Sit et al v. Genentech, Inc. Tax Reduction Investment Plan et al

Filing 40

ORDER Second Stipulation for Extension of Time to Respond to Motions. Defendants Opposition due by November 13,2012; and Plaintiffs Reply due by November 20,2012. Signed by Judge Susan Illston on 10/31/12. (tfS, COURT STAFF) (Filed on 11/1/2012)

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NICOLE A. DILLER, SBN 154842
ALISON B. WILLARD, SBN 268672
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, California 94105-1126
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
GENENTECH, INC., TAX
REDUCTION INVESTMENT PLAN
WENDELL H. GODDARD, SBN 65944
GODDARD LAW OFFICES
483 Ninth Street, Suite 200
Oakland, CA 94607
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiffs
KINFONG SIT and MEE WAI CHIU

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SECOND STIPULATED REQUEST
FOR ORDER CHANGING TIME

Plaintiffs,

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Case No. 3:12-cv-04864-SI

KINFONG SIT, an individual; and MEE
WAI CHIU, an individual,

v.

Civ. L.R. 6-1(b), 6-2(a), 7-12

GENENTECH, INC., TAX REDUCTION
INVESTMENT PLAN; AYUMI
NAKAMOTO; and DOES 1 to 20,

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Defendants.

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Pursuant to Civil Local Rules 6-1(b), 6-2(a) and 7-12, Plaintiffs Kinfong Sit and Mee Wai

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Chiu (“Plaintiffs”) and Defendant Genentech, Inc. Tax Reduction Investment Plan (the “Plan”),

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by their respective counsel, stipulate and agree as follows:

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1.

On October 4, 2012, Plaintiffs filed a motion to remand this case back to state

court, Dkt. No. 18, a motion for a preliminary injunction, Dkt. No. 19, and a motion for sanctions

DB2/ 23636751.1

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SECOND STIPULATED REQUEST
FOR ORDER CHANGING TIME

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against the Plan, Dkt. No. 20.

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October 18, 2012.

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3.

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The Plan’s responses to these motions originally were due to be filed on or before

On October 4 and 16, 2012, counsel for Plaintiffs and the Plan conferred by

telephone with respect to Plaintiffs’ motions and the related briefing schedules.

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4.

Plaintiffs agreed to extend the deadline for the Plan to respond to the motions by

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two weeks, to November 1, 2012, in order to permit Plaintiffs and the Plan additional time to

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confer in an effort to reach an amicable resolution of the issues raised in the motions.

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5.

On October 16, 2012, the parties filed a stipulation to that effect. See Dkt. No. 29.

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6.

On October 23, 2012, the Court entered an order resetting the response deadlines

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for all three motions to November 1, 2012. See Dkt. No. 35.

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7.

Since that time, including on October 23, 2012 and October 29, 2012, counsel for

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Plaintiffs and the Plan have further conferred to try to resolve Plaintiffs’ motions. The parties

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also have discussed a potential stipulation regarding case management matters, a part of which

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will involve Plaintiffs’ withdrawal of the pending motions. The parties’ negotiations in that

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regard are ongoing.

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8.

Accordingly, the parties respectfully request that the Court again continue the

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response deadlines for the three pending motions so that they may conclude efforts to resolve the

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pending motions without need for the Court’s involvement. Should those efforts not result in the

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withdrawal of the motions, the parties respectfully request the following briefing schedules:

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Defendant’s Opposition due by November 13, 2012; and

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Plaintiff’s Reply due by November 20, 2012.

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DB2/ 23636751.1

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SECOND STIPULATED REQUEST
FOR ORDER CHANGING TIME

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9.

The parties further request that the hearing date for the motions be moved to

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Friday, November 30, 2012 at 9:00 a.m.

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IT IS SO STIPULATED.

