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

Filing 98

STIPULATION AND ORDER re 97 TO (1) RE-SET STATUS CONFERENCE AND (2) EXTEND DEADLINES IN CONNECTION WITH (A) DEFENDANTS' MOTION TO JOIN OXFORD NANOPORE TECHNOLOGIES, AND (B) DEFENDANTS' ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDE R SE filed by The Regents of the University of California. Responses due by 7/20/2018. Replies due by 8/3/2018. Motion Hearing reset for 9/6/2018 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Status Report due by 7/12/2018. Status Conference set for 7/19/2018 10:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Signed by Judge Edward M. Chen on 6/5/18. (bpfS, COURT STAFF) (Filed on 6/5/2018)

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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
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Delaware corporation; and DOES 1-25,
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Defendants.
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Case No. 3:16-cv-07396-EMC

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JOINT STIPULATION AND
[PROPOSED] ORDER TO (1) RE-SET
STATUS CONFERENCE AND
(2) EXTEND DEADLINES IN
CONNECTION WITH
(A) DEFENDANTS’ MOTION TO JOIN
OXFORD NANOPORE
TECHNOLOGIES, AND
(B) DEFENDANTS’ ADMINISTRATIVE
MOTION TO FILE DOCUMENTS
UNDER SEAL (modified)

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JURY TRIAL DEMANDED

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JOINT STIPULATION TO MODIFY DEADLINES

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

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 previously entered a stipulated order extending deadlines to allow

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the parties to finalize the settlement agreement (Doc. 95), and the parties now require additional

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time.

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WHEREAS, the Parties have agreed to suspend further discovery activity and deadlines

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until July 11, 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.

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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 June 21, 2018 (Doc. 95). 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 July 19, 2018, as noted in

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the Proposed Order attached hereto, or for an alternate date in late July 2018

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convenient for the Court.

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2. In its May 3, 2018 order (Doc. 95), 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 July 26, 2018, and the deadlines for the Parties to file their response and

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reply in connection with this motion to June 22, 2018 and July 6, 2018, respectively.

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In order to allow the Parties time to finalize their settlement, the Parties hereby agree
JOINT STIPULATION TO MODIFY DEADLINES

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

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and 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 July 20,

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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 3, 2018; and the hearing on Defendants’ Motion be

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re-set for August 23, 2018.

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3. In its April 27, 2018 order (Doc. 94), the Court denied-in-part and granted-in-part

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Defendants’ Administrative Motion to File Documents Under Seal, triggering a 7-day

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deadline of May 4, 2018 for Defendants to file revised documents pursuant to Local

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Rule 79-5(f). That deadline was re-set to June 11, 2018. (Doc. 95.) In order to allow

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the Parties additional time to finalize their settlement, the Parties hereby agree and

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request that the time for Defendants to file these revised documents pursuant to Local

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Rule 79-5(f) be extended to and including July 11, 2018, as noted in the Proposed

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Order attached hereto.

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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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Dated: June 5, 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 (SBN 280477)
[e-mail]
101 California Street, Suite 3070
San Francisco, California 94111

/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

JOINT STIPULATION TO MODIFY DEADLINES

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

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New York, NY 10007
Telephone: [phone]
Facsimile: [phone]

Telephone: [phone]
Facsimile: [phone]
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]

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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Counsel for Plaintiff
The Regents of the University of
California

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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June 5, 2018
By:

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/s/ Stuart C. Plunkett
Stuart C. Plunkett

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CERTIFICATE OF SERVICE

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I hereby certify that on June 5, 2018, I electronically filed the above document with the

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Clerk of the Court using CM/ECF which will send electronic notification of such filing to all

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registered counsel.

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By:

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/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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The Court HEREBY ORDERS as follows:

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1.

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The Status Conference in this case set for June 21, 2018 is hereby vacated and re-

set for July 19, 2018.
2.

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at 10:30 a.m.

The deadline for Plaintiff to file its response to Defendants’ Motion to Join

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Oxford Nanopore Technologies, Inc. (Doc. 87) shall be extended to and including July 20, 2018,

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and the deadline for Defendants to file any reply for that Motion shall be extended to and

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including August 3, 2018.
3.

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Defendants’ Motion to Join Oxford Nanopore Technologies, Inc. shall be set for

hearing on August 23, 2018.
4.

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September 6, 2018 at 1:30 p.m.

The deadline for Defendants to file revised documents pursuant to Local Rule 79-

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5(f) in accordance with the Court’s April 27, 2018 order (Doc. 94) shall be extended to and

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including July 11, 2018.

NO

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Dated:

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6/5/18

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JOINT STIPULATION TO MODIFY DEADLINES

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