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

Filing 50

STIPULATION AND ORDER re 49 (1) Rescheduling Case Management Conference; and (2) Setting Deadlines to File Motion to Dismiss, Briefing Schedule, and to Hold Rule 26(f) Conference filed by Genia Technologies, Inc., Roger Jinteh Arr igo Chen. Motions terminated: 30 MOTION to Dismiss. Case Management Statement due by 6/1/2017. Motion and Initial Case Management Conference set for 6/8/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 3/30/17. (bpfS, COURT STAFF) (Filed on 3/30/2017)

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[Counsel Provided on Signature Pages]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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11 THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA, a California corporation,
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Plaintiff,
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v.
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ROGER JINTEH ARRIGO CHEN, an individual;
15 GENIA TECHNOLOGIES, INC., a Delaware
corporation; and DOES 1-25,
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Defendants.
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Case No. 3:16-cv-07396-EMC
STIPULATION AND [PROPOSED]
ORDER (1) RESCHEDULING CASE
MANAGEMENT CONFERENCE; AND
(2) SETTING DEADLINES TO FILE
MOTION TO DISMISS, BRIEFING
SCHEDULE, AND TO HOLD RULE
26(F) CONFERENCE
Judge: Hon. Edward M. Chen
Date: April 27, 2017
Time: 1:30 P.M.
Location: Courtroom 5, 17th Floor

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Pursuant to Civil Local Rule 6-2(a), Plaintiff The Regents of the University of California

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(“Plaintiff”) and Defendants Roger Chen and Genia Technologies, Inc. (collectively,

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“Defendants”) (collectively, Plaintiff and Defendants shall be referred to herein as the “Parties”),

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by and through their counsel of record, hereby stipulate and request as follows:
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Case No. 3:16-cv-07396-EMC

STIPULATION AND [PROPOSED] ORDER
(1) RESCHEDULING CASE
MANAGEMENT CONFERENCE; AND (2)
SETTING DEADLINES TO FILE MOTION
TO DISMISS, BRIEFING SCHEDULE,
AND TO HOLD RULE 26(F)
CONFERENCE

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WHEREAS, Plaintiff filed its original complaint in this action on December 29, 2016;

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WHEREAS, pursuant to the deadline set forth in a stipulation regarding service and response

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date filed with the Court on January 10, 2017, Defendants filed a motion to dismiss on February
27, 2017;

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WHEREAS, the motion to dismiss was noticed for hearing on April 27, 2017, with the Case
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Management Conference set for that same day;

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WHEREAS, Plaintiff filed an amended complaint on March 20, 2017;

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WHEREAS, Defendants plan to file a new motion to dismiss the amended complaint;

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WHEREAS, the Parties met and conferred, and agree that both Parties would benefit from
the efficiency of holding the Case Management Conference on the same day as a hearing on
Defendants’ motion to dismiss, provided that discovery proceeds during the pendency of the

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motion to dismiss;
WHEREAS, the Parties further met and conferred, and agreed that both Parties would benefit

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from an extension of time beyond that contemplated by the Federal Rules of Civil Procedure and

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Local Rules to brief the motion to dismiss, as such time will allow for adequate presentation of

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the legal issues;

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IT IS THEREFORE STIPULATED AND AGREED:

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(1) Defendants shall file a motion to dismiss the amended complaint by April 17, 2017;
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Plaintiff shall file its opposition by May 8, 2017, and Defendants shall file their reply by May 22,
2017.

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Case No. 3:16-cv-07396-EMC

2 STIPULATION AND [PROPOSED] ORDER
(1) RESCHEDULING CASE
MANAGEMENT CONFERENCE; AND (2)
SETTING DEADLINES TO FILE MOTION
TO DISMISS, BRIEFING SCHEDULE, AND
TO HOLD RULE 26(F) CONFERENCE

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(2) The parties shall conduct their Rule 26(f) conference by April 14, 2017, so that discovery
may commence during the pendency of the motion to dismiss;
(3) The parties respectfully request that the Court reschedule the Case Management
Conference for June 8, 2017 at 1:30 P.M. or another date on which the Court is available so that

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the Case Management Conference and hearing on the motion to dismiss may be held on the same
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day.
SO STIPULATED.
Dated: March 28, 2017.

