The Regents of the University of California v. Boston Scientific Corporation
Filing
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ORDER GRANTING STIPULATION TO EXTEND DISCOVERY DEADLINES re 79 Stipulation as to case 4:16-cv-6266-YGR. Signed by Judge Yvonne Gonzalez Rogers on 2/8/2018. (fs, COURT STAFF) (Filed on 2/8/2018)
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MARK T. JANSEN (SBN 114896)
mjansen@crowell.com
PILAR R. STILLWATER (SBN 260467)
pstillwater@crowell.com
MOLLY A. JONES (SBN 301419)
mojones@crowell.com
LISA QI (SBN 304401)
lqi@crowell.com
GALEN P. SALLOMI (SBN 306743)
gsallomi@crowell.com
CROWELL & MORING LLP
Three Embarcadero Center, 26th Floor
San Francisco, California 94111
Telephone: 415.986.2800
Facsimile: 415.986.2827
KATHRYN L. CLUNE (pro hac vice)
kclune@crowell.com
ALI H.K. TEHRANI (pro hac vice)
atehrani@crowell.com
CROWELL & MORING LLP
1001 Pennsylvania Ave, NW
Washington, DC 20004
Telephone: 202.624.2705
Facsimile: 202.628.5116
Attorneys for Plaintiff
THE REGENTS OF THE UNIVERSITY
OF CALIFORNIA
DAVID J.F. GROSS (SB# 290951)
david.gross@FaegreBD.com
NICK P. CHAN (SB# 286925)
nick.chan@FaegreBD.com
FAEGRE BAKER DANIELS LLP
1950 University Avenue, Suite 450
East Palo Alto, CA 94303
Telephone: (650) 324-6700
Fax: (650) 324-6701
TIMOTHY E. GRIMSRUD (pro hac vice)
tim.grimsrud@FaegreBD.com
LAUREN J.F. BARTA (pro hac vice)
lauren.barta@FaegreBD.com
EVA B. STENSVAD (pro hac vice)
eva.stensvad@FaegreBD.com
FAEGRE BAKER DANIELS LLP
2200 Wells Fargo Center
90 South 7th Street
Minneapolis, MN 55402
Telephone: (612) 766-7000
Fax: (612) 766-1600
Attorneys for Defendant
BOSTON SCIENTIFIC CORPORATION
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
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THE REGENTS OF THE UNIVERSITY
OF CALIFORNIA, a California
Corporation,
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ORDER GRANTING
STIPULATION TO EXTEND DISCOVERY
DEADLINES; [PROPOSED] ORDER
Plaintiff,
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Case No. 4:16-cv-06266-YGR
v.
BOSTON SCIENTIFIC CORPORATION,
a Delaware Corporation,
Defendant.
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C ROWELL
& M ORING LLP
ATTO RNEY S AT LAW
STIPULATION AND [PROPOSED] ORDER TO
EXTEND DISCOVERY DEADLINES;
CASE NO. 4:16-cv-06266-YGR
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STIPULATION
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Pursuant to Local Rules 6-1(b), 6-2, and 7-12, Plaintiff The Regents of the University of
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California (“The Regents”) and Defendant Boston Scientific Corporation (“BSC”), respectfully
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stipulate and jointly request that the Court issue an Order extending discovery deadlines by
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approximately ten weeks. The parties submit that good cause exists for this stipulation for the
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following reasons and those set forth in the Declaration of Mark T. Jansen in support of
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Stipulation (“Jansen Decl.”), filed herewith:
The Court granted the parties’ stipulated case management schedule on February
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1.
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17, 2017. D.I. 48.
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2.
On May 2, 2017, at the hearing and technology tutorial concerning BSC and
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related case defendant St. Jude Medical, LLC’s motions to dismiss, the Court vacated all dates
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after June 1, 2017 and set forth the following case schedule (see D.I. 60):
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Event
Current Deadline
Close of Fact Discovery
March 2, 2018
Initial Expert Reports Due
April 6, 2018
Rebuttal Expert Reports Due
May 18, 2018
Close of Expert Discovery
June 8, 2018
Last Day to File Summary Judgment Motions
July 10, 2018
Jury Trial
February 4, 2019
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3.
