Free Stipulation and Order - District Court of California - California

Case 3:07-cv-02845-WHA

Document 41

Filed 10/29/2007

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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,

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

STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO SEEK LEAVE FOR PLEADING AMENDMENTS Case No. 07-CV-02845 WHA pa-1203916

Case 3:07-cv-02845-WHA

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Filed 10/29/2007

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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 25, 2007

STIPULATION WHEREAS major fires in San Diego, California have required the evacuation of all persons from many homes and offices in San Diego County; and WHEREAS these fires have resulted in the closure and evacuation of the San Diego office of counsel for Plaintiff Applera Corporation ­ Applied Biosystems Group ("AB") for the entire week of October 22; and WHEREAS this closure and evacuation has prevented counsel for AB, over half of whom are resident in the San Diego office, from completing the necessary analysis and work to finalize its amended pleadings; and WHEREAS these fires have also affected Defendant Illumina, Inc. ("Illumina"), whose corporate headquarters are in San Diego, and prevented Illumina's in-house counsel, who has ultimate authority for the management of this litigation on behalf of Illumina, from determining whether to stipulate to proposed amendments of AB's pleadings, THEREFORE, the parties hereby stipulate to extend the deadline for seeking leave to amend pleadings in the above-referenced action from October 25, 2007 to October 31, 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

STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO SEEK LEAVE FOR PLEADING AMENDMENTS Case No. 07-CV-02845 WHA pa-1203916

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Case 3:07-cv-02845-WHA

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Filed 10/29/2007

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Dated: October 25, 2007

MARSHALL, GERSTEIN & BORUN LLP

By:

/s/ John R. Labbe John R. Labbe

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

Dated: October 25, 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 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 25, 2007

/s/ Eric C. Pai

[PROPOSED] ORDER
UNIT ED

PURSUANT TO STIPULATION, IT IS SO ORDERED. October 29 Dated: ____________________, 2007

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United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO SEEK LEAVE FOR PLEADING AMENDMENTS Case No. 07-CV-02845 WHA pa-1203916

NO

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