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Uvo Research Inc., N Nuvo Research Ag v. Dr. Michael S. Mcgrath

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


December 6, 2011

UVO RESEARCH INC., N NUVO RESEARCH AG,
PLAINTIFFS,
v.
DR. MICHAEL S. MCGRATH,
DEFENDANT.

The opinion of the court was delivered by: Hon. Saundra Brown Armstrong United States District Judge

JOINT STIPULATION AND ORDER TO EXTEND THE BRIEFING SCHEDULE ON DEFENDANT'S MOTION TO DISMISS

Northern District of California, Plaintiffs Nuvo Research Inc. and Nuvo Research AG 3 Pursuant to Civil Local Rules 6-1(b), 6-2, and 7-12 of the Federal District for the (collectively, "Plaintiffs"), and Defendant Dr. Michael S. McGrath ("Defendant"), by and through 4 their counsel, submit this Joint Stipulation and Proposed Order Extending the Briefing Schedule 5 on Defendant's Motion to Dismiss the Second through Fourth Causes of Action of Plaintiffs' 6 Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (the "Motion to Dismiss"), scheduled to be heard 7 on March 27, 2012. Pursuant to Civil Local Rules 6-2 and 7-12, the Parties in the above 8 referenced action hereby stipulate as follows:

30, 2011, December 2, 2011, and December 5, 2011 regarding the deadlines for Plaintiffs' 11 opposition to the Motion to Dismiss and Defendant's reply, respectively; 12 Plaintiffs' time to file an opposition to the Motion to Dismiss shall be extended to and including 14 WHEREAS Plaintiffs and Defendant further stipulate, subject to the Court's 16 approval, that Defendant's time to file a reply in support of its Motion to Dismiss shall be 17 extended to and including January 31, 2012; and 18 19 scheduled for March 27, 2012 or the case schedule; 20 21 attorneys of record, subject to the approval of the Court, that: 22 23 and including January 17, 2012; 24 25 extended to and including January 31, 2012. 26

WHEREAS counsel for the Parties met and conferred by telephone on November 10 WHEREAS Plaintiffs and Defendant stipulate, subject to the Court's approval, that 13 January 17, 2012; 15

WHEREAS the requested time modification will have no effect on the Hearing

IT IS THEREFORE STIPULATED by and between the Parties, through their respective 1. Plaintiffs' time to file an opposition to the Motion to Dismiss shall be extended to 2. Defendant's time to file a reply in support of its Motion to Dismiss shall be

SO STIPULATED. 2

Dated: December 5, 2011 SIMPSON THACHER & BARTLETT LLP 3 4 By: /s/ Harrison J. Frahn IV Harrison J. Frahn IV Attorneys for Plaintiffs NUVO RESEARCH INC. AND NUVO RESEARCH AG Dated: December 5, 2011 FENWICK & WEST LLP 10 11 By: /s/ Carolyn Chang Carolyn Chang Attorneys for Defendant DR. MICHAEL S. MCGRATH

ORDER EXTENDING THE BRIEFING SCHEDULE ON

DEFENDANT'S MOTION TO DISMISS

2

Pursuant to the stipulation of the Parties, Plaintiffs' time to respond to the Motion 3 to Dismiss in this action shall be extended to and including January 17, 2012, and Defendant's 4 time to file a reply in support of its Motion to Dismiss shall be extended to and including January 5 31, 2012.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

20111206

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