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Sandoz Inc. v. Amgen Inc., 3:19-cv-00977-RS. (2019)

Court: District Court, N.D. California Number: infdco20190509a43 Visitors: 16
Filed: May 08, 2019
Latest Update: May 08, 2019
Summary: STIPULATION AND ORDER EXTENDING BRIEFING SCHEDULE FOR AMGEN'S MOTION TO DISMISS RICHARD SEEBORG , District Judge . Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Sandoz Inc. ("Sandoz") and Defendants Amgen Inc. and Amgen Manufacturing, Limited (collectively, "Amgen"), through their undersigned counsel, hereby stipulate as follows: WHEREAS, Amgen filed a Motion to Dismiss (ECF No. 22) on April 24, 2019; WHEREAS, under the existing briefing schedule, Sandoz's opposition to the motion
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STIPULATION AND ORDER EXTENDING BRIEFING SCHEDULE FOR AMGEN'S MOTION TO DISMISS

Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Sandoz Inc. ("Sandoz") and Defendants Amgen Inc. and Amgen Manufacturing, Limited (collectively, "Amgen"), through their undersigned counsel, hereby stipulate as follows:

WHEREAS, Amgen filed a Motion to Dismiss (ECF No. 22) on April 24, 2019;

WHEREAS, under the existing briefing schedule, Sandoz's opposition to the motion to dismiss is due today, May 8, 2019, and Amgen's reply is due May 15, 2019;

WHEREAS, today the Court of Appeals for the Federal Circuit issued its opinion in the appeal from the related cases Amgen Inc. v. Sandoz Inc., Case No. 3:14-cv-04741-RS, and Amgen Inc. v. Sandoz Inc., Case No. 3:16-cv-02581-RS;

WHEREAS, a short extension of the briefing schedule on the motion to dismiss would allow the parties to consider and account for the Federal Circuit opinion before submitting their opposition and reply briefs;

WHEREAS, the parties believe the proposed extension is sufficiently short that it would still provide the Court with sufficient time between the completion of briefing and the hearing on the motion to dismiss;

NOW, THEREFORE, the parties hereby jointly request that the Court extend the time for Sandoz to file its opposition to May 13, 2019 and for Amgen to file its reply to May 20, 2019.

Dated: May 8, 2019. MORRISON & FOERSTER LLP By: /s/Erik J. Olson Erik J. Olson Attorneys for Plaintiff SANDOZ INC. Dated: May 8, 2019. PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP By: /s/Nicholas Groombridge Nicholas Groombridge Attorneys for Defendants AMGEN INC. and AMGEN MANUFACTURING, LIMITED

SIGNATURE 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. Dated: May 8, 2019.

Dated: May 8, 2019 By: /s/Erik J. Olson Erik J. Olson

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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