Gary Siebert v. Gene Security Network, Inc

Filing 91

STIPULATION AND ORDER re 90 STIPULATION WITH PROPOSED ORDER re 83 MOTION for Summary Judgment TO EXTEND TIME FOR BRIEFING filed by Gene Security Network, Inc. Signed by Judge Jon S. Tigar on July 10, 2014. (wsn, COURT STAFF) (Filed on 7/10/2014)

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Brandon F. White (admitted pro hac vice)
[e-mail]
FOLEY HOAG LLP
155 Seaport Blvd.
Boston, MA 02210
Telephone: [phone]

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Evan S. Nadel (SBN 213230)
[e-mail]
MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO PC
44 Montgomery St., 36th Fl.
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
GENE SECURITY NETWORK, INC.

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Stephen R. Jaffe (SBN 49539)
[e-mail]
Bailey K. Bifoss (SBN 278392)
[e-mail]
THE JAFFE LAW FIRM
150 California St., 21st Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff/Relator
GARY SIEBERT

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA ex rel. GARY
SIEBERT,

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STIPULATION TO EXTEND TIME FOR
BRIEFING ON PLAINTIFF’S MOTION
FOR SUMMARY JUDGMENT
Date:
September 4, 2013
Time:
2:00 P.M.
Judge:
The Honorable Jon S. Tigar
Location: Courtroom 9
450 Golden Gate Avenue
San Francisco, California 94102

Plaintiff,

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Case No. 3:11-cv-01987-JST

v.
GENE SECURITY NETWORK, INC.,
Defendant.

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STIPULATION TO EXTEND
CASE NO. 3:11-CV-01987-JST

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The undersigned counsel of record of the respective parties in the above-entitled action hereby
stipulate pursuant to Civil Local Rule 6-1 as follows:
1. On July 2, 2014, Plaintiff filed a motion for summary judgment with an August 7, 2014
hearing date (Dkt. No. 83).
2. On July 3, 2014, by Clerk’s Notice, the Court continued the hearing date of the motion for
summary judgment to September 4, 2014.
3. Pursuant to Civil Local Rule 7-3, Defendant’s opposition to the pending motion for summary
judgment is currently due not later than July 16, 2014, and Plaintiff’s reply in support of the motion is
currently due July 23, 2014.

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4. Defendant has recently retained new counsel – Foley Hoag LLP – to act as its lead trial

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counsel in this case. Defendant’s new counsel will prepare its opposition to the pending motion for

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summary judgment and may also file a cross-motion for summary judgment on behalf of Defendant.

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5. Given the time required for Defendant’s new counsel to become familiar with the proceedings

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and evidence in this matter, Defendant and Plaintiff agreed that Defendant could have an extension of

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time until August 7 to file its opposition to the pending motion for summary judgment and Plaintiff

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could have an extension of time until August 21 to file his reply in support of the pending motion for

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summary judgment. The parties agreed to make no change to the current hearing date of September

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4, 2014.

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6. If Defendant files a cross-motion for summary judgment, the parties have agreed that

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Defendant’s moving papers would be filed not later than August 7, 2014; Plaintiff’s opposition to the

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cross-motion (and supporting papers) would be filed not later than August 21, 2014; and Defendant’s

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reply in support of the cross-motion would be filed not later than August 28, 2014. The hearing on

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the cross-motion for summary judgment, if one is filed, would be September 4, 2014.

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STIPULATION TO EXTEND
CASE NO. 3:11-CV-01987-JST

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7. No other time modifications have been requested regarding this motion. The parties

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previously filed stipulations to extend the briefing schedule and continue the hearing on Defendant’s

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motion to dismiss Plaintiff’s first amended complaint (ECF Nos. 30 & 32).

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8. The parties agree that there will be no prejudice to either party as a result of this action and

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that the time modification requested in this stipulation should have no effect on the schedule for this

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case beyond the briefing dates noted above.

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Dated: July 9, 2014

THE JAFFE LAW FIRM

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_______________/s/________________
Stephen R. Jaffe (SBN 49539)
Bailey K. Bifoss (SBN 278392)

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Attorneys for Plaintiff/Relator, GARY SIEBERT

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Dated: July 9, 2014

MINTZ LEVIN COHN FERRIS GLOVSKY
and POPEO PC

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_______________/s/________________
Evan S. Nadel (SBN 213230)

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Attorneys for Defendant, GENE SECURITY
NETWORK, INC.

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STIPULATION TO EXTEND
CASE NO. 3:11-CV-01987-JST

PROPOSED ORDER

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Based on the parties’ stipulation and for good cause shown, IT IS HEREBY ORDERED as
follows:
The Court will GRANT the parties an amended briefing schedule for the hearing on

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Plaintiff’s Motion for Summary Judgment. Opposition papers, if any, shall be filed not later than

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August 7, 2014. Reply papers, if any, shall be filed not later than August 21, 2014. The hearing shall

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remain on September 4, 2014 at 2:00 p.m.

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In the event Defendant files a cross-motion for summary judgment, Defendant’s moving

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papers shall be filed not later than July 31, 2014; Plaintiff’s opposition to the cross-motion (and

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supporting papers) shall be filed not later than August 14, 2014; and Defendant’s reply in support of

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the cross-motion shall be filed not than August 21, 2014. If Defendant files a cross-motion for

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summary judgment, it will be heard on September 4, 2014 at 2:00 p.m.

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IT IS SO ORDERED.

S

UNIT
ED

Date: July 10, 2014

The Honorable Judge Jon S. Tigar

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STIPULATION TO EXTEND
CASE NO. 3:11-CV-01987-JST

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ATTESTATION PURSUANT TO GENERAL ORDER NO. 45

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Pursuant to General Order No. 45 of the Northern District of California, I attest that

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concurrence in the filing of this document has been obtained from the other signatory to this

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document.

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Dated: July 9, 2014

MINTZ LEVIN COHN FERRIS GLOVSKY

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and POPEO PC

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_______________/s/________________
Evan S. Nadel (SBN 213230)

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Attorneys for Defendant
GENE SECURITY NETWORK, INC

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STIPULATION TO EXTEND
CASE NO. 3:11-CV-01987-JST