Opinion
Case No.: 3:12-cv-06292 SC
03-04-2013
APHENA PHARMA SOLUTIONS - MARYLAND, LLC, Plaintiff, v. BIOZONE LABORATORIES, INC., et al., Defendants.
ADRIENE PLESCIA LYNCH (State Bar No. 259100) ALSTON & BIRD LLP ANDREW BENJAMIN KAY (DC Bar No. 463912) (admitted pro hac vice ) KELLEY CONNOLLY BARNABY (DC Bar No. 998757) (admitted pro hac vice ) ALSTON & BIRD LLP Attorneys for Plaintiff APHENA PHARMA SOLUTIONS - MARYLAND, LLC
ADRIENE PLESCIA LYNCH (State Bar No. 259100)
ALSTON & BIRD LLP
ANDREW BENJAMIN KAY (DC Bar No. 463912) (admitted pro hac vice)
KELLEY CONNOLLY BARNABY (DC Bar No. 998757) (admitted pro hac vice)
ALSTON & BIRD LLP
Attorneys for Plaintiff
APHENA PHARMA SOLUTIONS - MARYLAND, LLC
Honorable Samuel Conti
STIPULATION AND [PROPOSED]
ORDER SELECTING ADR
PROCESS PURSUANT TO CIVIL
L.R. 16-8 and ADR L.R. 3-5
TO THE HONORABLE SAMUEL CONTI:
Counsel report that they have met and conferred regarding ADR and have reached the following stipulation pursuant to Civil L.R. 16-8 and ADR L.R. 3-5:
The parties agree to participate in the following ADR process:
Court Processes:
_____ Non-binding Arbitration (ADR L.R. 4)
_____ Early Neutral Evaluation (ENE) (ADR L.R. 5)
_____ Mediation (ADR L.R. 6)
(Note: Parties who believe that an early settlement conference with a Magistrate Judge is appreciably more likely to meet their needs than any other form of ADR, must participate in an ADR phone conference and may not file this form. They must instead file a Notice of Need for ADR Phone Conference. See Civil Local Rule 16-8 and ADR L.R. 3-5.)
Private Process:
__X__ Private ADR (please identify process and provider) The parties have agreed in principle to appear before a private mediator, but have not yet agreed on a particular mediator. The parties are continuing to work together to finalize their agreement and to identify a mediator with availability and the requisite experience.
The parties agree to hold the ADR session by:
_____X_____ the presumptive deadline (The deadline is 90 days from the date of the order referring the case to an ADR process unless otherwise ordered.)
_____ other requested deadline of _____, 2013.
Respectfully submitted,
ANDREW BENJAMIN KAY
KELLEY CONNOLLY BARNABY
ADRIENE PLESCIA LYNCH
ALSTON & BIRD LLP
____________________
Adriene Plescia Lynch
Attorney for Plaintiff
Aphena Pharma Solutions-Maryland, LLC
RICHARD WILLIAMS
GRAY DUFFY, LLP
____________________
Richard Williams
Attorney for Defendant Daniel Fisher
ROBERT WALLACE
WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP
____________________
Robert Wallace
Attorney for Defendants BioZone Laboratories, Inc.
and BioZone Pharmaceuticals, Inc.
[PROPOSED] ORDER
X The parties' stipulation is adopted and IT IS SO ORDERED. _____ The parties' stipulation is modified as follows, and IT IS SO ORDERED.
____________________
HONORABLE SAMUEL CONTI