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Jasin v. Vivus, Inc.

United States District Court, Ninth Circuit, California, N.D. California, San Jose Division
Aug 25, 2015
5:14-CV-03263 BLF (N.D. Cal. Aug. 25, 2015)

Opinion

          Norman J. Blears, SIDLEY AUSTIN LLP, Palo Alto, California, Robin E. Wechkin (admitted pro hac vice), SIDLEY AUSTIN LLP, Seattle, Washington, Counsel for Defendants.

          Rosemary M. Rivas, Finkelstein Thompson LLP, San Francisco, CA, L. Kendall Satterfield, Michael G. McClellan, Rosalee B.C. Thomas, Finkelstein Thompson LLP, Washington, D.C., Counsel for Plaintiffs.


          STIPULATION AND [PROPOSED] ORDER REGARDING RESPONSE TO SECOND AMENDED COMPLAINT

          BETH LABSON FREEMAN, District Judge.

         STIPULATION

         WHEREAS:

         1. On June 18, 2015, this Court issued an order granting defendants' motion to dismiss plaintiffs' first amended complaint and granting plaintiffs leave to file a second amended complaint by August 14, 2015. (Docket No. 30)

         2. Plaintiffs accordingly filed their second amended complaint on August 14, 2015. (Docket No. 32)

         3. Defendants expect that they will respond to the second amended complaint by again moving to dismiss.

         4. The briefing on defendants' motion to dismiss may be complex. The parties wish to ensure that they have sufficient time to brief the issues in a way that will provide optimal assistance to the Court.

         THE PARTIES THEREFORE STIPULATE AS FOLLOWS:

         1. Defendants' response to the second amended complaint should be filed on or before October 2, 2015.

         2. In the event that defendants' response is a motion to dismiss, plaintiffs' opposition to that motion should be filed on or before November 20, 2015, and defendants' reply in support of the motion should be filed on or before December 15, 2015.

         3. A hearing on defendants' motion to dismiss the second amended complaint should be scheduled at the Court's direction, and on a date of the Court's choosing after January 1, 2016.

         [PROPOSED] ORDER

         Pursuant to the parties' stipulation above, the Court orders as follows:

         1. Defendants' response to plaintiffs' second amended complaint is due October 2, 2015.

         2. In the event defendants respond to the second amended complaint moving to dismiss, plaintiffs' opposition to that motion is due November 20, 2015 and defendants' reply is due December 15, 2015.

         3. Defendants shall reserve a hearing date on any motion to dismiss pursuant to the procedures set forth in the Court's standing order.

         IT IS SO ORDERED.


Summaries of

Jasin v. Vivus, Inc.

United States District Court, Ninth Circuit, California, N.D. California, San Jose Division
Aug 25, 2015
5:14-CV-03263 BLF (N.D. Cal. Aug. 25, 2015)
Case details for

Jasin v. Vivus, Inc.

Case Details

Full title:MARY JANE JASIN and THOMAS JASIN, Plaintiffs, v. VIVUS, INC., LELAND F…

Court:United States District Court, Ninth Circuit, California, N.D. California, San Jose Division

Date published: Aug 25, 2015

Citations

5:14-CV-03263 BLF (N.D. Cal. Aug. 25, 2015)