CSPC Dophen Corporation v. Hu

Filing 46

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 01/11/18 ORDERING this case STAYED and REFERRED to VDRP; the 41 Motion to Dismiss and the 45 Motion to Compel are DENIED as moot. The parties are to file a Joint Status Report regarding the status and progress of VDRP every 30 days until completion of VDRP, and a final Joint Status Report not later than 10 days after the completion of VDRP (cc: VDRP). (Benson, A.)

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1 KROGH & DECKER, LLP SHAWN M. KROGH (SBN 227116) 2 shawnkrogh@kroghdecker.com ANDREA M. CLOSE (SBN 309324) 3 andreaclose@kroghdecker.com 555 Capitol Mall, Suite 700 4 Sacramento, California 95814 Telephone: 916.498.9000 5 Facsimile: 916.498.9005 6 Attorneys for Defendant and Counter-Claimant ZHIXIANG HU, also known as SEAN HU 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 CSPC DOPHEN CORPORATION, 12 Plaintiff, 13 vs. 14 ZHIXIANG HU, also known as SEAN HU, an individual, 15 Defendant. 16 17 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:17-CV-01895-MCE-DB STIPULATION AND ORDER TO ELECT REFERRAL OF ACTION TO VOLUNTARY DISPUTE RESOLUTION PROGRAM (VDRP) PURSUANT TO LOCAL RULE 271 Action Filed: September 11, 2017 Trial Date: TBD Assigned to Chief Judge: Morrison C. England, Jr. 18 19 20 21 22 23 24 25 26 27 28 1 STIPULATION AND ORDER TO ELECT REFERRAL OF ACTION TO VOLUNTARY DISPUTE RESOLUTION PROGRAM (VDRP) PURSUANT TO LOCAL RULE 271 pa-1817727 Case No. 2:17-CV-01895-MCE-DB 1 ZHIXIANG HU, also known as SEAN HU, an individual, 2 Counter-Claimant, 3 vs. 4 CSPC DOPHEN CORPORATION, a New 5 Jersey Corporation; CSPC PHARMACEUTICAL GROUP LIMITED, a 6 Hong Kong Corporation; YINGUI LI, an individual; JINXU WANG; an individual, 7 JUMIN SUN; an individual, and DONGCHEN CAI, an individual, 8 9 Counter-Defendants. 10 11 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Pursuant to Local Rule 271, the CSPC Dophen Corporation (“CSPC Dophen”) and Dr. 12 Sean Hu (collectively, Parties) hereby agree to submit the above-entitled action to the 13 Voluntary Dispute Resolution Program (“VDRP”). 14 The Parties propose that the VDRP process be completed by end of January, 2018. 15 CSPC Dophen served its First Set of Requests for Production of Documents and First 16 Set of Interrogatories on Dr. Hu on October 31, 2017. CSPC Dophen requests that Dr. Hu 17 provide substantive responses to these discovery requests before the VDRP session is held. 18 Dr. Hu served his first set of discovery requests on December 12, 2017. Accordingly, 19 Dr. Hu requests that CSPC Dophen provide substantive responses to these discovery 20 requests before the VDRP session is held. 21 /// 22 /// 23 /// 24 /// 25 26 27 28 2 STIPULATION AND ORDER TO ELECT REFERRAL OF ACTION TO VOLUNTARY DISPUTE RESOLUTION PROGRAM (VDRP) PURSUANT TO LOCAL RULE 271 pa-1817727 Case No. 2:17-CV-01895-MCE-DB 1 DATED: December 22, 2017 KROGH & DECKER, LLP 2 3 4 5 7 DATED: December 18, 2017 MORRISON & FOERSTER, LLP By: /s/ Andrea M. Close ANDREA M. CLOSE Attorneys for Counter-Claimant ZHIXIANG HU, also known as SEAN HU 6 8 9 10 11 12 13 16 17 20 21 22 By: /s/ Yue Li YUE LI Attorneys for Cross-Defendant CSPC DOPHEN CORPORATION ORDER Accordingly, Plaintiff’s Motion to Dismiss (ECF No. 41) and Defendant’s Motion to Compel (ECF No. 45) are DENIED as moot, and the January 26, 2018 hearing is VACATED. The submitted Motion for Disqualification of Counsel (ECF No. 16) shall remain under submission, and the Court will issue an order if necessary after completion of VDRP. The parties are further ordered to file a Joint Status Report regarding the status and progress of VDRP every 30 days from the date of electronic filing of this order until completion of VDRP, and a final Joint Status Report not later than 10 days after the completion of VDRP. The parties may refile their respective motions at that time, if necessary. 23 24 hereby STAYED and REFERRED to the Court’s Voluntary Dispute Resolution Program. 18 19 Pursuant to the stipulation of the parties and Local Rule 271(c)(3), this matter is 14 15 IT IS SO ORDERED. Dated: January 11, 2018 25 26 27 28 3 STIPULATION AND ORDER TO ELECT REFERRAL OF ACTION TO VOLUNTARY DISPUTE RESOLUTION PROGRAM (VDRP) PURSUANT TO LOCAL RULE 271 pa-1817727 Case No. 2:17-CV-01895-MCE-DB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATION AND ORDER TO ELECT REFERRAL OF ACTION TO VOLUNTARY DISPUTE RESOLUTION PROGRAM (VDRP) PURSUANT TO LOCAL RULE 271 pa-1817727 Case No. 2:17-CV-01895-MCE-DB

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