During the hearing on May 2, 2017, the Court expressed its intent that The
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Regents’ cases against related defendants St. Jude Medical, LLC and AtriCure Inc. proceed on the
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same case and trial schedule. (The AtriCure case has since been settled and was dismissed.)
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4.
The Court also reiterated the revised case schedule in its December 20, 2017 Order
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in related case, The Regents of the University of California v. St. Jude Medical, LLC, Case No.
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16-cv-06210-YGR (“SJM Case”), D.I. 81 (Order Granting Revised Stipulation Selecting ADR
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Process; Setting Pre-Trial Dates). In addition, the Court set the following dates in the SJM Case
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(see id.):
C ROWELL
& M ORING LLP
ATTO RNEY S AT LAW
-1-
STIPULATION AND [PROPOSED] ORDER TO
EXTEND DISCOVERY DEADLINES;
CASE NO. 4:16-cv-06266-YGR
1
Event
Current Deadline
Compliance Hearing re: Pretrial Instructions
December 7, 2018
Joint Pretrial Conference Statement
December 21, 2018
Pretrial Conference
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January 18, 2019
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5.
On Monday, January 22, 2018, the parties filed a joint stipulation requesting that
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the Court continue the trial date to accommodate St. Jude Medical, LLC’s counsel’s trial conflict
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and to extend all pre-trial dates. D.I. 77. The Court denied the stipulation finding there was no
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good cause to continue the trial date from February 4, 2019 to April 1, 2019. D.I. 78. However,
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the Court indicated that it would consider a request to extend non-trial related deadlines, provided
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that the parties understand “that moving such deadlines may mean that they may have to dual-
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track motion practice and trial preparation.” Id.
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6.
The parties file the instant stipulation seeking an extension of the non-trial related
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deadlines and understand that doing so may result in dispositive motion practice coinciding with
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pre-trial preparation. The primary reasons for the extension of the non-trial related deadlines,
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including especially the fact discovery deadline, are to (a) avoid motion practice on discovery and
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allow the parties to complete discovery already in progress, including taking depositions after
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completion of document production, and (b) allow the parties some extra time to focus on
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preparing for mediation.
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7.
The parties have been engaging in discovery since April 2017 (even though the
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pleadings did not close until June 6, 2017 (D.I. 67)) and are in the process of meeting and
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conferring regarding the production of documents, including production of ESI for an agreed up-
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to ten custodians, and the scheduling of depositions. Jansen Decl. at ¶ 4. Both parties have
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produced documents, but their document productions are not complete, despite both parties
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making voluminous productions of documents. Id. In addition, there are other outstanding
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issues, including serious HIPAA implications, that the parties are attempting to cooperatively
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resolve. Id. The parties have also served deposition notices but are having difficulty scheduling
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C ROWELL
& M ORING LLP
ATTO RNEY S AT LAW
-2-
STIPULATION AND [PROPOSED] ORDER TO
EXTEND DISCOVERY DEADLINES;
CASE NO. 4:16-cv-06266-YGR
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depositions in light of the upcoming mediation and witness availabilities. Id. Counsel for the
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parties have met and conferred many times in December 2017 and January 2018 regarding these
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issues and are trying to resolve all issues without discovery motion practice. Id. The parties
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estimate that an additional ten weeks are needed to complete their discovery in this case. Id.
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8.
The parties have met once informally to discuss settlement and are continuing to
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engage in settlement discussions. Id. at ¶ 5. In particular, pursuant to the Court’s Order dated
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August 1, 2017, the parties have scheduled mediation at JAMS before retired Magistrate Judge
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Infante to take place on February 21, 2018. See D.I. 71, 72. The parties would prefer to limit
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discovery and expert expenses as much as possible before mediation. Jansen Decl., ¶ 5.
