NuGEN Technologies, Inc. v. KeyGene N.V. et al

Filing 57

STIPULATION AND ORDER re 55 STIPULATION WITH PROPOSED ORDER Extending Time (Joint) filed by KeyGene N.V., Keygene N.V. Signed by Judge Jon S. Tigar on May 23, 2018. (wsn, COURT STAFF) (Filed on 5/23/2018)

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Kimberly K. Dodd, CA Bar No. 235109
[e-mail]
FOLEY & LARDNER LLP
777 EAST WISCONSIN AVENUE
MILWAUKEE, WI 53202-5306
TELEPHONE: [phone]
FACSIMILE: 414.297.4900

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Eva K. Freel, CA Bar No. 318287
[e-mail]
FOLEY & LARDNER LLP
555 SOUTH FLOWER STREET, STE 3500
LOS ANGELES, CA 90071-2411
TELEPHONE: [phone]
FACSIMILE: 213.486.0065

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Attorneys for Defendant KEYGENE N.V.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
NUGEN TECHNOLOGIES, INC.,
Plaintiff,

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Case No. 3:18-CV-00525-JST

vs.

JOINT STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME

KEYGENE N.V.,

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Defendant.

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Joint Stipulation and [Proposed] Order Extending Time
Case No. 3:18-CV-00525-JST
4833-5295-7542.1

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Pursuant to Civil Local Rules 6-1(b), 6-2 and 7-12, Plaintiff NuGEN Technologies, Inc.

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(“NuGEN”) and Defendant Keygene N.V. (“Keygene”) stipulate as recited below and jointly request that

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the Court modify certain deadlines in the current case schedule and the briefing deadlines associated with

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NuGEN’s Motion to Dismiss (ECF No. 54).

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1.

On May 9, 2018, the parties appeared before the Court at the Case Management

Conference. Declaration of Bradley D. Roush (“Roush Decl.”), ¶ 2.

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2.

The same day, the Court issued the Scheduling Order for this case (ECF No. 53), which

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adopted the patent disclosure deadlines proposed by the parties in the Joint Case Management Statement,

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and set the Claim Construction Tutorial for February 26, 2019 and the Claim Construction Hearing for

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March 12, 2019. Roush Decl., ¶ 3.

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3.

In consideration of holidays in the United States, Memorial Day (May 28, 2018), and the

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Netherlands, Pentecost Day (May 21, 2018), as well as other obligations of Keygene’s counsel, NuGEN

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has agreed to extend by fourteen (14) days:

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a. from May 23, 2018 to June 6, 2018, the deadline for Keygene to serve its Patent L.R.

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3-1 and 3-2 disclosure of asserted claims, infringement contentions, and

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accompanying documents; and

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b. from May 29, 2018, to June 12, 2018, the deadline for Keygene to respond to

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NuGEN’s Motion to Dismiss (ECF No. 54).
Roush Decl., ¶¶ 4-5.

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4.

In exchange, Keygene has agreed to extend by fourteen (14) days: from June 5, 2018 to

June 19, 2018, the deadline for NuGEN to file its reply in support of its Motion to Dismiss (ECF No. 54).

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5.

The previous time modifications in this case are as follows:

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a. on February 15, 2018, the parties stipulated to extend the time for Keygene, Inc.1 to

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respond to the complaint from February 16, 2018 to March 19, 2018. ECF No. 18.

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b. on April 3, 2018, the Court granted the parties’ joint stipulation to extend the time for

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NuGEN to respond to Keygene, Inc.’s Motion to Dismiss (ECF No. 25). ECF No. 32.

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Keygene, Inc. has since been dismissed from the case. ECF No. 40.
Joint Stipulation and [Proposed] Order Extending Time
-1Case No. 3:18-CV-00525-JST

4833-5295-7542.1

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c. on April 17, 2018, the parties stipulated to extend the time for Keygene to respond to

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the complaint from April 17, 2018 to April 24, 2018, and to extend the time for the

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parties to exchange initial disclosures from April 20, 2018 to April 27, 2018. ECF No.

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43.

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Roush Decl. ¶ 7.

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6.

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NOW THEREFORE, the parties hereby stipulate and respectfully request that, for the reasons

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No other deadlines will be affected by these stipulated time modifications.

described above, the deadlines in this case be modified as set forth below:

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Event
Disclosure of Asserted Claims
and Infringement Contentions
(Patent LR 3-1 and 3-2)
Keygene’s
Response
to
NuGEN’s Motion to Dismiss
(ECF No. 54)
NuGEN’s Reply in Support of
Motion to Dismiss (ECF No. 54)

Current Deadline
May 23, 2018

Proposed Deadline
June 6, 2018

May 29, 2018

June 12, 2018

June 5, 2018

June 19, 2018

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DATED: May 23, 2018

Respectfully submitted,

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By: /s/ Leo J. Presiado
Leo J. Presiado, #166721
Brown Rudnick LLP
Leo J. Presiado, #166721
[e-mail]
2211 Michelson Drive
Seventh Floor
Irvine, CA 92612
Telephone: [phone]
Facsimile: 949.252.1514
Wayne F. Dennison (pro hac vice)
Rebecca M. Lecaroz (pro hac vice)
Jessica T. Lu (pro hac vice)
One Financial Center
Boston, MA 02111
Telephone: [phone]

FOLEY & LARDNER LLP
By: /s/ Kimberly K. Dodd
Kimberly K. Dodd, CA Bar No. 235109
[e-mail]
Foley & Lardner LLP
777 East Wisconsin Avenue
Milwaukee, WI 53202-5306
Telephone: [phone]
Facsimile: 414.297.4900
Eva K. Freel, CA Bar No. 318287
Foley & Lardner LLP
555 South Flower Street, Suite 3500
Los Angeles, CA 90071-2411
Telephone: [phone]
Facsimile: 213.486.0065
E-mail: [e-mail]
Joint Stipulation and [Proposed] Order Extending Time
-2Case No. 3:18-CV-00525-JST

4833-5295-7542.1

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Facsimile: 617.289.0438
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff NuGEN
Technologies, Inc.

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Liane M. Peterson (pro hac vice)
[e-mail]
Bradley D. Roush, Esq. (pro hac vice)
[e-mail]
FOLEY & LARDNER LLP
3000 K Street, NW
Washington, DC 20007
Telephone: [phone]
Facsimile: 202672.5399
Attorneys for Defendant Keygene N.V.

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ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1
I, Kimberly K. Dodd, attest that concurrence in the filing of this Joint Stipulation and [Proposed]

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Order Extending Time has been obtained from the counsel for Plaintiff NuGEN Technologies, Inc. I

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declare under penalty of perjury under the law of the United States of America that the foregoing is true

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and correct. Executed this 23rd day of May, 2018.

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/s/ Kimberly K. Dodd
Kimberly K. Dodd

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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May 23, 2018
Date: _____________

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__________________________
HONORABLE JON S. TIGAR
UNITED STATES DISTRICT JUDGE

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Joint Stipulation and [Proposed] Order Extending Time
-3Case No. 3:18-CV-00525-JST
4833-5295-7542.1