SUSAN ILLSTON, District Judge
[PROPOSED] ORDER
It is hereby ordered that the hearing on Plaintiff's Motion to Dismiss in this matter shall be heard on ____________________ at __________.
EXHIBIT A
July 16, 2007 Via Facsimile and email Mr. Naoshi Kono Nofil Corporation 601 Athlete-Town 6-4-1 Yokoyama Sagamihara-city, Kanagawa 229-1122 Japan Re: Oculus Innovative Sciences, Inc., v. Nofil Corp. United States District Court, Northern District of California Case No. 3:06-cv-01686-SI Dear Mr. Kono,
This letter follows up on mine of July 6, 2007 regarding your failure to provide discovery responses in this matter. Regrettably, Oculus will be forced to file a Motion to Compel and for Sanctions on Wednesday of this week. We write to ask that you stipulate to a hearing date of Friday, August 10, 2007, with your Opposition (if any) due on August 3, 2007 and our Reply due on Tuesday, August 7, 2007.
Please also advise whether you will stipulate to the same hearing and briefing schedule for our Motion to Dismiss, filed on July 2, 2007, which is currently set for hearing on September 7, 2007. This will allow us both the benefit of knowing what issues we will need to brief in dispositive motions, currently due on August 31, 2007.
I look forward to your response to this request as soon as possible. July 25, 2007 Judge Illston will not advance the motion to Via ECF dismiss but will extend the filing deadlines for the motion for summary judgment by a month. Honorable Susan Illston United States District Court Northern District of California Courtroom 10 450 Golden Gate Ave. San Francisco, CA 94102 Re: Oculus Innovative Sciences, Inc., v. Nofil Corp. United States District Court, Northern District of California Case No. 3:06-cv-01686-SI Request to Shorten Time for Hearing on Motion to Dismiss Dear Judge Illston,
On July 2, 2007, Oculus filed a motion to dismiss certain of the claims and causes of action at issue in defendants' counterclaim. At the time of filing, Oculus was unable to secure a hearing date until September 7, 2007. Oculus plans to file motions for summary judgment and to dismiss defendants' counterclaim [FRCP 41(B)] on or before August 31, 2007, the deadline set by this Court for the filing of motions. In order to narrow the issues that must be addressed in these dispositive motions, Oculus now seeks an earlier hearing date on its motion to dismiss, preferably, on or before August 17, 2007. Notably, a hearing on August 17, 2007 (or even August 10, 2007) would be outside the 35 day notice period provided for in Civil Local Rule 7-2(a).
As reflected in the letter attached as Exhibit A, we have attempted to secure defendants' agreement to this proposed earlier hearing date. To date, we have received no response.
In the event the Court is inclined to grant this request, we enclose a [Proposed] Order.