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Dated: October 30, 2012

/s/ Nicole A. Diller
Nicole A. Diller, SBN 154842
MORGAN, LEWIS & BOCKIUS LLP
Attorneys for Defendant
GENENTECH, INC. TAX
REDUCTION INVESTMENT PLAN

Dated: October 30, 2012

/s/ Wendell H. Goddard
Wendell H. Goddard, SBN 65944
GODDARD LAW OFFICES
Attorneys for Plaintiffs
KINFONG SIT and MEE WAI CHIU

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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10/31/12
Susan Illston, United States District Judge

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DB2/ 23636751.1

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SECOND STIPULATED REQUEST
FOR ORDER CHANGING TIME

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NICOLE A. DILLER, SBN 154842
ALISON B. WILLARD, SBN 268672
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, California 94105-1126
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendant
GENENTECH, INC., TAX
REDUCTION INVESTMENT PLAN

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DECLARATION OF NICOLE A. DILLER
IN SUPPORT OF SECOND
STIPULATED REQUEST FOR ORDER
CHANGING TIME

Plaintiffs,

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Case No. 3:12-cv-04864-SI

KINFONG SIT, an individual; and MEE
WAI CHIU, an individual,

v.
GENENTECH, INC., TAX REDUCTION
INVESTMENT PLAN; AYUMI
NAKAMOTO; and DOES 1 to 20,

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Civ. L.R. 6-1(b), 6-2(a), 7-12

Defendants.

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I, Nicole A. Diller, declare and state as follows:

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1.

I am a partner at the law firm of Morgan, Lewis & Bockius LLP, attorneys of

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record for Defendant Genentech, Inc. Tax Reduction Investment Plan (the “Plan”). I am licensed

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to practice law in the State of California. Except as otherwise indicated, I have direct and

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personal knowledge of the facts set forth in this Declaration and, if called and sworn as a witness,

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I would competently testify to these facts.

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2.

On October 4, 2012, Plaintiffs filed a motion to remand this case back to state

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court, Dkt. No. 18, a motion for a preliminary injunction, Dkt. No. 19, and a motion for sanctions

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against the Plan, Dkt. No. 20.

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3.

counsel for Plaintiffs in this action, regarding these motions. However, the parties were unable to

M ORGAN , L EWIS &
B OCKIUS LLP

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ATTO RNEY S AT LAW
SAN FRA NCI SCO

On October 4, 2012 and October 16, 2012, I conferred with Wendell H. Goddard,

DB2/ 23636776.1

DECLARATION OF
NICOLE A. DILLER IN SUPPORT OF
SECOND STIPULATED REQUEST

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reach a complete resolution of the motions before the approaching deadline for the Plan’s

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responses, October 18, 2012. The parties therefore stipulated to and obtained an extension of

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time for the Plan to respond to the motions until November 1, 2012.

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I understand that on October 23, 2012, my co-counsel Alison Willard further

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conferred with Mr. Goddard to try to resolve the pending motions. On October 26, 2012, I

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received a copy of Ms. Willard’s letter to Mr. Goddard confirming that conversation.

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5.

On October 29, 2012, Ms. Willard and I again conferred with Mr. Goddard and his

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co-counsel Barry Sacks to try to resolve the pending motions. We discussed the possibility of a

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stipulation on certain matters and Plaintiffs’ withdrawal of all pending matters as part of that

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agreement.

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6.

The parties require addition time to conclude these discussions, including

conferring with defendant Ayumi Nakamoto’s counsel regarding the proposed resolution.

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Accordingly, the parties respectfully request that the Court extend the time for the

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Plan to respond to the pending motions to and including November 13, 2012; and that Plaintiffs

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have until November 20, 2012 to reply.

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8.

The requested time modification will require rescheduling the hearing on the

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pending motions from November 16, 2012 to a later date. The parties propose the hearing on the

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pending motions, should they proceed, be rescheduled for November 30, 2012 at 9:00 a.m.

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Otherwise, the requested time modification will have no effect on the existing schedule for the

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case.

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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and accurate.
Executed this 30th day of October, 2012 at San Francisco, California.

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/s/ Nicole A. Diller
Nicole A. Diller

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M ORGAN , L EWIS &
B OCKIUS LLP

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ATTO RNEY S AT LAW
SAN FRA NCI SCO

DB2/ 23636776.1

DECLARATION OF
NICOLE A. DILLER IN SUPPORT OF
SECOND STIPULATED REQUEST