AllCells, LLC v. Jack Zhai et al

Filing 125

STIPULATION AND ORDER re 124 re Joint Request for Stay Pending Settlement filed by James Lee, Jack Zhai. Signed by Judge Edward M. Chen on 5/1/17. (bpf, COURT STAFF) (Filed on 5/1/2017)

Lily Lim (SBN 214536)
[e-mail]
Michael Liu Su (SBN 300590)
[e-mail]
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
3300 Hillview Avenue
Palo Alto, CA 94304-1280
Telephone:
[phone]
Facsimile:
[phone]

J. James Li (SBN 202855)
1 Tony Abdollahi (SBN 157235)
LILAW, INC.
2 5050 El Camino Real, Suite 200
Los Altos, California 94022
3 Telephone: [phone]
Facsimile: [phone]
4 Email: [e-mail]
5 Attorneys for Plaintiff
ALLCELLS, LLC
6

Attorneys for Defendant
CEPHEUS BIOSCIENCES, INC.

7

Peggy Chang (SBN 144364)
[e-mail]
Margaret J. Allen (SBN 114613)
[e-mail]
BURESH, KAPLAN, FELLER & CHANG
2298 Durant Avenue
Berkeley, California 94704
Telephone: [phone]
Facsimile: [phone]

8 Mark S. Zhai (SBN 287988)
[e-mail]
9 7660 Beverly Blvd. Apt. 307
Los Angeles, CA 90036-2734
10 Telephone:
[phone]
Facsimile:
[phone]
11
Attorney for Defendants
12 JACK ZHAI AND JAMES LEE
13

Attorneys for Defendant
CEPHEUS BIOSCIENCES, INC.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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18 ALLCELLS, LLC, a California Limited
Liability Company
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Plaintiff,
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Case No.: 3:16-cv-7323-EMC

v.

22 JACK ZHAI, an individual, JAMES LEE, an
individual, and CEPHEUS BIOSCIENCES,
23 INC., a Delaware Company
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JOINT STIPULATED REQUEST AND
[PROPOSED] ORDER TO STAY
PROCEEDINGS PENDING
CONSUMMATION OF SETTLEMENT
AGREEMENT

Defendants.

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Defendants Jack Zhai, James Lee, and Cepheus Biosciences, Inc. (collectively
“Defendants”) and Plaintiff AllCells, LLC (“Plaintiff”), through their undersigned attorneys,
hereby jointly notify the Court that the parties have reached an agreement to settle this matter,
1

JOINT STIPULATED REQUEST FOR A STAY
PENDING SETTLEMENT
CASE NO.: 3:16-cv-7323

1 and respectfully request an order from the Court to stay proceedings for seven days so that the
2 parties can reduce the agreement to writing.
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JOINT DECLARATION OF THE PARTIES:

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1. The parties settled this matter during the Settlement Conference on April 17, 2017

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before Chief Magistrate Judge Speiro and a binding settlement agreement has

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been entered verbally into the record (D.I. 121).

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2. The parties are currently working to reduce the agreement to writing and
anticipate filing a joint stipulation of settlement within seven days.
3. The deadline for Defendants to file their Answer and Counterclaims is currently
set for April 24, 2017.
THEREFORE, the parties jointly request that the Court stay all deadlines in this case for

12 seven days, specifically including the deadline for Defendants to file their Answer and
13 Counterclaims.
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Dated: April 24, 2017

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FINNEGAN, HENDERSON, FARABOW,
GARRETT, DUNNER, LLP
By:

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Dated: April 24, 2017

/s/ Lily Lim
Lily Lim
Attorneys for Defendant
CEPHEUS BIOSCIENCES, INC.

BURESH, KAPLAN, FELLER & CHANG
By:

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/s/ Peggy Chang
Peggy Chang
Attorneys for Defendant
CEPHEUS BIOSCIENCES, INC.

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2

JOINT STIPULATED REQUEST FOR A STAY
PENDING SETTLEMENT
CASE NO.: 3:16-cv-7323

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Dated: April 24, 2017
By:

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/s/ Mark S. Zhai
Mark S. Zhai
Attorney for Defendants
JACK ZHAI AND JAMES LEE

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Dated: April 24, 2017

LILAW, INC.

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By:

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/s/ J. James Li
J. James Li
Attorney for Plaintiff
ALLCELLS, LLC

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Having considered the foregoing joint stipulated request, TRIfinding that good cause
S DIS and C

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PURSUANT TO THE JOINT STIPULATION, IT IS SO ORDERED.
ED

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5/1
Dated: _________, 2017

S

R NIA

UNIT
ED

ORDER

By: ____________________________________
. Chen
HON.dEDWARDM CHEN
dward M.
Ju ge E
United States District Judge

ER

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FO

NO

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D IS T IC T
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OF

C

Attestation re Electronic Signatures

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O
IT IS S

RT
U
O

TC
TE
TA
13 exists to stay this proceeding and all deadlines in this matter for seven days,

I, Mark S. Zhai, attest pursuant to Northern District Local Rule 5-1(i)(3) that all other

22 signatories to this document, on whose behalf this filling is submitted, concur in the filing’s
23 content and have authorized this filing.
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Dated: April 24, 2017

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By:

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/s/ Mark S. Zhai
Mark S. Zhai

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3

JOINT STIPULATED REQUEST FOR A STAY
PENDING SETTLEMENT
CASE NO.: 3:16-cv-7323