The Regents of the University of California v. Chen et al
Filing
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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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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
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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
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(Additional Counsel on Signature Page)
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Counsel for Genia Technologies, Inc.
and Roger Jinteh Arrigo Chen
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
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THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA, a California corporation,
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Plaintiff,
vs.
ROGER JINTEH ARRIGO CHEN, an
individual; GENIA TECHNOLOGIES, INC.,
a Delaware corporation; and DOES 1-25,
Defendants.
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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)
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Plaintiff Regents of the University of California’s (“Plaintiff”) and Defendants Roger
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Jinteh Arrigo Chen (“Chen”) and Genia Technologies, Inc. (“Genia”) and, together with Chen,
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“Defendants”) (collectively, Plaintiff and Defendants are referred to as the “Parties”), have met-
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and-conferred and jointly stipulate and request as follows:
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WHEREAS, following a mediation held on May 1, 2018, the Parties have entered into an
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agreement in principle to settle this case, and the Parties require additional time to finalize a
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definitive settlement agreement so that the case may be dismissed in its entirety following the
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execution of that definitive agreement.
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WHEREAS, the Court has previously entered stipulations order extending deadlines to
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allow the parties to finalize the settlement agreement (Docs. 95, 98), and the parties now require
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additional time.
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WHEREAS, the Parties have agreed to suspend further discovery activity and deadlines
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until July 30, 2018 (including any deadlines for briefing relating to any motions pending before
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the Court) while the Parties finalize the definitive agreement.
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WHEREAS, the Parties are working diligently to finalize the definitive agreement and
anticipate doing so within the coming two weeks.
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WHEREAS, in accordance with their agreed suspension of discovery activity and
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deadlines, the Parties respectfully request the following modifications of additional deadlines set
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by the Court:
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1. The Court has set a Status Conference in this case for July 19, 2018 (Doc. 98). In
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order to allow the Parties time to finalize their settlement, the Parties hereby agree
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and request that the Court re-set this Status Conference for August 9, 2018, as noted in
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the Proposed Order attached hereto, or for an alternate date in early August 2018
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convenient for the Court.
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2. In its June 5, 2018 order (Doc. 98), the Court re-set the hearing on Defendants’
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Motion to Join Oxford Nanopore Technologies, Inc. (Doc. 87) (“Defendants’
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Motion”) to September 6, 2018, and the deadlines for the Parties to file their response and
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JOINT STIPULATION TO MODIFY DEADLINES
CASE NO. 3:16-CV-7396-EMC
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reply in connection with this motion to July 20, 2018 and August 3, 2018, respectively.
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In order to allow the Parties time to finalize their settlement, the Parties hereby agree and
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request that, as noted in the Proposed Order attached hereto: the time for Plaintiff
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to file its Response to Defendants’ Motion be extended to and including, August 10,
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2018; the time for Defendants to file their reply in support of Defendants’ Motion be
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extended to and including August 24, 2018; and the hearing on Defendants’ Motion be
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re-set for September 13, 2018.
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3. In its June 5, 2018 order (Doc. 98), the Court set a deadline of July 11, 2018 for
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Defendants to file revised documents pursuant to Local Rule 79-5(f) in accordance with
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the Court’s April 27, 2018 order (Doc. 94). In order to allow the Parties additional time
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to finalize their settlement, the Parties hereby agree and request that the time for
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Defendants to file these revised documents pursuant to Local Rule 79-5(f) be extended to
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and including July 25, 2018, as noted in the Proposed Order attached hereto.
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4. In its April 3, 2018 (Doc. 85) order modifying trial deadlines, the Court set the following
deadlines:
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a. Dispositive Motions:
Last day to be heard 11/18/2018 at 1:30pm;
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b. Non-Expert Discovery Cut-Off:
7/2/2018;
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c. Opening Expert Reports:
8/16/2018;
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d. Rebuttal Expert Reports:
9/6/2018;
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e. Expert Discovery Cut-Off:
9/27/2018;
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In order to permit the parties to finalize their settlement agreement, the parties
respectfully request that the Court extend those deadlines as follows:
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a. Dispositive Motions:
Last day to be heard 11/25/2018 at 1:30pm;
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b. Non-Expert Discovery Cut-Off:
7/30/2018;
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c. Opening Expert Reports:
8/30/2018;
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d. Rebuttal Expert Reports:
9/20/2018;
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e. Expert Discovery Cut-Off:
10/4/2018;
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JOINT STIPULATION TO MODIFY DEADLINES
CASE NO. 3:16-CV-7396-EMC
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WHEREAS, the Parties have met and conferred and agree that there is good cause for
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these stipulated modifications, and that this stipulation is not made for purposes of delay, but
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rather so that the Parties can finalize the settlement of this case, which they are working
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diligently to do. Thus, the Parties respectfully request that the Court sign the Proposed Order
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attached hereto.
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SO STIPULATED
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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
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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
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JOINT STIPULATION TO MODIFY DEADLINES
CASE NO. 3:16-CV-7396-EMC
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Telephone: (617) 526-6000
Facsimile: (617) 526-5000
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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
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Counsel for Genia Technologies, Inc. and
Roger Jinteh Arrigo Chen
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JOINT STIPULATION TO MODIFY DEADLINES
CASE NO. 3:16-CV-7396-EMC
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ATTORNEY ATTESTATION
I, Robert B. Gunther, am the ECF User whose ID and password are being used to file this
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Stipulation. In compliance with N.D. Cal. Civil L.R. 5-1(i)(3), I hereby attest that the
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concurrence in the filing of the document has been obtained from each of the signatories.
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/s/ Robert B. Gunther
Robert B. Gunther
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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.
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/s/ Robert B. Gunther
Robert B. Gunther
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JOINT STIPULATION TO MODIFY DEADLINES
CASE NO. 3:16-CV-7396-EMC
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[PROPOSED] ORDER
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IT IS SO ORDERED that the foregoing Joint Stipulation is approved.
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The Court HEREBY ORDERS as follows:
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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:
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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
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_______________________________
DERED
Edward M. ChenIS SO OR
IT
IED
United States DistrictMODIF
S Court Judge
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7/3/2018
Dated: ______________________
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dwa
Judge E
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JOINT STIPULATION TO MODIFY DEADLINES
CASE NO. 3:16-CV-7396-EMC
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