UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
December 10, 2009
CELLECTRICON AB AND GYROS AB PLAINTIFFS,
FLUXION BIOSCIENCES, INC., ET AL. DEFENDANTS.
The opinion of the court was delivered by: Ronald M. Whyte United States District Court Judge
STIPULATION AND  ORDER RE EXTENSION OF TIME FOR PLAINTIFFS TO FILE FIRST AMENDED COMPLAINT AND DEFENDANT'S RESPONSE
Pursuant to Civil Local Rule 7-12, Plaintiffs Cellectricon AB and Gyros AB ("Plaintiffs") and Defendant Fluxion Biosciences, Inc. ("Defendant"), through their respective counsel, (where appropriate Plaintiffs and Defendant are referred to as the "Parties") stipulate as follows and respectfully request that the Court enter the following Proposed Order:
WHEREAS the Parties have previously stipulated and this Court has ordered that Plaintiffs may file a First Amended Complaint ("FAC") on November 23, 2009;
WHEREAS Plaintiff Cellectricon has a new chief executive officer who has assumed her responsibilities within the past thirty days;
WHEREAS Fluxion has proposed providing written information to Plaintiffs within the next thirty days to allow the Parties to informally discuss and explore the settlement of the claims involved in this litigation within the next sixty days;
WHEREAS the Parties wish to informally explore settlement within the next 60 days which discussions will be facilitated by an extension of time for Plaintiffs to file the FAC;
ACCORDINGLY, IT IS HEREBY STIPULATED AND AGREED by the parties to this action, by and through their respective counsel of record, and subject to the approval of the Court:
1. The time for Plaintiffs to file the First Amended Complaint shall be extended sixty days to January 25, 2010 and the FAC shall be served on counsel for Defendant on January 25, 2010;
2. Defendant shall respond to the First Amended Complaint within ten days of service on its counsel on February 5, 2010;
3. The Parties shall informally meet to discuss settlement within the next 60 days.
Dated: November 13, 2009
Dated: November 23, 2009
I hereby attest that I have been authorized by Eric L. Wesenberg to execute on his behalf this Stipulation and [Proposed] Order Re Amended Complaint. Executed on this 23th day of November, 2009, at San Francisco, California.
Kenneth E. Keller
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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