Biotechnology Value Fund, L.P. et al v. Celera Corporporation et al

Filing 234

ORDER GRANTING 231 STIPULATION AND ORDER SHORTENING TIME ON DEFENDANTS' MOTION TO EXCLUDE THE OPINIONS OF PLAINTIFFS' DAMAGES EXPERT ADAM WERNER.(whalc2, COURT STAFF) (Filed on 12/15/2014)

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Neil A. Goteiner (State Bar No. 083524)
[e-mail]
C. Brandon Wisoff (State Bar No. 121930)
[e-mail]
Karen P. Kimmey (State Bar No. 173284)
[e-mail]
Christoffer Lee (State Bar. No. 280360)
[e-mail]
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendants Celera Corporation, Kathy
Ordoñez, Richard H. Ayers, William G. Green, Peter
Barton Hutt, Gail K. Naughton, Wayne I. Roe, and
Bennett M. Shapiro

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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BIOTECHNOLOGY VALUE FUND,
L.P.; BIOTECHNOLOGY VALUE
FUND II, L.P.; INVESTMENT 10, L.L.C.;
BVF INVESTMENTS, L.L.C.; BVF INC.;
and BVF X, LLC,

Plaintiffs,

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Case No. CV-13-3248-WHA-DMR

STIPULATION AND [PROPOSED]
ORDER SHORTENING TIME ON
DEFENDANTS’ MOTION TO EXCLUDE
THE OPINIONS OF PLAINTIFFS’
DAMAGES EXPERT ADAM WERNER

vs.
CELERA CORPORATION; CREDIT
SUISSE SECURITIES (USA) LLC;
KATHY ORDOÑEZ; RICHARD H.
AYERS; WILLIAM G. GREEN; PETER
BARTON HUTT; GAIL K. NAUGHTON;
WAYNE I. ROE; and BENNETT M.
SHAPIRO,
Defendants.
In accordance with Civil Local Rules 6-1 and 6-2, the parties – consisting of Plaintiffs
Biotechnology Value Fund, L.P., Biotechnology Value Fund II, L.P., Investment 10, L.L.C.,

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STIPULATION AND [PROPOSED] ORDER SHORTENING TIME ON DEFS.’ MOTION TO
EXCLUDE OPINIONS OF PLAINTIFFS’ DAMAGES EXPERT ADAM WERNER
Case No. CV-13-3248-WHA

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BVF Investments, L.L.C., BVF Inc., and BVF X, LLC (collectively, “Plaintiffs”) and Defendants

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Celera Corporation, Kathy Ordoñez, Richard H. Ayers, William G. Green, Peter Barton Hutt,

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Gail K. Naughton, Wayne I. Roe, and Bennett M. Shapiro (collectively, “Defendants”) –

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respectfully submit this Stipulation, with the accompanying Proposed Order, allowing

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Defendants’ Motion to Exclude the Opinions of Plaintiffs’ Damages Expert Adam Werner (the

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“Motion”) to be heard on 34 day’s notice – i.e. January 15, 2015 (as if the Motion had been filed

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and noticed yesterday).

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WHEREAS:

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1.

On December 11, 2014, a storm deluged San Francisco and knocked out power to

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much of downtown San Francisco, including the Russ Building at 235 Montgomery Street. The

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offices of Defendants’ Counsel, Farella Braun + Martel LLP (“Farella”), were without power for

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much of the business day and employees were not allowed to enter the building while it was

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without power.

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2.

Counsel for Defendants intended to file the Motion on December 11, 2014, but we

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could not access and generate our documents for filing as the power outage shut down Farella’s

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computer and email systems. Counsel for Defendants also received an email message from Clerk

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of the Court Richard Wieking notifying us that the San Francisco division of the U.S. District

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Court for the Northern District of California also closed due to a major power outage.

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3.

On December 12, 2014, Christoffer Lee, counsel for Defendants, contacted Marc

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Pilotin, counsel for Plaintiffs, and requested a stipulation to have the Motion heard on shortened

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time – 34 days’ notice instead of 35 – provided that shortening time would not prejudice Plaintiffs

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or the Court. (See Lee Decl. ¶ 3.) Accordingly, Defendants agree to reduce by one day the time

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in which to reply to Plaintiffs’ anticipated opposition to the Motion. By taking one day out of

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Defendants’ reply time, both Plaintiffs and the Court would have the same amount of time to

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review as if the Motion were filed yesterday.

