Geron Corporation v. Viacyte, Inc.

Filing 59

ORDER re 58 STIPULATION WITH PROPOSED ORDER TO ENLARGE TIME PURSUANT TO CIVIL L.R. 6-2. Further Case Management Conference set for 6/10/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Mediation completion deadline extended to 6/3 0/2014. The Court is very unlikely to continue this matter further, and expects a Joint Case Management Statement to be filed by the parties on or before June 3, 2014 that sets forth a proposed case management schedule in the event the case does not settle prior to that date. Signed by Judge William H. Orrick on 04/02/2014. (jmdS, COURT STAFF) (Filed on 4/2/2014)

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1 2 3 4 5 6 7 8 Michael J. Malecek (State Bar No. 171034) Email address: michael.malecek@kayescholer.com Sean Boyle (State Bar No. 238128) Email address: sean.boyle@kayescholer.com K. Nicole. Buck (State Bar No. 291900) Email address: nicole.buck@kayescholer.com KAYE SCHOLER LLP Two Palo Alto Square, Suite 400 3000 El Camino Real Palo Alto, California 94306-2112 Telephone: (650) 319-4500 Facsimile: (650) 319-4700 Benjamin K. Riley (State Bar No. 112007) Email address: briley@bzbm.com Jayne Laiprasert (State Bar No. 256930) Email address: jlaiprasert@bzbm.com BARTKO, ZANKEL, BUNZEL & MILLER One Embarcadero Center, Suite 800 San Francisco, CA 94111 Telephone: (415) 956-1900 Facsimile: (415) 956-1152 R. Danny Huntington (pro hac vice) Email address: dhuntington@refm.com Sharon E. Crane (pro hac vice) Email address: scrane@refm.com Seth E. Cockrum (pro hac vice) Email address: scockrum@refm.com ROTHWELL, FIGG, ERNST & MANBECK, PC 607 14th Street, N.W., Suite 800 Washington, D.C. 20005 Telephone: (202) 783-6040 Facsimile: (202) 783-6031 Attorneys for Plaintiff ASTERIAS BIOTHERAPEUTICS, INC. 9 10 11 12 Attorneys for Defendant VIACYTE, INC. 13 14 15 UNITED STATES DISTRICT COURT 16 FOR THE NORTHERN DISTRICT OF CALIFORNIA 17 ASTERIAS BIOTHERAPEUTICS, INC., 18 Plaintiff, 19 v. 20 VIACYTE, INC., 21 Defendant. 22 ) ) ) ) ) ) ) ) ) ) ) Case No. 12-cv-04813-WHO STIPULATED REQUEST FOR ORDER ENLARGING TIME PURSUANT TO CIVIL L.R. 6-2; ORDER 23 24 25 26 27 28 STIPULATED REQUEST FOR ORDER ENLARGING TIME C-12-4813 WHO 1 WHEREAS, on February 13, 2014, Counsel for Plaintiff Asterias and Defendant ViaCyte 2 jointly filed a Stipulated Request for Order Enlarging Time Pursuant to Civil L.R. 6-2 (D.I. 55) in 3 order to modify the schedule to accommodate ongoing settlement discussions. 4 WHEREAS, on February 14, 2014, the Court set the following schedule (D.I. 56): 5 6 7 8 9 Event Dates Case Management Conference April 22, 2014 Mediation Completion (ADR L.R. 6-3) April 30, 2014 WHEREAS, the principals for Plaintiff Asterias and Defendant ViaCyte have continued to 10 engage in ongoing potential settlement discussions. Party representatives met in person on 11 February 19, 2014 and principals are continuing to confer in good faith. Consequently, the 12 parties are proposing to reset the dates for completion of mediation pursuant to ADR L.R. 6-3, 13 and the Case Management Conference so that the parties may have an opportunity to more fully 14 explore the ongoing efforts to resolve the case before mediation and for the Case Management 15 Conference to be held after the mediation in order to better inform the Court of the status of the 16 case. Pending this Court’s agreement to a short postponement, counsel for the parties have 17 agreed to hold the mediation in this matter on Monday, June 9, 2014. 18 WHEREAS, although the parties have jointly requested previous modifications of time 19 (see D.I. 32, 37, 51, and 55), the current proposed modification to the dates set for the Case 20 Management Conference and Mediation Completion will not affect any other currently set dates. 21 Accordingly, the parties respectfully request that the following dates apply: 22 23 Event Dates 24 Case Management Conference June 10, 2014 25 Mediation Completion (ADR L.R. 6-3) June 30, 2014 26 27 NOW THEREFORE, IT IS STIPULATED AND AGREED that the date for the Case Management Conference be reset to June 10, 2014. The following dates would therefore apply: 28 1 STIPULATED REQUEST FOR ORDER ENLARGING TIME C-12-4813 WHO 1 Event 2 Case Management Conference 4 June 10, 2014 Mediation Completion (ADR L.R. 6-3) 3 June 30, 2014 SO STIPULATED this 1st day of April 2014. 5 6 Dates KAYE SCHOLER LLP BARTKO, ZANKEL, BUNZEL & MILLER ROTHWELL, FIGG, ERNST & MANBECK PC By: By: 7 8 9 10 /s/ Michael J. Malecek Michael J. Malecek Attorneys for Plaintiff ASTERIAS BIOTHERAPEUTICS, INC. /s/ Jayne Laiprasert Jayne Laiprasert Attorneys for Defendant VIACYTE, INC. 11 12 -oOo13 14 SIGNATURE ATTESTATION 15 Pursuant to General Order 45.X(b), I hereby attest that concurrence has been obtained 16 from Benjamin K. Riley indicated by a “conformed” signature (/s/) within this e-filed document. 17 18 /s/ Michael J. Malecek Michael J. Malecek 19 20 -oOo- 21 ORDER 22 23 24 25 26 PURSUANT TO STIPULATION, IT IS SO ORDERED. The Court is very unlikely to continue this matter further, and expects a Joint Case Management Statement to be filed by the parties on or before June 3, 2014 that sets forth a proposed case management schedule in the event the case does not settle prior to that date. Dated: April 2, 2014 HON. WILLIAM H. ORRICK Judge of the United States District Court 27 28 2 STIPULATED REQUEST FOR ORDER ENLARGING TIME C-12-4813 WHO

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