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9.
A continuance of dates requested herein will permit the parties to meaningfully
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engage in the mediation process and will permit time to complete remaining discovery necessary
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after mediation in the event that the parties do not reach an agreement at the mediation.
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For these reasons, the parties therefore request that fact discovery and all
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subsequent non-trial related deadlines be extended. The parties respectfully request that this
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Court grant this stipulation to continue all previously-set non-trial related deadlines (as contained
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in D.I. 60, SJM Case D.I. 81) as follows:1
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Event
Current Deadline
Extended Deadline
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Close of Fact Discovery
March 2, 2018
May 11, 2018
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Initial Expert Reports Due
April 6, 2018
June 1, 2018
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Rebuttal Expert Reports Due
May 18, 2018
July 13, 2018
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Close of Expert Discovery
June 8, 2018
August 31, 2018
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Last Day to File Summary Judgment Motions
July 10, 2018
September 14, 2018
Compliance Hearing re: Pretrial Instructions
December 7, 2018
December 7, 2018
Joint Pretrial Conference Statement
December 21, 2018
December 21, 2018
Pretrial Conference
January 18, 2019
January 18, 2019
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Pursuant to the Court’s order, the parties recognize “that moving such deadlines may mean that
they may have to dual-track motion practice and trial preparation.” D.I. 78.
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C ROWELL
& M ORING LLP
ATTO RNEY S AT LAW
-3-
STIPULATION AND [PROPOSED] ORDER TO
EXTEND DISCOVERY DEADLINES;
CASE NO. 4:16-cv-06266-YGR
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Jury Trial
February 4, 2019
February 4, 2019
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IT IS SO STIPULATED.
Respectfully submitted,
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DATED: February 2, 2018
CROWELL & MORING LLP
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By: /s/ Mark T. Jansen
Mark T. Jansen
Kathryn L. Clune
Pilar R. Stillwater
Ali H.K. Tehrani
Molly A. Jones
Lisa Qi
Galen P. Sallomi
Attorneys for Plaintiff
THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA
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DATED: February 2, 2018
FAEGRE BAKER DANIELS LLP
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By: /s/ Lauren J.F. Barta
David J.F. Gross
Timothy E. Grimsrud
Lauren J.F. Barta
Eva B. Stensvad
Nick P. Chan
Attorneys for Defendant
BOSTON SCIENTIFIC CORPORATION
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C ROWELL
& M ORING LLP
ATTO RNEY S AT LAW
-4-
STIPULATION AND [PROPOSED] ORDER TO
EXTEND DISCOVERY DEADLINES;
CASE NO. 4:16-cv-06266-YGR
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[PROPOSED] ORDER
GOOD CAUSE APPEARING THEREFORE, and the parties’ having stipulated to the
same, the parties’ stipulation is hereby GRANTED. The Court orders the following deadlines:
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Event
Current Deadline
Extended Deadline
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Close of Fact Discovery
March 2, 2018
May 11, 2018
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Initial Expert Reports Due
April 6, 2018
June 1, 2018
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Rebuttal Expert Reports Due
May 18, 2018
July 13, 2018
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Close of Expert Discovery
June 8, 2018
August 31, 2018
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Last Day to File Summary Judgment Motions
July 10, 2018
September 14, 2018
Compliance Hearing re: Pretrial Instructions
December 7, 2018
December 7, 2018
Joint Pretrial Conference Statement
December 21, 2018 December 21, 2018
Pretrial Conference
January 18, 2019
January 18, 2019
Jury Trial
February 4, 2019
February 4, 2019
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IT IS SO ORDERED.
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February 8
DATED: __________________, 2018
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THE HONORABLE YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT JUDGE
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C ROWELL
& M ORING LLP
ATTO RNEY S AT LAW
-5-
STIPULATION AND [PROPOSED] ORDER TO
EXTEND DISCOVERY DEADLINES;
CASE NO. 4:16-cv-06266-YGR
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