CSPC Dophen Corporation v. Hu

Filing 63

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 5/15/18 the deadline by which Defendant Sean Hu shall file an opposition to Plaintiff's Motion to Dismiss and Motion to Strike First Amended Counterclaims is EXTENDED to not later than 5/24/18. Plaintiff CSPC Dophen Corporation shall file a reply to Defendant's Opposition not later than 5/31/18. (Becknal, R)

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KROGH & DECKER, LLP
SHAWN M. KROGH (SBN 227116)
[e-mail]
ANDREA M. CLOSE (SBN 309324)
[e-mail]
555 Capitol Mall, Suite 700
Sacramento, California 95814
Telephone: [phone]
Facsimile: 916.498.9005
Attorneys for Defendant and Counter-Claimant
ZHIXIANG HU, also known as SEAN HU

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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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)
vs.
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)
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,
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vs.
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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, and )
DONGCHEN CAI, an individual,
)
)
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Counter-Defendants.
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)
)

Case No.:

2:17-CV-01895-MCE-DB

STIPULATION AND ORDER FOR EXTENSION OF
DEADLINES TO OPPOSE & REPLY TO CSPC
DOPHEN CORPORATION’S MOTION TO DISMISS
AND MOTION TO STRIKE FIRST AMENDED
COUNTERCLAIMS
Action Filed: September 11, 2017
Trial Date: TBD
Assigned to Chief Judge: Morrison C. England, Jr.

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STIPULATION AND ORDER FOR EXTENSION OF DEADLINES TO OPPOSE & REPLY TO CSPC DOPHEN
CORPORATION’S MOTION TO DISMISS AND MOTION TO STRIKE FIRST AMENDED COUNTERCLAIMS
Case No. 2:17-CV-01895-MCE-DB
pa-1817727

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Defendant, Sean Hu, hereby moves the Court for an Order extending the deadline to file

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and serve an opposition and reply to Plaintiff’s Motion to Dismiss and Motion to Strike First

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Amended Counterclaims (“Motion”) until May 24, 2018 and May 31, 2018, respectively. Plaintiff,

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CSPC Dophen Corporation (“CSPC”), stipulates to the relief requested in this motion. In support of

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the relief requested Defendant states:

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1.

CSPC filed a Motion to Dismiss and Motion to Strike First Amended Counterclaims

on April 16, 2018, which was scheduled to be heard on May 17, 2018.
2.

On the Court’s own motion, the May 17, 2018 hearing and Motion were vacated

and submitted without appearance and argument.
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The Court further stated that the opposition and reply due dates shall be filed in

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accordance with the original motion hearing date. Such opposition is required to be filed on May

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3, 2018.

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4.

The Defendant, Sean Hu, desires to terminate his relationship with his counsel of

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record, Krogh & Decker, LLP, and further desires to move forward in pro per and oppose the

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Motion on his own.

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5.

Upon learning of Dr. Hu’s desire to oppose the Motion himself, on April 26, 2018,

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counsel for Dr. Hu reached out to Plaintiff’s counsel requesting an agreement to extend certain

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upcoming deadlines.

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6.

On April 27, 2018, counsel for Plaintiff agreed to the requested extensions.

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5.

Defendant contends that fairness and judicial economy will be served by extending

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the deadline to file and serve an opposition and reply in order to provide Dr. Hu with sufficient

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time to respond to the Motion.

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IT IS HEREBY STIPULATED by and between the parties hereto through their respective
attorneys of record as follows:
1.

The date on or before which Defendant Sean Hu shall file an opposition to the

Motion is hereby extended to May 24, 2018.

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STIPULATION AND ORDER FOR EXTENSION OF DEADLINES TO OPPOSE & REPLY TO CSPC DOPHEN
CORPORATION’S MOTION TO DISMISS AND MOTION TO STRIKE FIRST AMENDED COUNTERCLAIMS
Case No. 2:17-CV-01895-MCE-DB
pa-1817727

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2.

The date on or before which Plaintiff CSPC Dophen Corporation shall file a reply to

Defendant’s Opposition to Plaintiff’s Motion is hereby extended to May 31, 2018.

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DATED: May 1, 2018

KROGH & DECKER, LLP

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By:
/s/ Andrea M. Close
ANDREA M. CLOSE
Attorneys for Counter-Claimant
ZHIXIANG HU, also known as SEAN HU

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DATED: May 1, 2018

MORRISON & FOERSTER, LLP

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By:
/s/ Yue Li
YUE LI
Attorneys for Cross-Defendant
CSPC DOPHEN CORPORATION

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ORDER

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Pursuant to the stipulation of the parties and good cause appearing, the deadline by

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which Defendant Sean Hu shall file an opposition to Plaintiff’s Motion to Dismiss and Motion to

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Strike First Amended Counterclaims is extended to not later than May 24, 2018. Plaintiff CSPC

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Dophen Corporation shall file a reply to Defendant’s Opposition not later than May 31, 2018.

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IT IS SO ORDERED.
Dated: May 15, 2018

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STIPULATION AND ORDER FOR EXTENSION OF DEADLINES TO OPPOSE & REPLY TO CSPC DOPHEN
CORPORATION’S MOTION TO DISMISS AND MOTION TO STRIKE FIRST AMENDED COUNTERCLAIMS
Case No. 2:17-CV-01895-MCE-DB
pa-1817727