Free Stipulation - District Court of California - California

Case 3:07-cv-02845-WHA

Document 42

Filed 10/31/2007

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BRYAN WILSON (CA BAR NO. 138842) ERIC C. PAI (CA BAR NO. 247604) MORRISON & FOERSTER LLP 755 Page Mill Road Palo Alto, California 94304-1018 Telephone: 650.813.5600 Facsimile: 650.494.0792 E-Mail: [email protected] E-Mail: [email protected] DAVID C. DOYLE (CA SBN 70690) STEVEN E. COMER (CA SBN 154384) ANDERS T. AANNESTAD (CA SBN 211100) MORRISON & FOERSTER LLP 12531 High Bluff Drive, Suite 100 San Diego, California 92130-2040 Telephone: 858.720.5100 Facsimile: 858.720.5125 E-Mail: [email protected] E-Mail: [email protected] E-Mail: [email protected] Attorneys for Plaintiff APPLERA CORPORATION ­ APPLIED BIOSYSTEMS GROUP UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

APPLERA CORPORATION ­ APPLIED BIOSYSTEMS GROUP, a Delaware corporation, Plaintiff,

Case No.

07-CV-02845 WHA

20 v. 21 22 23 Defendants. 24 25 26 27 28 ILLUMINA, INC., a Delaware corporation, SOLEXA, INC., a Delaware corporation, and STEPHEN C. MACEVICZ, an individual,

FURTHER STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO SEEK LEAVE FOR PLEADING AMENDMENTS

FURTHER STIP AND [PROPOSED] ORDER TO EXTEND TIME TO SEEK LEAVE FOR PLEADING AMENDMENTS Case No. 07-CV-02845 WHA pa-1205444

Case 3:07-cv-02845-WHA

Document 42

Filed 10/31/2007

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: October 31, 2007

STIPULATION WHEREAS the parties have previously sought one extension of time for the plaintiff to file amended pleadings because of office closures and other disruptions due to fires in the San Diego area; and WHEREAS the offices have reopened, but the parties have not had a full opportunity to discuss amendments that the plaintiff has proposed; and WHEREAS the proposed pleading amendments sought by the parties would expand the issues in this litigation; and WHEREAS the parties would like to engage in further discussions that may obviate the need for these pleading amendments or narrow their scope; and WHEREAS for the reasons stated above, the parties are not presently in a position to determine whether to stipulate to these pleading amendments; and WHEREAS the parties believe that an additional week will be sufficient to allow them to determine whether these pleading amendments will be necessary or can be avoided, THEREFORE, the parties hereby stipulate to extend the deadline for seeking leave to amend pleadings in the above-referenced action from October 31, 2007 to November 7, 2007 and respectfully request that the Court enter the attached proposed order extending the deadline accordingly. This extension of time will not alter or affect any other dates or deadlines in this action. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. MORRISON & FOERSTER LLP

By:

/s/ Eric C. Pai Eric C. Pai

Attorneys for Plaintiff APPLERA CORPORATION ­ APPLIED BIOSYSTEMS GROUP

FURTHER STIP AND [PROPOSED] ORDER TO EXTEND TIME TO SEEK LEAVE FOR PLEADING AMENDMENTS Case No. 07-CV-02845 WHA pa-1205444

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Case 3:07-cv-02845-WHA

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Filed 10/31/2007

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Dated: October 31, 2007

MARSHALL, GERSTEIN & BORUN LLP

By:

/s/ John R. Labbe John R. Labbe

Attorneys for Defendants ILLUMINA, INC. and SOLEXA, INC.

Dated: October 31, 2007

TECHNOLOGY & INTELLECTUAL PROPERTY STRATEGIES GROUP PC

By:

/s/ Basil P. Fthenakis Basil P. Fthenakis

Attorneys for Defendant STEPHEN C. MACEVICZ

I, Eric C. Pai, am the ECF User whose ID and password are being used to file this FURTHER STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO SEEK LEAVE FOR PLEADING AMENDMENTS. In compliance with General Order 45, X.B., I hereby attest that John R. Labbe and Basil P. Fthenakis have concurred in this filing.

Date: October 31, 2007

/s/ Eric C. Pai

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: ____________________, 2007 WILLIAM H. ALSUP United States District Judge

FURTHER STIP AND [PROPOSED] ORDER TO EXTEND TIME TO SEEK LEAVE FOR PLEADING AMENDMENTS Case No. 07-CV-02845 WHA pa-1205444

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