Free Motion to Shorten Time - District Court of California - California

Case 3:07-cv-02385-PJH

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Filed 02/19/2008

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Behrooz Shariati (State Bar No. 174436) [email protected] JONES DAY Silicon Valley Office 1755 Embarcadern Road Palo Alto, CA 94303 Telephone: 650-739-3939 Facsimile: 650-739-3900 Attorneys for Plaintiff NORDIC NATGRALS, INC

UNITED STATES DISTRICT COURT NORTHEW DISTRICT OF CALIFORNIA

NORDIC NATURALS, INC., Plaintiff,
v.

Case No. C-07-02385 PJH PLAINTIFF NORDIC NATURALS, INC.'S MOTION TO SHORTEN TIME PURSUANT TO LOCAL RULE 6-3

J.R. CARLSON LABORATORIES, INC. and METAGENICS, INC.,
Defendants.

Pursuant to Local Rule 6-3, Plaintiff Nordic Naturals: Inc. ("Nordic") hereby moves to shorten the time for the briefing and hearing of Nordic's Motion to Strike Defendants' Declaration of Donald R. Steele,

Case 3:07-cv-02385-PJH

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Filed 02/19/2008

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w e k . An attenuated schedule is required to bring closure to this issue prior to h'ordic's filing. Nordic's counsel at Jones Day attempted to reach opposing counsel \iia telephone and ernail today to secure a stipulation to xxithdrakv the declaration, or alternatixely to secure a stipulation with respect to the shortened schedule. Opposing counsel returned our email, and our call, indicating that there were not interested in either stipulation. Due to the exigency of the situation, Nordic now mo\ies for a shortened time for the motion to strike be heard. -4s indicated aboxe, Nordic's response is due in less than a week. As more full) discussed in Nordic's Motion to Strike. Nordic has been severely prejudiced by Defendants' last-minute inclusion of the proffered evidence. Nordic requests that its Motion to Strike be heard prior to its filing. so that it can properly focus on its reply brief, as contemplated by the Local Rules and the Court's previously entered scheduling order. Nordic should not be required to conduct discovery on this issue while drafting its reply. The parties are still on schedule per the Court's scheduling order and Nordic wishes to remain so. If this motion is not heard prior to Nordic's filing of its reply, the schedule may need to slip to accommodate additional discovery by Nordic necessitated bq Defendants' improper inclusion of the Steele Declaration. By hearing this motion this week, the Court will allow Nordic to properly focus on its reply, and will avoid subsequent unnecessary discovery and scheduling issues. The issues in Nordic's Motion to Strike are singular and limited in scope. The parties should hate no problem completing the briefing by tomonow. February 20,2008. Therefore, Nordic requests that Defendants be required to file any objections to the onic hearing at i

Case 3:07-cv-02385-PJH

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Filed 02/19/2008

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Dated: February 19,2008

Respectfully submitted, Jones Day

By: is1 Behrooz Shariati Behrooz Shariati Counsel for Plaintiff
SVi-55 133