The Regents of the University of California v. Chen et al

Filing 101

STIPULATION AND ORDER re 100 TO MODIFY DEADLINES filed by Genia Technologies, Inc., Roger Jinteh Arrigo Chen. Discovery due by 7/30/2018. Status Report due by 8/2/2018. Status Conference set for 8/9/2018 10:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Signed by Judge Edward M. Chen on 7/3/18. (bpfS, COURT STAFF) (Filed on 7/3/2018)

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1 2 3 4 5 6 Robert J. Gunther, Jr. (NY SBN: 1967652) robert.gunther@wilmerhale.com Omar Khan (pro hac vice) omar.khan@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 250 Greenwich Street New York, NY 10007 Telephone: (212) 230-8800 Facsimile: (212) 230-8888 7 12 Robert M. Galvin (State Bar No. 171508) robert.galvin@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road Palo Alto, CA 94304 Telephone: (650) 858-6000 Facsimile: (650) 858-6100 13 (Additional Counsel on Signature Page) 14 Counsel for Genia Technologies, Inc. and Roger Jinteh Arrigo Chen 8 9 10 11 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 16 17 18 19 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California corporation, 20 21 22 23 24 25 Plaintiff, vs. ROGER JINTEH ARRIGO CHEN, an individual; GENIA TECHNOLOGIES, INC., a Delaware corporation; and DOES 1-25, Defendants. 26 27 28 JOINT STIPULATION TO MODIFY DEADLINES CASE NO. 3:16-CV-7396-EMC Case No. 3:16-cv-7396-EMC JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY DEADLINES (modified) 1 Plaintiff Regents of the University of California’s (“Plaintiff”) and Defendants Roger 2 Jinteh Arrigo Chen (“Chen”) and Genia Technologies, Inc. (“Genia”) and, together with Chen, 3 “Defendants”) (collectively, Plaintiff and Defendants are referred to as the “Parties”), have met- 4 and-conferred and jointly stipulate and request as follows: 5 WHEREAS, following a mediation held on May 1, 2018, the Parties have entered into an 6 agreement in principle to settle this case, and the Parties require additional time to finalize a 7 definitive settlement agreement so that the case may be dismissed in its entirety following the 8 execution of that definitive agreement. 9 WHEREAS, the Court has previously entered stipulations order extending deadlines to 10 allow the parties to finalize the settlement agreement (Docs. 95, 98), and the parties now require 11 additional time. 12 WHEREAS, the Parties have agreed to suspend further discovery activity and deadlines 13 until July 30, 2018 (including any deadlines for briefing relating to any motions pending before 14 the Court) while the Parties finalize the definitive agreement. 15 16 WHEREAS, the Parties are working diligently to finalize the definitive agreement and anticipate doing so within the coming two weeks. 17 WHEREAS, in accordance with their agreed suspension of discovery activity and 18 deadlines, the Parties respectfully request the following modifications of additional deadlines set 19 by the Court: 20 1. The Court has set a Status Conference in this case for July 19, 2018 (Doc. 98). In 21 order to allow the Parties time to finalize their settlement, the Parties hereby agree 22 and request that the Court re-set this Status Conference for August 9, 2018, as noted in 23 the Proposed Order attached hereto, or for an alternate date in early August 2018 24 convenient for the Court. 25 2. In its June 5, 2018 order (Doc. 98), the Court re-set the hearing on Defendants’ 26 Motion to Join Oxford Nanopore Technologies, Inc. (Doc. 87) (“Defendants’ 27 Motion”) to September 6, 2018, and the deadlines for the Parties to file their response and 28 JOINT STIPULATION TO MODIFY DEADLINES CASE NO. 3:16-CV-7396-EMC 1 1 reply in connection with this motion to July 20, 2018 and August 3, 2018, respectively. 2 In order to allow the Parties time to finalize their settlement, the Parties hereby agree and 3 request that, as noted in the Proposed Order attached hereto: the time for Plaintiff 4 to file its Response to Defendants’ Motion be extended to and including, August 10, 5 2018; the time for Defendants to file their reply in support of Defendants’ Motion be 6 extended to and including August 24, 2018; and the hearing on Defendants’ Motion be 7 re-set for September 13, 2018. 8 3. In its June 5, 2018 order (Doc. 98), the Court set a deadline of July 11, 2018 for 9 Defendants to file revised documents pursuant to Local Rule 79-5(f) in accordance with 10 the Court’s April 27, 2018 order (Doc. 94). In order to allow the Parties additional time 11 to finalize their settlement, the Parties hereby agree and request that the time for 12 Defendants to file these revised documents pursuant to Local Rule 79-5(f) be extended to 13 and including July 25, 2018, as noted in the Proposed Order attached hereto. 