labson Freeman on 6/17/2016. (blflc3S, COURT STAFF) (Filed on 6/17/2016)

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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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GILEAD SCIENCES, INC.,

Case No. 13-cv-04057-BLF

Plaintiff,
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v.
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MERCK & CO, INC., et al.,
Defendants.

ORDER REGARDING BRIEFING
DEADLINE ON MOTION FOR
ATTORNEYS’ FEES
[Re: ECF 427]

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United States District Court
Northern District of California

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Before the Court is the parties’ joint stipulation to extend the briefing deadline on Gilead’s

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motion for attorneys’ fees. Under the Civil Local Rules, Gilead’s motion is due June 20, Merck’s

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opposition is due July 5, and Gilead’s reply is July 12. According to the parties’ request, the

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parties seek to extend the briefing schedule because Gilead needs more time to collect supporting

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documentation. The parties propose having Gilead’s motion due on July 14, Merck’s opposition

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due on August 26, and Gilead’s reply due on September 16.

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While the parties have provided a reason for extending the deadline to the file the opening

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motion, the proffered reason does not warrant a more than 3 week extension. The parties have also

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not provided any reason for extending the deadlines to file the opposition and reply briefs.

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Accordingly, the Court DENIES the parties’ stipulation. The Court will allow the parties to file

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any motions for attorneys’ fees on the same schedule as any potential post-judgment motions

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under Fed. R. Civ. P. 50(b), 52(b), and 59. Accordingly, the opening brief on any attorneys’ fees

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motion must be filed no later than 28 days after judgment was entered. Any opposition is due 14

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days after the opening brief and any reply is due 7 days after the opposition.

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IT IS SO ORDERED.
Dated: June 17, 2016
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BETH LABSON FREEMAN
United States District Judge