AllCells, LLC v. Jack Zhai et al

Filing 112

ORDER by Judge Edward M. Chen re 110 , 111 Early Summary Adjudication Proceedings. (emclc2, COURT STAFF) (Filed on 3/31/2017)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

ALLCELLS, LLC,
Plaintiff,

8

ORDER RE EARLY SUMMARY
ADJUDICATION PROCEEDINGS

9

v.

10

JACK ZHAI, et al.,

Docket Nos. 110-11

Defendants.

11
12
For the Northern District of California

United States District Court

Case No. 16-cv-07323-EMC

13

Previously, the Court ordered the parties to meet and confer regarding early summary

14

adjudication. See Docket No. 98 (minutes). The parties met and conferred but were not able to

15

reach agreement, as reflected in the parties’ filings at Docket Nos. 110 and 111. Having reviewed

16

the parties’ filings, the Court hereby orders as follows.

17
18
19

(1)

To the extent AllCells is asking the Court to reconsider its prior ruling permitting

an early summary adjudication process, the request is denied.
(2)

To the extent AllCells is asking the Court to rule that Defendants are precluded

20

from filing another summary judgment/adjudication motion later in the proceedings (i.e., closer to

21

trial), the request is denied.

22

(3)

As to the process for picking the ten bellwether (alleged) trade secrets, each party

23

shall select five. The Court rejects AllCells’s view that Defendants should pick all ten (“the

24

weakest trade secrets in their view”). Docket No. 110 (Letter at 3). The point of this process is

25

not only to potentially streamline the case but also to potentially encourage settlement and to

26

provide a representative sampling of common or typical issues/scenarios.

27
28

(4)

The parties shall meet and confer and finalize the ten bellwether (alleged) trade

secrets by April 21, 2017.

1
2
3

(5)

Discovery on the ten bellwether (alleged) trade secrets shall be completed by June

2, 2017.
(6)

Defendants shall file their early motion for summary adjudication by June 8, 2017.

4

The hearing on the motion shall be on July 13, 2017, at 1:30 p.m. The briefing schedule shall

5

comply with the Civil Local Rules.

6

This order disposes of Docket Nos. 110 and 111.

7
8

IT IS SO ORDERED.

9
10

12
For the Northern District of California

United States District Court

11

Dated: March 31, 2017
______________________________________
EDWARD M. CHEN
United States District Judge

13
14
15
16
17
18
19
20
21

22
23
24
25
26
27
28

2