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4.

The parties, therefore, jointly request that the Motion be heard at the Court’s civil

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law and motion calendar on Thursday, January 15, 2015 at 8:00 A.M. The parties stipulate that

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Plaintiffs’ opposition would be due on December 26, 2014, and that Defendants’ reply would be
STIPULATION AND [PROPOSED] ORDER SHORTENING TIME ON DEFS.’
MOTION TO EXCLUDE OPINIONS OF PLAINTIFFS’ DAMAGES EXPERT ADAM
WERNER -- Case No. CV-13-3248-WHA

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30738\4678116.1

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served and filed on January 1, 2015. As January 1, 2015 is a Court holiday, it would be deemed

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filed on January 2, 2015.

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5.

The parties do not anticipate that this requested modification will have an effect on

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the schedule as this modification would not interfere with the final pretrial conference, which is

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set for February 4, 2015.

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6.

All other previous time modifications in the case, whether by stipulation or

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proposed order, are reflected in the Court’s November 1, 2013 First Order (Docket No. 59),

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August 12, 2014 Second Order (Docket No. 158), and Orders granting and denying requests by

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the parties to extend briefing with respect to the Fall 2013 motion to dismiss. (See Docket Nos.

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31, 55, 58, and 67.) Additionally, on November 18, 2014, pursuant to the stipulation of the

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parties, the Court permitted Defendants’ motion for summary judgment to be heard on January 8,

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2015 in light of the interaction between the Court’s scheduling orders and the Court’s closure on

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December 25, 2014 and January 1, 2015. (See Stipulation and Order Modifying Hearing Date for

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Summary Judgment (Docket No. 195).)

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7.

A settlement conference is set for January 6, 2015 before Magistrate Judge Ryu.

(See Docket No. 218.)
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Accordingly, the parties hereby stipulate, subject to the Court’s approval, that

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Defendants may set their hearing on the Motion to Exclude the Opinions of Plaintiffs’ Damages

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Expert Adam Werner on January 15, 2015 at 8:00 A.M., with Plaintiffs’ opposition due

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December 26, 2014 and Defendants’ reply due January 1, 2015.

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ATTESTATION: Pursuant to General Order 45, Part X-B, the filer attests that concurrence in

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the filing of this document has been obtained from each of the signatories.

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STIPULATION AND [PROPOSED] ORDER SHORTENING TIME ON DEFS.’
MOTION TO EXCLUDE OPINIONS OF PLAINTIFFS’ DAMAGES EXPERT ADAM
WERNER -- Case No. CV-13-3248-WHA

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Dated: December 12, 2014

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By: /s/ C. Brandon Wisoff
C. Brandon Wisoff

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FARELLA BRAUN + MARTEL LLP

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Attorneys for Defendants Celera
Corporation, Kathy Ordoñez, Richard H.
Ayers, William G. Green, Peter Barton
Hutt, Gail K. Naughton, Wayne I. Roe, and
Bennett M. Shapiro

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Dated: December 12, 2014

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By: Marc A. Pilotin
Marc A. Pilotin

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Richard M. Heimann (Cal. Bar No. 063607)
Joy A. Kruse (Cal. Bar No. 142799)
Bruce W. Leppla (Cal. Bar No. 071649)
Marc A. Pilotin (Cal. Bar No. 266369)
LIEFF, CABRASER, HEIMANN &
BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]

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Michael J. Miarmi (admitted pro hac vice)
LIEFF, CABRASER, HEIMANN &
BERNSTEIN, LLP
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiffs

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: December __, 2014.

____________________________
William Alsup
United States District Judge

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STIPULATION AND [PROPOSED] ORDER SHORTENING TIME ON DEFS.’
MOTION TO EXCLUDE OPINIONS OF PLAINTIFFS’ DAMAGES EXPERT ADAM
WERNER -- Case No. CV-13-3248-WHA

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