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BAKER BOTTS LLP

WILMER CUTLER PICKERING
HALE AND DORR LLP

/s/ Stuart C. Plunkett
Stuart C. Plunkett (State Bar No. 187971)
[e-mail]
Ariel D. House (State Bar No. 280477)
[e-mail]
BAKER BOTTS LLP
101 California Street, Suite 3070
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

/s/ Robert J. Gunther, Jr.
Robert J. Gunther, Jr. (NY SBN: 1967652)
[e-mail]
Omar Khan (pro hac vice)
[e-mail]
WILMER CUTLER PICKERING HALE
AND DORR LLP
7 World Trade Center
250 Greenwich Street
New York, NY 10007
Telephone: [phone]
Facsimile: [phone]

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Paul R. Morico (pro hac vice)
[e-mail]
Elizabeth Durham Flannery (pro hac vice)
[e-mail]
Thomas P. Rooney (pro hac vice)
[e-mail]
BAKER BOTTS LLP
One Shell Plaza
901 Louisiana Street
Case No. 3:16-cv-07396-EMC

Robert M. Galvin (State Bar No. 171508)
[e-mail]
WILMER CUTLER PICKERING HALE
AND DORR LLP
950 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
3 STIPULATION AND [PROPOSED] ORDER
(1) RESCHEDULING CASE
MANAGEMENT CONFERENCE; AND (2)
SETTING DEADLINES TO FILE MOTION
TO DISMISS, BRIEFING SCHEDULE, AND
TO HOLD RULE 26(F) CONFERENCE

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Houston, Texas 77002
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff The Regents of the
University of California

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Facsimile: 650-858-6100
Sarah B. Petty (pro hac vice)
[e-mail]
WILMER CUTLER PICKERING HALE
AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: 617-526-5000
Nora Q.E. Passamaneck (pro hac vice)
[e-mail]
WILMER CUTLER PICKERING HALE
AND DORR LLP
1225 17th Street, Suite 2600
Denver, CO 80202
Telephone: [phone]
Facsimile: 720-274-3133

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Counsel for Defendants Roger Jinteh Arrigo
Chen and Genia Technologies, Inc.

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Case No. 3:16-cv-07396-EMC

4 STIPULATION AND [PROPOSED] ORDER
(1) RESCHEDULING CASE
MANAGEMENT CONFERENCE; AND (2)
SETTING DEADLINES TO FILE MOTION
TO DISMISS, BRIEFING SCHEDULE, AND
TO HOLD RULE 26(F) CONFERENCE

ATTORNEY ATTESTATION

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I, Robert J. Gunther, Jr., am the ECF User whose ID and password are being used to file
this Stipulation. In compliance with N.D. Cal. Civil. L.R. 5-1(i)(3), I hereby attest that the
concurrence in the filing of the document has been obtained from each of the other signatories.

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March 28, 2017

By:

/s/ Robert J. Gunther, Jr. _______________
Robert J. Gunther, Jr.

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CERTIFICATE OF SERVICE

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I, Robert J. Gunther, Jr., hereby certify that on March 28, 2017, I electronically filed the
above document with the Clerk of the Court using CM/ECF which will send electronic
notification of such filing to all registered counsel.

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March 28, 2017

By:

/s/ Robert J. Gunther, Jr.
Robert J. Gunther, Jr.

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Case No. 3:16-cv-07396-EMC

5 STIPULATION AND [PROPOSED] ORDER
(1) RESCHEDULING CASE
MANAGEMENT CONFERENCE; AND (2)
SETTING DEADLINES TO FILE MOTION
TO DISMISS, BRIEFING SCHEDULE, AND
TO HOLD RULE 26(F) CONFERENCE

[PROPOSED] ORDER

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IT IS ORDERED that the foregoing Stipulation is approved. The Case Management

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Conference is reset for June 8, 2017 at 1:30 P.M. in Courtroom 5, 17th Floor, San Francisco.

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Defendants shall file a motion to dismiss by April 17, 2017, Plaintiff shall file its opposition by

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May 8, 2017, and Defendants shall file their reply by May 22, 2017. A hearing on the motion to
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further conduct their Rule 26(f) conference by April 14, 2017.

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________________________________
D

RDERE
S SO O
IT I
HON. EDWARD M. CHEN

R NIA

3/30/17
DATED_______________

UNIT
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UNITED STATES DISTRICT JUDGE
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M. Che
Edward
Judge

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dismiss will be set for the same day as the Case Management Conference. The parties shall

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Case No. 3:16-cv-07396-EMC

6 STIPULATION AND [PROPOSED] ORDER
(1) RESCHEDULING CASE
MANAGEMENT CONFERENCE; AND (2)
SETTING DEADLINES TO FILE MOTION
TO DISMISS, BRIEFING SCHEDULE, AND
TO HOLD RULE 26(F) CONFERENCE