Gary Siebert v. Gene Security Network, Inc

Filing 95

STIPULATION AND ORDER re 94 STIPULATION WITH PROPOSED ORDER re 83 MOTION for Summary Judgment to Reset Deadlines for Summary Judgment Briefing filed by Gene Security Network, Inc. Signed by Judge Jon S. Tigar on July 24, 2014. (wsn, COURT STAFF) (Filed on 7/24/2014)

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Brandon F. White (admitted pro hac vice)
[e-mail]
Daniel N. Marx (admitted pro hac vice)
[e-mail]
FOLEY HOAG LLP
Seaport West
155 Seaport Boulevard
Boston, MA 02210-2600
Telephone:
[phone]
Facsimile:
[phone]

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Evan S. Nadel (SBN 213230)
[e-mail]
MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO LLP
44 Montgomery St., 36th Fl.
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
(415) 432-60001

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Attorneys for Defendant and Counterclaim-Plaintiff
GENE SECURITY NETWORK, INC.
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]
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,

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

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Plaintiff,

STIPULATION TO RESET DEADLINES
FOR SUMMARY JUDGMENT BRIEFING

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v.
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Gene Security Network, Inc.

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Defendant.

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B4287908.1

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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:
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On July 2, 2014, Plaintiff filed a motion for summary judgment with an August 7,

2014 hearing date (Dkt. No. 83).
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On July 3, 2014, by Clerk’s Notice, the Court continued the hearing date of the

motion for summary judgment to September 4, 2014.
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On July 9, 2014, the parties filed a joint stipulation extending the time for

8 Defendant to file an opposition to Plaintiffs’ summary judgment motion until August 7, 2014 and
9 providing that Plaintiff would file his reply in support of his summary judgment motion by
10 August 21, 2014. The parties also agreed that any cross-motion for summary judgment by the
11 Defendant would be filed by August 7, 2014, with the Plaintiff’s opposition filed by August 21,
12 2014 and any reply in support of the motion filed by August 28, 2014 (Dkt. No. 90).
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4.

On July 10, 2014, the Court entered the stipulation, except that it ordered that any

14 cross-motion for summary judgment by the Defendant should be filed by July 31, 2014, with the
15 Plaintiff’s opposition filed by August 14, 2014 and any reply brief filed by August 21, 2014.
16 The court ordered that both motions would be heard on September 4, 2014 (Dkt. No. 91).
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5.

Defendant and Plaintiff agree Plaintiff will withdraw his pending motion for

18 summary judgment filed on July 2, 2014 without prejudice.
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6.

The Court’s original scheduling order provided that dispositive motions must be

20 filed on or before September 26, 2014 (Dkt. No. 53). Defendant and Plaintiff agree each party
21 may file a summary judgment motion on or before September 26, 2014; that oppositions to any
22 summary judgment motions must be filed on or before October 14, 2014; and reply briefs in
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support of each motion must be filed on or before October 21, 2014.

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B4287908.1

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7.

By entering into this stipulation, the parties agree there is no prejudice to either

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party and that the time modifications requested by this stipulation shall have no effect on the

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schedule for this case.

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Dated: July 23, 2014

FOLEY HOAG LLP

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/S/ BRANDON F. WHITE
Brandon F. White (admitted pro hac vice)
Daniel N. Marx (admitted pro hac vice)

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MINTZ LEVIN COHN FERRIS
GLOVSKY and POPEO PC
Evan S. Nadel (SBN 213230)

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Attorneys for Defendant and CounterclaimPlaintiff
GENE SECURITY NETWORK, INC.

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Dated: July 23, 2014
THE JAFFE LAW FIRM

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/S/ STEPHEN R. JAFFE
Stephen R. Jaffe (SBN 49539)
Bailey K. Bifoss (SBN 278392)

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Attorneys for Plaintiff/Relator
GARY SIEBERT

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PROPOSED ORDER
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 regarding the

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submission of summary judgment papers as follows. The Plaintiff’s Motion for Summary

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Judgment filed on July 2, 2014 is hereby withdrawn. Motions for summary judgment shall be

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filed by both parties not later than September 26, 2014. Opposition papers, if any, shall be filed

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not later than October 14, 2014. Reply papers, if any, shall be filed not later than October 21,

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2014. The hearing on any summary judgment motions shall be held on _____________ 2014 at
November 13,

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2:00 p.m.
____________.

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IT IS SO ORDERED.

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UNIT
ED

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Date: July 24, 2014

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ER

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S . Ti ga

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J u d ge J o

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The Honorable Judge Jon S. Tigar
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______________________________

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ATTESTATION PURUSANT TO GENERAL ORDER NO. 45

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

4 concurrence in the filing of this document has been obtained from the other signatory on this
5 document.
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Dated: July 23, 2014

FOLEY HOAG LLP
/S/ DANIEL N. MARX
Daniel N. Marx (pro hac vice)

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MINTZ LEVIN COHN FERRIS
GLOVSKY and POPEO PC
Evan S. Nadel (SBN 213230)
Attorneys for Defendant
GENE SECURITY NETWORK, INC.

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