Aleurone Corporation. v. Ventria Bioscience, Incorporated

Filing 30

STIPULATION and ORDER 29 , signed by Judge Frank C. Damrell, Jr., on 5/27/10: The DDL for Ventria to file its Answer is EXTENDED to 6/23/10. The hearing on Aleurone's motion for a preliminary injunction is CONT'D to 7/9/10. The DDL for Ve ntria to file its opposition to Aleurone's motion for a prelim injunction IS 6/25/10. The DDL for Aleurone to file its reply brief in support of its motion for a prelim injunction IS 7/2/10. The parties SHALL promptly notify the Court if they enter into a settlement agreement.(Kastilahn, A)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FOLEY & LARDNER LLP 555 SOUTH FLOWER STREET, SUITE 3500 LOS ANGELES, CA 90071-2411 TELEPHONE: 213.972.4500 FACSIMILE: 213.486.0065 MICHAEL SONG (CA BAR NO. 243,675) msong@foley.com FOLEY & LARDNER LLP 975 PAGE MILL RD PALO ALTO, CA 94304 TELEPHONE: 650.856.3700 FACSIMILE: 650.856.3710 GEORGE C. BEST (CA BAR NO. 255,555) gbest@foley.com FOLEY & LARDNER LLP 3000 K STREET, N.W., SUITE 3500 WASHINGTON, DC 20007-5109 TELEPHONE: 202.672.5300 FACSIMILE: 202.672.5399 MELINDA LEVITT (PRO HAC VICE) mlevitt@foley.com Attorneys For Plaintiff ALEURONE CORPORATION KEKER & VAN NEST LLP JEFFREY R. CHANIN- #103649 MATTHIAS KAMBER - #232147 MATAN SHACHA - #262348 710 Sansome Street San Francisco, CA 94111-1704 Telephone: (415) 391-5400 Facsimile: (415) 397-7188 Attorneys for Defendant VENTRIA BIOSCIENCE, INC. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION ALEURONE CORPORATION Plaintiff, v. VENTRIA BIOSCIENCE, INCORPORATED Defendant. Case No: 2:10-CV-00501-FCD-KJM THIRD STIPULATION AND ORDER TO EXTEND TIME TO FILE ANSWER AND TO MOVE HEARING ON PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION PAGE 1 SVCA_360930.1 CASE NO.: 2:10-CV-00501-FCD-KJM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 days); Defendant Ventria Bioscience, Incorporated ("Ventria") and plaintiff Aleurone Corporation ("Aleurone") hereby stipulate and agree as follows: WHEREAS, Ventria's opposition to Aleurone's motion for a preliminary injunction is due June 1, 2010, and Ventria's Answer is currently due June 2, 2010; WHEREAS, a hearing on Aleurone's motion for a preliminary injunction is currently scheduled for June 18, 2010; WHEREAS, only two prior extensions have been sought and obtained to date by the parties as to these matters; WHEREAS, the parties are actively engaged in settlement negotiations and believe that they are close to resolving this dispute; and WHEREAS, the parties have met and conferred and desire to continue the hearing on Aleurone's motion for a preliminary injunction and to extend the deadlines for the related briefs and for the filing of Ventria's Answer; THEREFORE, the parties stipulate and agree as follows: 1. The deadline for Ventria to file its Answer shall be extended to June 23, 2010 (21 2. The hearing on Aleurone's motion for a preliminary injunction shall be continued to July 9, 2010 (21 days); 3. The deadline for Ventria to file its opposition to Aleurone's motion for a preliminary injunction shall be June 25, 2010; 4. The deadline for Aleurone to file its reply brief in support of its motion for a preliminary injunction shall be July 2, 2010, as provided for in the Court's rules, based upon the new hearing date; and 5. agreement. /// /// /// PAGE 2 CASE NO.: 2:10-CV-00501-FCD-KJM The parties shall promptly notify the Court if they enter into a settlement SVCA_360930.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO STIPULATED Dated: May 27, 2010 KEKER & VAN NEST LLP By: /s/ Matthias Kamber JEFFREY R. CHANIN MATTHIAS KAMBER MATAN SHACHAM Attorneys for Defendant VENTRIA BIOSCIENCE, INC. Dated: May 27, 2010 FOLEY & LARDNER LLP By: /s/ George C. Best (as authorized on May 27, 2010) MICHAEL J. SONG GEORGE C. BEST MELINDA LEVITT Attorneys for Plaintiff ALEURONE CORPORATION IT IS SO ORDERED. Dated: May 27, 2010 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE PAGE 3 SVCA_360930.1 CASE NO.: 2:10-CV-00501-FCD-KJM

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