14 15 4. In its April 3, 2018 (Doc. 85) order modifying trial deadlines, the Court set the following deadlines: 16 a. Dispositive Motions: Last day to be heard 11/18/2018 at 1:30pm; 17 b. Non-Expert Discovery Cut-Off: 7/2/2018; 18 c. Opening Expert Reports: 8/16/2018; 19 d. Rebuttal Expert Reports: 9/6/2018; 20 e. Expert Discovery Cut-Off: 9/27/2018; 21 22 In order to permit the parties to finalize their settlement agreement, the parties respectfully request that the Court extend those deadlines as follows: 15 23 a. Dispositive Motions: Last day to be heard 11/25/2018 at 1:30pm; 24 b. Non-Expert Discovery Cut-Off: 7/30/2018; 25 c. Opening Expert Reports: 8/30/2018; 26 d. Rebuttal Expert Reports: 9/20/2018; 27 e. Expert Discovery Cut-Off: 10/4/2018; 28 JOINT STIPULATION TO MODIFY DEADLINES CASE NO. 3:16-CV-7396-EMC 2 1 2 WHEREAS, the Parties have met and conferred and agree that there is good cause for 3 these stipulated modifications, and that this stipulation is not made for purposes of delay, but 4 rather so that the Parties can finalize the settlement of this case, which they are working 5 diligently to do. Thus, the Parties respectfully request that the Court sign the Proposed Order 6 attached hereto. 7 8 SO STIPULATED 9 10 11 12 DATE: July 1, 2018 BAKER BOTTS LLP WILMER CUTLER PICKERING HALE AND DORR LLP By: /s/ Stuart C. Plunkett_____ Stuart C. Plunkett (SBN 187971) stuart.plunkett@bakerbotts.com Ariel D. House (SBN 280477) ariel.house@bakerbotts.com 101 California Street, Suite 3070 San Francisco, California 94111 Telephone: (415) 291-6200 Facsimile: (415) 291-6300 /s/ Robert J. Gunther, Jr. Robert J. Gunther, Jr. (NY: 1967652) robert.gunther@wilmerhale.com Omar Khan (pro hac vice) omar.khan@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 250 Greenwich Street New York, NY 10007 Telephone: (212) 230-8800 Facsimile: (212) 230-8888 Paul R. Morico (pro hac vice) paul.morico@bakerbotts.com Elizabeth D. Flannery (pro hac vice) liz.flannery@bakerbotts.com One Shell Plaza 901 Louisiana Street Houston, Texas 77002 Telephone: (713) 229-1234 Facsimile: (713) 229-1522 Robert M. Galvin (State Bar No. 171508) robert.galvin@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road Palo Alto, CA 94304 Telephone: (650) 858-6000 Facsimile: (650) 858-6100 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Sarah B. Petty (pro hac vice) sarah.petty@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, MA 02109 Counsel for Plaintiff The Regents of the University of California 28 JOINT STIPULATION TO MODIFY DEADLINES CASE NO. 3:16-CV-7396-EMC 3 Telephone: (617) 526-6000 Facsimile: (617) 526-5000 1 2 Nora Q.E. Passamaneck (pro hac vice) nora.passamaneck@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 1225 17th Street, Suite 2600 Denver, CO 80202 Telephone: (720) 274-3135 Facsimile: (720) 274-3133 3 4 5 6 7 Counsel for Genia Technologies, Inc. and Roger Jinteh Arrigo Chen 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION TO MODIFY DEADLINES CASE NO. 3:16-CV-7396-EMC 4 1 2 ATTORNEY ATTESTATION I, Robert B. Gunther, am the ECF User whose ID and password are being used to file this 3 Stipulation. In compliance with N.D. Cal. Civil L.R. 5-1(i)(3), I hereby attest that the 4 concurrence in the filing of the document has been obtained from each of the signatories. 5 /s/ Robert B. Gunther Robert B. Gunther 6 7 8 9 10 11 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the above and foregoing document has been served on July 1, 2018, to all counsel of record who are deemed to have consented to electronic service via the Court’s CM/ECF system. 12 /s/ Robert B. Gunther Robert B. Gunther 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION TO MODIFY DEADLINES CASE NO. 3:16-CV-7396-EMC 5 1 [PROPOSED] ORDER 2 3 IT IS SO ORDERED that the foregoing Joint Stipulation is approved. 4 The Court HEREBY ORDERS as follows: 7 8 9 10 11 12 13 14 15 16 17 1. The Status Conference in this case for July 19, 2018 is hereby vacated and reset for August 9, 2018. 2. The deadline for Plaintiff to file its response to Defendants’ Motion to Joint Oxford Nanopore Technologies, Inc. (Doc. 87) shall be extended to and including August 10, 2018, and the deadline for Defendants to file any reply for that Motion shall be extended to August 24, 2018. 3. Defendants’ Motion to Join Oxford Nanopore Technologies, Inc. shall be set for hearing on September 13, 2018. 4. The deadline for Defendants to file revised documents pursuant to Local Rule 79-5(f) in accordance with the Court’s April 27, 2018 order (Doc. 94) shall be extended to and including July 25, 2018. 5. The following modified deadlines are hereby ordered, replacing the previously-ordered dates for these deadlines: 18 21 Dispositive Motions: Non-Expert Discovery Cut-Off: Opening Expert Reports: Rebuttal Expert Reports: Expert Discovery Cut-Off: Last day to be heard 11/25/2018 at 1:30pm; 7/30/2018; 8/30/2018; 9/20/2018; S DISTRICT TE 10/4/2018; C A S UNIT ED 23 T RT U O 22 _______________________________ DERED Edward M. ChenIS SO OR IT IED United States DistrictMODIF S Court Judge A 7/3/2018 Dated: ______________________ 24 RT 26 dwa Judge E ER H 27 28 JOINT STIPULATION TO MODIFY DEADLINES CASE NO. 3:16-CV-7396-EMC 6 hen rd M. C NO 25 LI 20 a. b. c. d. e. A 19 15 R NIA 6 FO 5 N F D IS T IC T O R C

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