Cesca Therapeutics, Inc. v. SynGen, Inc., et al.

Filing 146

STIPULATION AND ORDER signed by Magistrate Judge Kendall J. Newman on 4/6/2017 ORDERING Cesca Therapeutics, Inc., shall have an additional 21 days, until and including 4/26/2017, to comply with Paragraph 1(e) of the Court's 3/6/2017 Order 141 , in accordance with the terms set forth in this Order.(Reader, L)

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Bradley F. Rademaker (pro hac vice)
[e-mail]
Tonya G. Newman (pro hac vice)
[e-mail]
Thomas J. Campbell, Jr. (pro hac vice)
[e-mail]
NEAL, GERBER & EISENBERG, LLP
Two North LaSalle Street
Suite 1700
Chicago, Illinois 60602
Telephone: [phone]
Facsimile: [phone]
Monica S. Hans
[e-mail]
DELFINO MADDEN O’MALLEY
COYLE KOEWLER
500 Capitol Mall
Suite 1550
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
CESCA THERAPEUTICS INC.,

Stuart L. Gasner (SBN 164675)
[e-mail]
Eric H. MacMichael (SBN 231697)
[e-mail]
Matan Shacham (SBN 262348)
[e-mail]
KEKER & VAN NEST LLP
633 Battery Street
San Francisco, CA 94111-1809
Phone: [phone]
Facsimile: [phone]
Robert P. Andris (SBN 130290)
[e-mail]
Michael D. Kanach (SBN 271215)
[e-mail]
GORDON & REES LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Phone: [phone]
Facsimile: [phone]
Attorneys for Defendants
SYNGEN INC., PHC MEDICAL, INC.
and
PHILIP COELHO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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CESCA THERAPEUTICS INC.,
Plaintiff,

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v.
SYNGEN INC., a California Corporation,
PHC MEDICAL INC., a California Corporation,
PHILIP COELHO, an individual, and
DOES 1-10, INCLUSIVE,

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Defendants.

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Case No. 2:14-cv-02085-TLN-KJN
JOINT STIPULATION AND
[PROPOSED] ORDER TO EXTEND
TIME TO COMPLY WITH
DISCOVERY ORDER (ECF NO. 141)
Judge:

Hon. Kendall J. Newman

Complaint Filed: September 9, 2014

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLY WITH DISCOVERY ORDER

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Plaintiff, Cesca Therapeutics Inc. (“Cesca”) and Defendants SynGen Inc., PHC

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Medical, Inc., and Philip Coelho (collectively, the “Defendants”), by and through their

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respective counsel, hereby stipulate as follows:

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WHEREAS, on February 2, 2017, Defendants filed a Notice of Motion to compel

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Plaintiff to, among other things, produce further documents responsive to Defendants’ request

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for production numbers 35, 36, 37, 39, 40, 42 and 43 (the “Motion”). See ECF 122.

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WHEREAS, on February 16, 2017, the parties submitted their Joint Statement
regarding the Motion. See ECF 125.
WHEREAS, on March 6, 2017, after hearing the parties’ arguments with respect to

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the Motion, this Court entered an Order granting the Motion with respect to Defendants’

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requests for production numbers 35, 36, 37, 39, 40, 42 and 43 (the “Requests”). See ECF 141

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at ¶ 1(e). In particular, the Court ordered “Plaintiff’s new counsel to conduct a search for any

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documents responsive to [the] requests that have not already been produced …, produce any

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such responsive documents subject to appropriate claims of privilege, and produce a

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declaration of plaintiff’s new counsel certifying that all documents responsive to defendants’

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requests have been produced, describing the search efforts counsel has undertaken, and

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stating the basis for why any responsive documents are being withheld.” Id.

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WHEREAS, counsel for Plaintiff has been diligently working to collect and review

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any documents responsive to the Requests that have not already been produced, and on April

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5, 2017 will begin a rolling production of said documents responsive to all of the Requests.

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WHEREAS, in connection with its efforts to conduct further searches designed to

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yield other potentially responsive documents not previously collected from Cesca, counsel for

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Plaintiff has encountered technical difficulties that have significantly delayed its efforts.

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WHEREAS, as a result of the aforementioned difficulties, counsel for Plaintiff

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represent that they require an additional three weeks to complete Cesca’s production of

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documents required by Paragraph 1(e) of the Court’s March 6, 2017 Order.

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLY WITH DISCOVERY ORDER

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WHEREAS, based on that representation, Defendants have agreed to provide Plaintiff

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a three-week extension to comply with Paragraph 1(e) of the Court’s March 6, 2017 Order, in

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exchange for Plaintiff agreeing to the following terms, which are intended to ensure that

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discovery is not unnecessarily delayed and proceeds as quickly as possible: (1) Plaintiff will

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make Dr. Xu available for his deposition on either May 8 or May 9; (2) Plaintiff will make

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Mr. Stracey available for his deposition in May and will provide as soon as possible a firm

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deposition date in that month; and (3) with the understanding that Defendants also wish to

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take the depositions of Mr. Malone, Mr. Mau and Mr. Harris in May, counsel for Plaintiff

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will make every reasonable effort to secure deposition dates for these witnesses in May, and

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will provide firm deposition dates as soon as possible. Counsel for Plaintiff further represents

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that counsel has contacted and is continuing to contact the witnesses to secure deposition

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dates. Counsel for Plaintiff agrees to provide counsel for Defendants with an update on the

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progress of securing deposition dates on Friday, April 7, 2017, and in the event all dates

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described herein are not scheduled, to continue to provide regular updates thereafter.

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THEREFORE, the Parties have agreed and stipulate that:

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With the permission of the Court, Cesca shall have an additional 21 days, until and

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including April 26, 2017, to comply with Paragraph 1(e) of the Court’s March 6, 2017 Order,

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in accordance with the terms set forth above.

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Dated: April 5, 2017

NEAL, GERBER & EISENBERG LLP
By: /s/ Tonya G. Newman
BRADLEY F. RADEMAKER
TONYA G. NEWMAN
THOMAS J. CAMPBELL, JR.
DELFINO MADDEN O’MALLEY COYLE
KOEWLER
MONICA S. HANS
Attorneys for Plaintiff
CESCA THERAPEUTICS INC.

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLY WITH DISCOVERY ORDER

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Dated: April 5, 2017

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KEKER & VAN NEST LLP
By: /s/ Matan Shacham
STUART L. GASNER
MATAN SHACHAM
ERIC MACMICHAEL

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Attorneys for Defendants
SYNGEN, INC., PHC MEDICAL, INC., and
PHILIP COELHO

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IT IS SO ORDERED.
Dated: April 6, 2017

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029043.6000:26128364.1

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO COMPLY WITH DISCOVERY ORDER