Free Stipulation - District Court of California - California

Case 5:08-cv-00133-RMW

Document 73

Filed 04/02/2008

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1 Henry C. Su (SBN 211202; [email protected]) Katharine L. Altemus (SBN 227080; [email protected]) 2 HOWREY LLP 1950 University Avenue, 4th Floor 3 East Palo Alto, California 94303 Telephone: (650) 798-3500 4 Facsimile: (650) 798-3600 5 Robert Ruyak Matthew Wolf 6 Marc Cohn HOWREY LLP 7 1229 Pennsylvania Avenue, NW Washington, DC 20004 8 Telephone: (202) 783-0800 Facsimile: (202) 383-6610 9 Attorneys for Plaintiffs 10 HOLOGIC, INC., CYTYC CORP. and HOLOGIC L.P. 11 12 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C08 00133 RMW (RS) STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR PLAINTIFFS TO RESPOND TO SENORX, INC.'S MOTION TO STRIKE

14 HOLOGIC, INC., CYTYC CORPORATION, and HOLOGIC L.P., 15 Plaintiffs, 16 vs. 17 SENORX, INC., 18 Defendant. 19 20 AND RELATED COUNTERCLAIMS. 21 22 23 24 25 26 27 28
-1Stipulation and [Proposed] Order for Extension of Time Case No. C08 00133 RMW (RS)

Case 5:08-cv-00133-RMW

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STIPULATION The parties, through their respective attorneys of record, hereby stipulate to, and respectfully

3 request that this Court, pursuant to L.R. 6-2 and 7-12, grant Plaintiffs a three day extension of time to 4 respond to Defendant's Objections to and Motion to Strike Certain Portions of the Declaration of 5 Glenn Magnuson in Support of Plaintiff's Motion for Preliminary Injunction (Dkt. No. 51-6). Under a 6 granted extension of time, Plaintiffs' Opposition to Defendant's Motion to Strike would be filed on or 7 before April 10, 2008 instead of April 7, 2008, in conjunction with Plaintiffs' Reply in Support of 8 Plaintiffs' Motion for Preliminary Injunction. Plaintiffs seek this extension of time because they are 9 currently focused on obtaining discovery to be used in the preparation of their Reply. If granted, the 10 proposed modification maintains the standard briefing schedule under the Civil Local Rules for 11 Plaintiffs' Motion for Preliminary Injunction but would allow briefing on an ancillary motion (i.e., 12 Defendant's Motion to Strike) to be completed outside the standard schedule. 13 Other time modifications previously proposed or granted in this case include: (1) the parties

14 jointly stipulated to an extension of time for Defendants to respond to Plaintiffs' initial Complaint; (2) 15 the Court granted Plaintiffs additional time to file an Amended Complaint; (3) the parties jointly 16 stipulated to an extension of time for Defendants to answer or otherwise respond to Plaintiffs' 17 Amended Complaint; (4) the Court modified the briefing schedule for Defendant's Opposition and 18 Plaintiffs' Reply to Plaintiffs' pending Motion for Preliminary Injunction. 19 Dated: April 2, 2008 20 21 22 23 24 25 26 27 28
Stipulation and [Proposed] Order to Extend Time Case No. C08 00133 RMW (RS)

By: /s/Katharine Altemus Katharine Altemus HOWREY LLP 1950 University Avenue, 4th Floor East Palo Alto, California 94303 Telephone: (650) 798-3500 Attorney for Plaintiffs Hologic, Inc., Cytyc Corporation, and Hologic, L.P.

Dated: April 2, 2008

By: /s/ Aaron P. Maurer (w/ permission) Aaron P. Maurer WILLIAMS & CONOLLY LLP 725 Twelfth St. NW Washington DC 20005 Telephone: (202) 434-5000 Attorneys for Defendant SenoRx Inc.
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Case 5:08-cv-00133-RMW

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Filer's Attestation I, Katharine Altemus, am the ECF User whose identification and password are being used

3 to file this Stipulation to Extend Time. Pursuant to General Order No. 45, § X(B), I attest under 4 penalty of perjury that concurrence in the filing of the document has been obtained from Aaron 5 P. Maurer. 6 Dated: April 2, 2008 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
-3Stipulation and [Proposed] Order to Extend Time Case No. C08 00133 RMW (RS)

By: /s/ Katharine Altemus Katharine Altemus

Case 5:08-cv-00133-RMW

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[PROPOSED] ORDER Based on the parties' stipulation, and good cause appearing, it is hereby ordered that the

3 Stipulation to Extend Time for Plaintiffs to Respond to Defendant's Objections to and Motion to Strike 4 Certain Portions of the Declaration of Glenn Magnuson in Support of Plaintiff's Motion for 5 Preliminary Injunction is GRANTED. Plaintiffs shall file their opposition no later than April 10, 2008. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
-4Stipulation and [Proposed] Order to Extend Time Case No. C08 00133 RMW (RS)

IT IS SO ORDERED.

Honorable Ronald M. Whyte United States District Court Judge