Filed: Mar. 25, 2015
Latest Update: Mar. 25, 2015
Summary: STIPULATED REQUEST AND [PROPOSED] ORDER TO SHORTEN TIME FOR AMGEN'S MOTION FOR INJUNCTION PENDING APPEAL RICHARD SEEBORG , District Judge . Pursuant to Civil Local Rule 6-2(a), Plaintiffs Amgen Inc. and Amgen Manufacturing, Limited (together, "Amgen") and Defendant Sandoz Inc. ("Sandoz"), through their undersigned counsel submit the following Stipulated Request and [Proposed] Order to Shorten Time for Amgen's Motion for Injunction Pending Appeal. On March 19, 2015, the Court entered
Summary: STIPULATED REQUEST AND [PROPOSED] ORDER TO SHORTEN TIME FOR AMGEN'S MOTION FOR INJUNCTION PENDING APPEAL RICHARD SEEBORG , District Judge . Pursuant to Civil Local Rule 6-2(a), Plaintiffs Amgen Inc. and Amgen Manufacturing, Limited (together, "Amgen") and Defendant Sandoz Inc. ("Sandoz"), through their undersigned counsel submit the following Stipulated Request and [Proposed] Order to Shorten Time for Amgen's Motion for Injunction Pending Appeal. On March 19, 2015, the Court entered a..
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STIPULATED REQUEST AND [PROPOSED] ORDER TO SHORTEN TIME FOR AMGEN'S MOTION FOR INJUNCTION PENDING APPEAL
RICHARD SEEBORG, District Judge.
Pursuant to Civil Local Rule 6-2(a), Plaintiffs Amgen Inc. and Amgen Manufacturing, Limited (together, "Amgen") and Defendant Sandoz Inc. ("Sandoz"), through their undersigned counsel submit the following Stipulated Request and [Proposed] Order to Shorten Time for Amgen's Motion for Injunction Pending Appeal.
On March 19, 2015, the Court entered an Order on Cross Motions for Judgment on the Pleadings and Denying Amgen's Motion for a Preliminary Injunction (Dkt. No. 105). On March 24, 2015, the parties jointly requested that the Court enter a final judgment as to those claims and counterclaims pursuant to Fed. R. Civ. P. 54(b) (Dkt. No. 106) and also filed a proposed scheduling stipulation (Dkt. No. 106-1). Pursuant to the parties' proposed scheduling stipulation, Amgen will notice an appeal to the Federal Circuit from the Court's denial of its motion for a preliminary injunction and, if the Court enters a Rule 54(b) final judgment, from that judgment as well. The parties have agreed to expedite appellate briefing and to seek to have the Federal Circuit schedule oral argument for its June 2015 oral argument calendar.
On March 24, 2015, Amgen filed its Motion for Injunction Pending Appeal (Dkt. No. 107-5). This motion's briefing schedule is ordinarily governed by Civil Local Rule 7-3. The parties have met and conferred regarding an alternate briefing schedule to expedite resolution of this motion and reached agreement as outlined in the parties' proposed scheduling stipulation (Dkt. No. 106-1). With Sandoz's anticipated commercial launch, the issues raised by Amgen's appeal are time-sensitive, and so too is the question of whether Sandoz will be enjoined pending appeal.
The parties have requested a Court Order for the following stipulated expedited schedule for Amgen's Motion for Injunction Pending Appeal:
Description Proposed Date
Deadline for Sandoz's response 3/31/2015
Deadline for Amgen's reply if any 4/2/2015
Under this agreed schedule, briefing will conclude by April 2, 2015. The parties respectfully request that, should the Court deem a hearing necessary, the Court set the date for such hearing as soon after April 2, 2015 as the Court's schedule will allow.
This stipulated request to shorten time does not affect other deadlines in this case.
Pursuant to Local Rule 6-2(a), the parties hereby request a Court Order shortening the deadlines described above as stipulated by the parties.
ECF ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), I hereby certify that concurrence in the filing of this document has been obtained from each of the other Signatories shown above.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
