The Florey Institute of Neuroscience and Mental Health v. Kleiner Perkins Caufield & Byers et al

Filing 78

Order by Hon. Samuel Conti granting 71 Motion for Hearing. The January 24, 2014 hearing date is vacated. All dates currently set in the scheduling order are vacated. If necessary, the parties shall meet and confer to propose a revised case management schedule no later than thirty (30) days following the Court's order on the two motions to dismiss. A new case management conference is set for April 4, 2014. (sclc2, COURT STAFF) (Filed on 1/14/2014)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 United States District Court For the Northern District of California 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ) Case No. CV 12-6504 SC ) THE FLOREY INSTITUTE OF ) ORDER RE: CASE SCHEDULING NEUROSCIENCE AND MENTAL HEALTH, ) ) Plaintiff, ) ) v. ) ) KLEINER PERKINS CAUFIELD & ) BYERS, KPCB HOLDINGS, INC., ) DOMAIN ASSOCIATES, LLC, DOMAIN ) PARTNERS V, L.P., DP V ) ASSOCIATES, L.P., DOMAIN ) PARTNERS VII, L.P., DP VII ) ASSOCIATES, L.P., SEARS CAPITAL ) MANAGEMENT, LOWELL SEARS, ) Individually and as Trustee of ) The Sears Trust and The Sears ) Trust Dated 3/11/91, CAXTON ) ADVANTAGE VENTURE PARTNERS, ) L.P., CAXTON ADVANTAGE ) LIFE SCIENCES FUND, L.P., ) STANLEY E. ABEL, PETER M. ) BREINING, AND THOMAS. G. ) WIGGANS, ) ) Defendants. ) ) ) 24 25 Defendant Thomas G. Wiggans ("Defendant") recently filed an 26 administrative motion to set a uniform hearing date on this case's 27 pending motions to dismiss and to suspend all other dates in this 28 case's scheduling order. ECF No. 71 ("Mot."); see also ECF No. 29 1 ("Scheduling Order"). 2 in the motion. 3 motion, arguing that the Court should not suspend its earlier 4 scheduling order, but that it should extend discovery by two or 5 three months and accordingly move the now-scheduled May 2014 trial 6 to a later date. 7 position on setting a uniform hearing date for the pending motions 8 to dismiss, though it asks the Court not to defer consideration of 9 the later-filed motion. United States District Court For the Northern District of California 10 The other above-captioned Defendants joined ECF No. 73 ("Joinder"). ECF No. 75 ("Opp'n"). Plaintiff opposes the Plaintiff takes no Having considered the briefs and related papers, the Court 11 GRANTS Defendant's administrative motion as modified. The January 12 24, 2014 hearing date on the earlier-filed motion to dismiss, ECF 13 No. 53, is VACATED. 14 hearing date for the later-filed motion to dismiss is undisturbed. 15 See ECF No. 77 (set for hearing on February 21, 2014). 16 currently set in the Scheduling Order are VACATED. 17 the parties shall meet and confer to propose a revised case 18 management schedule no later than thirty (30) days following the 19 Court's order on the two motions to dismiss. 20 conference is set for April 4, 2014. That motion will be heard on the papers. The All dates If necessary, A new case management 21 22 IT IS SO ORDERED. 23 24 Dated: January 14, 2013 25 UNITED STATES DISTRICT JUDGE 26 27 28 2

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