The opinion of the court was delivered by: Hon. Marilyn H. Patel United States District Court
STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND EXTENDING TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT Trial Date: Not Set
Plaintiffs and Defendants, by and through their respective counsel, hereby stipulate as follows:
WHEREAS, the Complaint in this action was filed on May 8, 2008;
WHEREAS, on June 30, 2008 Plaintiffs moved to relate to this case a civil action currently pending before the Hon. Vaughn R. Walker of this Court, Linda K. Rybkoski v. InterMune, Inc., et al., Case No. CV-08-2916 ("Rybkoski");
WHEREAS, a case management conference in this action is currently scheduled for August 11, 2008;
WHEREAS, certain counsel have scheduling conflicts on that date;
WHEREAS, counsel for all parties have agreed to accommodate those scheduling conflicts by agreeing to request that the case management conference be rescheduled to September 15, 2008;
WHEREAS, the existing deadline for responding to the complaint is August 25, 2008;
WHEREAS, Defendant Genentech, Inc. intends to file a motion to dismiss the Complaint in its entirety, and that motion must follow the case management conference;
WHEREAS, Plaintiff in the Rybkoski action and Defendants have agreed to request that the Court in Rybkoski extend the time in which Defendants shall have to respond to the Complaint in Rybkoski to September 22, 2008.
NOW, THEREFORE, Plaintiffs and Defendants hereby stipulate and request that the case management conference currently scheduled for August 11, 2008 be continued until September 15, 2008;
FURTHERMORE, Plaintiffs and Defendants hereby stipulate and request that the time in which Defendants shall have to respond to the Complaint filed herein be extended to, and 15 including, September 22, 2008.
COBLENTZ, PATCH, DUFFY & ...