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

Filing 85

STIPULATION AND ORDER re 84 to Modify Deadlines Under Case Management Order filed by The Regents of the University of California Discovery due by 7/2/2018. Status Report due by 5/17/2018. Dispositive Motion Hearing set for 11/8/2 018 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Status Conference set for 5/24/2018 10:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Signed by Judge Edward M. Chen on 4/3/18. (bpf, COURT STAFF) (Filed on 4/3/2018)

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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]
Paul R. Morico (pro hac vice)
[e-mail]
Elizabeth D. Flannery (pro hac vice)
[e-mail]
BAKER BOTTS LLP
One Shell Plaza
901 Louisiana Street
Houston, Texas 77002
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff
The Regents of the University of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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18 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;
22 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
JOINT STIPULATION AND
[PROPOSED] ORDER TO MODIFY
DEADLINES UNDER CASE
MANAGEMENT ORDER

JURY TRIAL DEMANDED

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JOINT STIPULATION TO MODIFY DEADLINES

CASE NO. 3:16-CV-07396-EMC

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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 agree to move this Honorable Court to modify certain of

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the deadlines in the Court’s Case Management and Pretrial Order for Jury Trial in this case (Dkt.

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75). The modifications to the deadlines in the Court’s order are identified below, and the

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Proposed Order granting these modifications is attached hereto. The Trial Date (January 14,

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2019) and Final Pretrial Conference date (December 18, 2018) remain unchanged, although the

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Parties recognize that the requested modification of the Dispositive Motions hearing date may

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cause the Court to adjust those dates.

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Case Event

Current Deadline

Revised Deadline

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Trial Date

January 14, 2019

(unchanged)

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Final Pretrial Conference

December 18, 2018

(unchanged)

Dispositive Motions (last day to be heard)

October 4, 2018

November 8, 2018
(or alternative date in
November 2018
convenient for the
Court)

Non-Expert Discovery Cutoff

May 31, 2018

July 13, 2018

Opening Expert Reports

July 12, 2018

August 13, 2018

Rebuttal Expert Reports

August 2, 2018

August 31, 2018

Expert Discovery Cutoff

August 23, 2018

September 24, 2018

ADR

June 15, 2018

(unchanged)

Further Status Conference

April 24, 2018

May 24, 2018 (or
alternate date in late
May 2018 convenient
for the Court)

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During the last several months, the Parties have completed a substantial portion of the

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document and written discovery in this case. However, the Parties believe that further settlement

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discussions will be beneficial before the Parties expend significant resources on depositions and

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expert discovery. The Parties have had several productive settlement discussions and have
JOINT STIPULATION TO MODIFY DEADLINES

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CASE NO. 3:16-CV-07396-EMC

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agreed to employ a mediator at this stage to further assist in exploring a settlement. The Parties

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have also agreed to suspend further discovery activity and deadlines until May 11, 2018

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(including any deadlines for briefing relating to any motions pending before the Court) to allow

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time to complete that mediation. Thus, the Parties believe that they would benefit from having

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additional time to continue exploring settlement. Accordingly, this stipulated modification is not

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made for purposes of delay, but so that the Parties can further explore a potential resolution of

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this dispute. The Parties respectfully request that the Court sign the Proposed Order attached

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hereto.

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SO STIPULATED.

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Dated: April 2, 2018

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BAKER BOTTS LLP

WILMER CUTLER PICKERING
HALE AND DORR LLP

By: /s/ Stuart C. Plunkett
Stuart C. Plunkett (SBN 187971)
[e-mail]
Ariel D. House (State Bar No. 280477)
[e-mail]
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]
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 D. Flannery (pro hac vice)
[e-mail]
One Shell Plaza
901 Louisiana Street
Houston, Texas 77002
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff
The Regents of the University of California

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Robert M. Galvin (State Bar No. 171508)
[e-mail]
950 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: 650-858-6100
Sarah B. Petty (pro hac vice)
[e-mail]
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: 617-526-5000

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JOINT STIPULATION TO MODIFY DEADLINES

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CASE NO. 3:16-CV-07396-EMC

Nora Q.E. Passamaneck (pro hac vice)
[e-mail]
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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JOINT STIPULATION TO MODIFY DEADLINES

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CASE NO. 3:16-CV-07396-EMC

ATTORNEY ATTESTATION

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I, Stuart C. Plunkett, am the ECF User whose ID and password are being used to file

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this 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 other signatories.

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April 2, 2018

By:

/s/ Stuart C. Plunkett
Stuart C. Plunkett

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CERTIFICATE OF SERVICE
I hereby certify that on April 2, 2018, 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.
April 2, 2018

By:

/s/ Stuart C. Plunkett
Stuart C. Plunkett

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JOINT STIPULATION TO MODIFY DEADLINES

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CASE NO. 3:16-CV-07396-EMC

[PROPOSED] ORDER

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IT IS SO ORDERED that the foregoing Joint Stipulation is approved.

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Pursuant to Federal Rule of Civil Procedure 16, the following modified deadlines are

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hereby ordered, replacing the previously-ordered dates for these deadlines:

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DISPOSITIVE MOTIONS:

Last day to be heard 11/8/2018 at 1:30p.m.

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NON-EXPERT DISCOVERY CUT-OFF:

7/2/2018

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EXPERT REPORTS:

Opening reports by 8/16/2018
Rebuttal Reports by 9/6/2018

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EXPERT DISCOVERY CUT-OFF:

9/27/2018

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FURTHER STATUS CONFERENCE:

5/24/2018

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JOINT STIPULATION TO MODIFY DEADLINES

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CASE NO. 3:16-CV-07396-EMC