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`NIMALKA R. WICKRAMASEKERA (SBN: 268518)
`nwickramasekera@winston.com
`DAVID P. DALKE (SBN: 218161)
`ddalke@winston.com
`LEV TSUKERMAN (SBN: 319184)
`ltsukerman@winston.com
`WINSTON & STRAWN LLP
`333 S. Grand Avenue
`Los Angeles, CA 90071-1543
`Telephone: (213) 615-1700
`Facsimile: (213) 615-1750
`
`BRIAN J. NISBET (Pro Hac Vice)
`bnisbet@winston.com
`SARANYA RAGHAVAN (Pro Hac Vice)
`sraghavan@winston.com
`WINSTON & STRAWN LLP
`35 West Wacker Drive
`Chicago, IL 60601-9703
`Telephone: (312) 558-5600
`Facsimile: (312) 558-5700
`
`CORINNE STONE HOCKMAN (Pro Hac Vice)
`chockman@winston.com
`WINSTON & STRAWN LLP
`1111 Louisiana Street, 25th Floor
`Houston, TX 77002-5242
`Telephone: (713) 651-2600
`Facsimile: (713) 651-2700
`
`Attorneys for Defendants
`ALPHATEC HOLDINGS, INC. AND ALPHATEC SPINE, INC.
`
`Plaintiff,
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA - SAN DIEGO DIVISION
`Case No. 18-CV-00347-CAB-MDD
`NUVASIVE, INC., a Delaware
`
`corporation,
`DEFENDANTS’ MOTION FOR FEES
`
`AND COSTS
`
`
`
`v.
`Judge: Hon. Cathy Ann Bencivengo
`
`Courtroom: 4C
`ALPHATEC HOLDINGS, INC., a
`Delaware corporation and
`
`ALPHATEC SPINE, INC., a
`PER CHAMBERS RULES, NO ORAL
`California corporation,
`ARGUMENT UNLESS SEPARATELY
`ORDERED BY THE COURT
`
`Defendants.
`
`
`
`DEFENDANTS’ MOTION FOR FEES AND COSTS
`CASE NO. 18-CV-00347-CAB-MDD
`
`
`
`
`
`
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 254 Filed 01/29/20 PageID.22931 Page 2 of 3
`
`
`TO THE COURT, ALL PARTIES AND THEIR COUNSEL OF RECORD:
`NOTICE IS HEREBY GIVEN that if ordered by the Court, on a date to be
`determined by the Court, or as otherwise ordered, the matter may be heard by the above-
`titled court, located at 221 West Broadway, San Diego, CA 92101, where Defendants
`ALPHATEC HOLDINGS, INC., and ALPHATEC SPINE, INC. will and hereby do
`move the Court for an order granting Defendants’ Motion for Fees and Costs.
`Defendants bring this motion for fees and costs based on the Court’s order at
`Doc. No. 232.
`This motion is based upon this notice, the memorandum of points and authorities
`filed concurrently herewith, the accompanying declaration of Brian J. Nisbet (and all
`exhibits attached thereto), all pleadings, papers, and records on file in this action, all
`matters subject to judicial notice, and such oral argument as may be presented at the
`hearing of this matter.
`
`Dated: January 29, 2020
`
`WINSTON & STRAWN LLP
`
`
`
`By: /s/ Nimalka R. Wickramasekera
`NIMALKA R. WICKRAMASEKERA
`BRIAN J. NISBET
`DAVID P. DALKE
`SARANYA RAGHAVAN
`CORINNE STONE HOCKMAN
`LEV TSUKERMAN
`
`Attorneys for Defendants
`ALPHATEC HOLDINGS, INC. AND
`ALPHATEC SPINE, INC.
`
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`1
`DEFENDANTS’ MOTION FOR FEES AND COSTS
`CASE NO. 18-CV-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 254 Filed 01/29/20 PageID.22932 Page 3 of 3
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`
`CERTIFICATE OF SERVICE
`I hereby certify that the foregoing document was filed with the Court’s CM/ECF
`system which will provide notice to all counsel deemed to have consented to electronic
`service. All other counsel of record not deemed to have consented to electronic service
`were served with a true and correct copy of the foregoing document by mail on this day.
`I declare under penalty of perjury under the Laws of the United States of America
`that the above is true and correct. Executed this 29th day of January, 2020 at Los
`Angeles, California.
`
`Dated: January 29, 2020
`
`
`
`WINSTON& STRAWN LLP
`
`By: /s/ Nimalka R. Wickramasekera
`NIMALKA R. WICKRAMASEKERA
`
`
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`DEFENDANTS’ MOTION FOR FEES AND COSTS
`CASE NO. 18-CV-00347-CAB-MDD
`
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