Abaxis, Inc. v. Cepheid
Filing
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ORDER by Judge Lucy H. Koh granting 213 Stipulation (lhklc4, COURT STAFF) (Filed on 8/17/2012)
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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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ABAXIS, INC.,
PlaintiffCounterdefendant,
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Case No. C 10-2840 LHK (HRL)
STIPULATION AND [PROPOSED] ORDER
EXTENDING DEADLINE TO FILE JOINT
PRE-TRIAL STATEMENT
v.
CEPHEID,
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DefendantCounterclaimant.
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Pursuant to Civil Local Rules 6-1, 6-2, and 7-12 Plaintiff-Counterdefendant Abaxis Inc.
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(“Abaxis”) and Defendant-Counterclaimant Cepheid (“Cepheid”) respectfully submit the
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following Stipulation and Proposed Order:.
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WHEREAS, the Court ordered the parties to file a Joint Pre-Trial Statement on August 15,
2012;
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WHEREAS, the Joint Pre-Trial Statement is being filed this morning, August 16, 2012;
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WHEREAS, the parties in good faith attempted to reach agreement on as many issues as
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possible in order to streamline issues to be presented to the Court and the jury for trial;
WHEREAS, any delay in filing was caused by continued discussions between the parties
on areas of potential agreement that would streamline the case;
WHEREAS, these discussions continued past 9pm yesterday, and have in fact resulted in
further agreements on issues such as the use of exemplar products in the case;
WHEREAS, the parties apologize for the delay and respectfully request entry of the joint
pre-trial statement;
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WHEREAS, the previous time modifications in this case include the Stipulation and Order
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Extending (1) Cepheid’s Time to File Its Answer and Amended Counterclaims to Amended
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COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO
STIPULATION AND [PROPOSED] ORDER
EXTENDING DEADLINE TO FILE
CASE NO. CV 10-2840 LHK (HRL)
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Complaint, and (2) Abaxis’ Time to File Its Response to Counterclaims (Dkt. No. 28), the
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Stipulation and Order Modifying Case Schedule (Dkt. No. 31); the Stipulation and Order
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Continuing Hearing and Case Management Conference (Dkt. No. 38); the Minute Order and Case
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Management Order (Dkt. No. 44); the Stipulation and Order Extending Deadlines for Mediation
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and Joint Case Management Statement (Dkt. No. 65); the Order Regarding Case Schedule and
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Briefing of Motion to Dismiss (Dkt. No. 67); the Minute Order and Case Management Order
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(Dkt. No. 84); the Stipulation and Order Extending Time for Abaxis to Respond to Cepheid’s
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Motion for Partial Summary Judgment (Dkt. No. 90); the Minute and Order and Case
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Management Order (Dkt. No. 110); the Minute Order and Case Management Order (Dkt. No.
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133); the Order re Expediting Briefing Schedule (Dkt. No. 145); Order Modifying Schedule for
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Expert Reports (Dkt. No. 162); Order Modifying Schedule for Expert Deposition (Dkt. No. 167);
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and Case Management Order (Dkt. No. 199);
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WHEREAS, the delay will not affect any other filing deadline or hearing date;
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NOW, THEREFORE, the parties stipulate to an extension of the deadline to file and entry
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of the Joint Pre-Trial Statement.
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IT IS SO STIPULATED.
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Dated: August 16, 2012
Dated: August 16, 2012
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COOLEY LLP
FISH & RICHARDSON PC
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/s/ Ricardo Rodriguez
Ricardo Rodriguez (Bar No. 173003)
Bryan J. Boyle (Bar No. 253725)
Lam K. Nguyen (Bar No. 265285)
Attorneys for Plaintiff and Counterdefendant
ABAXIS INC.
/s/ Steven Carlson
Steven Carlson (Bar No. 206451)
Limin Zheng (Bar No. 226875)
Attorneys for Defendant and Counterclaimant
CEPHEID
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COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO
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STIPULATION AND [PROPOSED] ORDER
EXTENDING DEADLINE TO FILE
CASE NO. CV 10-2840 LHK (HRL)
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FILER’S ATTESTATION PURSUANT TO L.R. 5-1(i)(3)
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I, Ricardo Rodriguez, attest that concurrence in the filing of this Stipulation Extending
Deadline to File Joint Pre-Trial Statement has been obtained from each of the other signatories.
Executed this 16th day of August, 2012, at Palo Alto, California.
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/s/ Ricardo Rodriguez
Ricardo Rodriguez
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COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO
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STIPULATION AND [PROPOSED] ORDER
EXTENDING DEADLINE TO FILE
CASE NO. CV 10-2840 LHK (HRL)
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[PROPOSED] ORDER
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Pursuant to the stipulation of the parties and good cause appearing therefore;
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated:
August 17, 2012
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Honorable Lucy H. Koh
United States District Judge
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COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO
3.
STIPULATION AND [PROPOSED] ORDER
EXTENDING DEADLINE TO FILE
CASE NO. CV 10-2840 LHK (HRL)
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