CSPC Dophen Corporation v. Hu
Filing
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STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 12/6/2018 ORDERING plaintiff shall disclose experts no later than 2/8/2019. Defendant shall disclose experts no later 2/22/2019. Rebuttal experts shall be disclosed no later than 3/8 /2019. Discovery shall be completed by 4/5/2019. All pretrial motions, except motions to compel discovery, shall be completed by 5/24/2019. The parties shall file a Joint Notice of Trial Readiness not later than thirty (30) days after receiving a ruling on the last pending dispositive motion. (Zignago, K.)
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BRYAN WILSON (SBN 138842)
BWilson@mofo.com
YUE LI (SBN 287280)
YLi@mofo.com
MORRISON & FOERSTER LLP
755 Page Mill Road
Palo Alto, California 94304-1018
Telephone: 650.813.5600
Sean Hu, Ph.D.
SeanHu2020@Gmail.com
3840 Collins St.
West Sacramento, California 95691
Telephone: 530 220 5660
Pro Se
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C. JASON SMITH (SBN 237966)
cjsmith@smplawcorp.com
SMITH, MCDOWELL & POWELL
A LAW CORPORATION
100 Howe Avenue, Suite 208 South
Sacramento, California 95825
Telephone: 916-569-8100
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Attorneys for Plaintiff and Counter-Defendant
CSPC DOPHEN CORPORATION
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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CSPC DOPHEN CORPORATION,
Plaintiff,
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v.
ZHIXIANG HU, also known as SEAN HU, an
individual,
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Defendant.
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ZHIXIANG HU, also known as SEAN HU, an
individual
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Counter-Claimant,
v.
CSPC DOPHEN CORPORATION, a New Jersey
Corporation; CSPC PHARMACEUTICAL GROUP
LIMITED, a Hong Kong Corporation; YINGUI LI,
an individual; JINXU WANG, an individual; JUMIN
SUN, an individual; DONGCHEN CAI, an
individual,
Counter-Defendants.
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JOINT STIPULATION AND ORDER FOR EXTENSION OF CASE SCHEDULE
CASE NO. 2:17-CV-01895-MCE-DB
pa-1873655
No. 2:17-cv-01895 MCE DB
JOINT STIPULATION AND
ORDER FOR EXTENSION OF
CASE SCHEDULE
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Pursuant to Local Rule 144(a), CSPC Dophen Corporation and Sean Hu jointly request
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that the Court extend the case schedule set forth in the June 18, 2018 Scheduling Order (Docket
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No. 76).
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CSPC Dophen’s Claims
Plaintiff CSPC Dophen filed this action against Defendant Sean Hu on September 11,
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2017. (ECF No. 1.) The Court issued a Scheduling Order on June 18, 2018. (ECF No. 76.)
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Under the Scheduling Order, the case currently has a discovery cut-off of January 18, 2019. The
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Court granted CSPC Dophen’s Motion to Enforce Court Order on November 11, 2018 requiring
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Sean Hu to make a further supplemental response to CSPC Dophen’s discovery requests. (ECF
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No. 115.) Sean Hu filed a Motion for Reconsideration contesting the Court’s Order on
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November 18, 2018. (ECF No. 116.) No trial date has been set and the parties have not
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previously requested any modification of the case schedule.
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Sean Hu’s Counterclaims
Defendant Sean Hu filed counterclaims against CSPC Dophen and various other parties,
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including CSPC Pharmaceutical Group Limited (“CSPC Limited”), Yingui Li, Jinxu Wang,
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Jumin Sun, and Dongchen Cai (collectively, “individual Counter-Defendants”). (ECF Nos. 22
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and 39.) The Court has granted CSPC Dophen’s partial motion to dismiss for failure to state a
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claim as well as CSPC Limited’s and the individual Counter-Defendants’ motions to dismiss for
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lack of personal jurisdiction and insufficient service of process. (ECF No. 124.) Sean Hu is
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given leave to amend his counterclaims within 28 days of the Court’s Order. (Id.) The parties
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have not met and conferred regarding Sean Hu’s counterclaims under Rule 26.
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Parties’ Proposed Extensions
CSPC Dophen and Sean Hu have agreed that there should be an extension to the case
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schedule set forth in the Court’s June 18, 2018 Scheduling Order, but disagree on the length of
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the extension. Sean Hu would like to extend the deadline to bridge the discovery regarding his
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counterclaims, or at least a 4-month extension to the current case schedule to give it room to
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accommodate the new scheduling order from the Court. CSPC Dophen and Sean Hu respectively
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JOINT STIPULATION AND ORDER FOR EXTENSION OF CASE SCHEDULE
CASE NO. 2:17-CV-01895-MCE-DB
pa-1873655
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request that the Court extend all deadlines relating to CSPC Dophen’s claims set forth in the
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Court’s June 18, 2018 Scheduling Order as follows:
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Event
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Plaintiff’s Expert
Disclosure
Defendant’s
Expert Disclosure
Rebuttal Expert
Disclosure
Discovery CutOff
Pretrial motions
(exception
motions to
compel discovery)
Current
Deadlines
November 23,
2018
CSPC Dophen’s
Requested Deadlines
Sean Hu’s Requested
Deadlines1
February 8, 2019
March 22, 2019
December 7, 2018
February 22, 2019
April 5, 2019
December 21, 2018
March 8, 2019
April 19, 2019
January 18, 2019
April 5, 2019
May 17, 2019
March 8, 2019
May 24, 2019
July 8, 2019
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Dated: November 28, 2018
MORRISON & FOERSTER LLP
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By:
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/s/ Bryan Wilson
BRYAN WILSON
Attorneys for Plaintiff and CounterDefendant CSPC DOPHEN
CORPORATION
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Dated: November 28, 2018
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By: /s/ Sean Hu
Zhixiang (Sean) Hu
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Pro Se
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Sean Hu requests that a new schedule be set by the Court to accommodate discovery related to
his counterclaims or at least a 4-month extension to the current deadlines.
JOINT STIPULATION AND ORDER FOR EXTENSION OF CASE SCHEDULE
CASE NO. 2:17-CV-01895-MCE-DB
pa-1873655
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ORDER
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Pursuant to the parties’ stipulation, IT IS HEREBY ORDERED that:
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1. Plaintiff shall disclose experts no later than February 8, 20192.
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2. Defendant shall disclose experts no later February 22, 2019.
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3. Rebuttal experts shall be disclosed no later than March 8, 2019.
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4. Discovery shall be completed by April 5, 2019.
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5. All pretrial motions, except motions to compel discovery, shall be completed by May
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24, 2019.
6. The parties shall file a Joint Notice of Trial Readiness not later than thirty (30) days
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after receiving a ruling on the last pending dispositive motion.
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Dated: December 6, 2018
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DLB:6
DB\orders\orders.pro se\cspc1895.stip.eot.ord
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The undersigned recognizes that defendant preferred a further extension of time. If at a later
date defendant determines that defendant needs additional time, defendant may seek a further
stipulation from plaintiff. If the parties cannot reach a stipulation, defendant may file a motion
for a further extension of time.
JOINT STIPULATION AND ORDER FOR EXTENSION OF CASE SCHEDULE
CASE NO. 2:17-CV-01895-MCE-DB
pa-1873655
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