UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION
June 18, 2010
ALEURONE CORPORATION PLAINTIFF,
VENTRIA BIOSCIENCE, INCORPORATED DEFENDANT.
FOURTH STIPULATION AND ORDER TO EXTEND TIME TO FILE ANSWER AND TO MOVE HEARING ON PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION
Defendant Ventria Bioscience, Incorporated ("Ventria") and plaintiff Aleurone Corporation ("Aleurone") hereby stipulate and agree as follows:
WHEREAS, Ventria's opposition to Aleurone's motion for a preliminary injunction is due June 25, 2020, and Ventria's Answer is currently due June 23, 2010;
WHEREAS, a hearing on Aleurone's motion for a preliminary injunction is currently scheduled for July 9, 2010;
WHEREAS, three prior extensions have been sought or obtained to date by the parties as to these matters;
WHEREAS, the parties continue to be actively engaged in settlement negotiations and are making progress towards a settlement, but have not yet been able to finalize an agreement; and
WHEREAS, the parties have met and conferred and desire to continue the hearing on Aleurone's motion for a preliminary injunction and to extend the deadlines for the related briefs and for the filing of Ventria's Answer;
THEREFORE, the parties stipulate and agree as follows:
1. The deadline for Ventria to file its Answer shall be extended to August 6, 2010 (44 days);
2. The hearing on Aleurone's motion for a preliminary injunction shall be continued to August 20, 2010 (42 days);
3. The deadline for Ventria to file its opposition to Aleurone's motion for a preliminary injunction shall be August 6, 2010;
4. The deadline for Aleurone to file its reply brief in support of its motion for a preliminary injunction shall be August 13, 2010, as provided for in the Court's rules, based upon the new hearing date; and
5. The parties shall promptly notify the Court if they enter into a settlement agreement.
IT IS SO STIPULATED
Dated: June 18, 2010
KEKER & VAN NEST LLP JEFFREY R. CHANIN MATTHIAS A. KAMBER MATAN SHACHAM Attorneys for Defendant VENTRIA BIOSCIENCE, INC.
FOLEY & LARDNER LLP By: George C. Best (as authorized on June 18, 2010) MICHAEL J. SONG GEORGE C. BEST MELINDA LEVITT Attorneys for Plaintiff ALEURONE CORPORATION
IT IS SO ORDERED.
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