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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Michael J. Malecek (State Bar No. 171034)
Email address:
[e-mail]
Sean Boyle (State Bar No. 238128)
Email address: [e-mail]
K. Nicole. Buck (State Bar No. 291900)
Email address: [e-mail]
KAYE SCHOLER LLP
Two Palo Alto Square, Suite 400
3000 El Camino Real
Palo Alto, California 94306-2112
Telephone:
[phone]
Facsimile:
[phone]

Benjamin K. Riley (State Bar No. 112007)
Email address: [e-mail]
Jayne Laiprasert (State Bar No. 256930)
Email address: [e-mail]
BARTKO, ZANKEL, BUNZEL & MILLER
One Embarcadero Center, Suite 800
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
R. Danny Huntington (pro hac vice)
Email address: [e-mail]
Sharon E. Crane (pro hac vice)
Email address: [e-mail]
Seth E. Cockrum (pro hac vice)
Email address: [e-mail]
ROTHWELL, FIGG, ERNST & MANBECK,
PC
607 14th Street, N.W., Suite 800
Washington, D.C. 20005
Telephone:
[phone]
Facsimile:
[phone]

Attorneys for Plaintiff
ASTERIAS BIOTHERAPEUTICS, INC.

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Attorneys for Defendant
VIACYTE, INC.

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ASTERIAS BIOTHERAPEUTICS, INC.,
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Plaintiff,
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v.
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VIACYTE, INC.,
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Defendant.
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Case No. 12-cv-04813-WHO

STIPULATED REQUEST FOR ORDER
ENLARGING TIME PURSUANT TO
CIVIL L.R. 6-2; ORDER

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STIPULATED REQUEST FOR ORDER ENLARGING TIME

C-12-4813 WHO

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WHEREAS, on February 13, 2014, Counsel for Plaintiff Asterias and Defendant ViaCyte

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jointly filed a Stipulated Request for Order Enlarging Time Pursuant to Civil L.R. 6-2 (D.I. 55) in

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order to modify the schedule to accommodate ongoing settlement discussions.

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WHEREAS, on February 14, 2014, the Court set the following schedule (D.I. 56):

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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

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engage in ongoing potential settlement discussions. Party representatives met in person on

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February 19, 2014 and principals are continuing to confer in good faith. Consequently, the

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parties are proposing to reset the dates for completion of mediation pursuant to ADR L.R. 6-3,

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and the Case Management Conference so that the parties may have an opportunity to more fully

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explore the ongoing efforts to resolve the case before mediation and for the Case Management

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Conference to be held after the mediation in order to better inform the Court of the status of the

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case. Pending this Court’s agreement to a short postponement, counsel for the parties have

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agreed to hold the mediation in this matter on Monday, June 9, 2014.

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WHEREAS, although the parties have jointly requested previous modifications of time

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(see D.I. 32, 37, 51, and 55), the current proposed modification to the dates set for the Case

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Management Conference and Mediation Completion will not affect any other currently set dates.

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Accordingly, the parties respectfully request that the following dates apply:

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Event

Dates

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Case Management Conference

June 10, 2014

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Mediation Completion (ADR L.R. 6-3)

June 30, 2014

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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:

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STIPULATED REQUEST FOR ORDER ENLARGING TIME

C-12-4813 WHO

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Event

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Case Management Conference

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June 10, 2014

Mediation Completion (ADR L.R. 6-3)

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June 30, 2014

SO STIPULATED this 1st day of April 2014.

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Dates

KAYE SCHOLER LLP

BARTKO, ZANKEL, BUNZEL & MILLER
ROTHWELL, FIGG, ERNST & MANBECK PC

By:

By:

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/s/ Michael J. Malecek
Michael J. Malecek

Attorneys for Plaintiff
ASTERIAS BIOTHERAPEUTICS, INC.

/s/ Jayne Laiprasert
Jayne Laiprasert

Attorneys for Defendant
VIACYTE, INC.

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-oOo13
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SIGNATURE ATTESTATION
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Pursuant to General Order 45.X(b), I hereby attest that concurrence has been obtained
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from Benjamin K. Riley indicated by a “conformed” signature (/s/) within this e-filed document.

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/s/ Michael J. Malecek
Michael J. Malecek

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-oOo-

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ORDER

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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

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STIPULATED REQUEST FOR ORDER ENLARGING TIME

C-12-4813 WHO