The Board of Trustees of the Leland Stanford Junior University v. Chi-yi et al

Filing 42

ORDER GRANTING 41 Stipulation to Extend Time to Respond to First Amended Complaint. Defendant Chiang Yo-mei shall have to and including June 18, 2014 in which to respond to the First Amended Complaint. Nothing contained in this stipulation is intended to be, nor is it, an admission by Defendant as to the validity of jurisdiction or venue, nor shall it constitute a waiver of the right to object to personal jurisdiction or to venue. Signed by Hon. Beth Labson Freeman on 5/6/2014. (blflc2, COURT STAFF) (Filed on 5/6/2014)

Download PDF
1 2 3 4 5 6 7 8 9 MANATT, PHELPS & PHILLIPS, LLP SHARI MULROONEY WOLLMAN (Bar No. CA 137142) E-mail: swollman@manatt.com 11355 West Olympic Boulevard Los Angeles, CA 90064-1614 Telephone: (310) 312-4000 Facsimile: (310) 312-4224 KELLY L. KNUDSON (Bar No. CA 244445) E-mail: KKnudson@manatt.com One Embarcadero Center, 30th Floor San Francisco, CA 94111 Telephone: (415) 291-7400 Facsimile: (415) 291-7474 Attorneys for Defendant, Chiang Yo-mei a/k/a Yo-mei Chiang 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT 12 SAN JOSE DIVISION 13 14 15 16 17 18 THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, Plaintiff, vs. 23 Chiang Fang Chi-Yi, an Individual; Chiang Yo-mei, an Individual; Chiang Hsiaochang, an Individual; Chiang Tsai-mei, an Individual; Chiang Yu-sung, an Individual; Chiang Yo-lan, an Individual; Chiang Yobo, an Individual; Chiang Yo-chang, an Individual; Chiang Yo-ching, an Individual; Chungyan Chan, an Individual; and Academia Historica, an entity of the Republic of China, 24 No. CV 13-04383-EJD-BLF STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT (L.R. 6-1) Complaint Filed: September 20, 2013 Per Fed. R. Civ. Proc. 4(d)(3) Prior Response Date: April 28, 2014 Proposed Response Date: June 18, 2014 Defendants. 19 20 21 22 Case Management Conf.: July 3, 2014 Trial Date: None 25 26 27 28 M ANATT , P HELPS & P HILLIPS , LLP ATTO RNEY S AT LAW LOS A NG EL ES STIPULATION AND ORDER RE EXTENSION OF TIME WHEREAS Plaintiff THE BOARD OF TRUSTEES OF THE LELAND 1 2 STANFORD JUNIOR UNIVERSITY (“Plaintiff”) filed and served its First 3 Amended Complaint in Interpleader pursuant to Rule 4(d)(3) of the Federal Rules 4 of Civil Procedure upon Defendant Chiang Yomei a/k/a Yomei Chiang 5 (“Defendant”) on March 7, 2014; WHEREAS Defendant’s response to the First Amended Complaint (“FAC”) 6 7 was originally due on April 14, 2014; 8 WHEREAS Defendant requested, and this Court granted a two-week 9 extension of time for Defendant to respond to the FAC to April 28, 2014 [Dkt. No. 10 36]; 11 WHEREAS on April 14, 2014 several defendants represented by the 12 Venable, LLP law firm (“the Venable defendants”) filed an Answer to Complaint 13 [Dkt. No. 34] which contained the following: “First Affirmative Defense (Wrong 14 Parties) Plaintiff has asserted its claims against the wrong party, as Defendants 15 have assigned any and all rights in and to the Deposit to Defendant Academia 16 Historica;” 17 WHEREAS Defendant Academia Historica has been served with the 18 Summons and FAC in this action, and its response to the FAC is presently due on 19 June 9, 2014; 20 WHEREAS the two remaining defendants, Chiang Hsiao-Chang and 21 Chungyan Chan, have not yet formally answered or appeared in the action; 22 however, defendant Chungyan Chan has recently made contact with Plaintiff and 23 Defendant’s counsel; 24 WHEREAS on April 24, 2014, Plaintiff filed an unopposed Ex Parte 25 Application Regarding Extension of Time to File Joint Management Statement, 26 based in part upon the fact that Defendant Academia Historica’s response to the 27 FAC is not due until June 9, 2014 [Dkt. No. 37]; 28 M ANATT , P HELPS & P HILLIPS , LLP ATTO RNEY S AT LAW LOS A NG EL ES WHEREAS on April 25, 2014 this Court issued a Clerks Notice Setting Case 1 STIPULATION AND ORDER RE EXTENSION OF TIME 1 Management Conference, which set a Case Management Conference for May 15, 2 2014 [Dkt. No. 38]; 3 WHEREAS on April 30, 2014 this Court issued an Order Granting Motion to 4 Extend Time to File Joint Case Management Statement and Continuing Case 5 Management Conference, which continued the Case Management Conference from 6 May 15, 2014 to July 3, 2014 [Dkt. No. 39], and on that same date issued a Clerks 7 Notice Extending Time to File Joint Case Management Statement and Continuing 8 Case Management Conference, which ordered the parties to file a Joint Case 9 Management Statement by June 23, 2014 [Dkt. No. 40]; 10 WHEREAS Defendant has not yet formally responded to the FAC, but has 11 reached an informal agreement with Plaintiff that her default will not be entered, 12 and the Plaintiff and Defendant have agreed to file this Stipulation by which she 13 would be permitted until June 18, 2014 to respond to the FAC; 14 WHEREAS Defendant and Plaintiff agree that it is impractical for Defendant 15 to respond to the FAC until such time as Academia Historica has responded to the 16 FAC, particularly as it has not yet appeared in this action, and Defendant will 17 require time to evaluate her response to Academia Historica’s position if and when 18 it is asserted; and 19 WHEREAS nothing contained in this stipulation is intended to be, nor is it, 20 an admission by Defendant as to the validity of jurisdiction or venue, nor shall it 21 constitute a waiver of the right to object to personal jurisdiction or to venue. 22 23 24 25 IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: 1. Defendant shall have to and including June 18, 2014, in which to respond to the First Amended Complaint; 2. Nothing contained in this stipulation is intended to be, nor is it, an 26 admission by Defendant as to the validity of jurisdiction or venue, nor shall it 27 constitute a waiver of the right to object to personal jurisdiction or to venue. 28 M ANATT , P HELPS & P HILLIPS , LLP ATTO RNEY S AT LAW LOS A NG EL ES 3. This Stipulation is without prejudice to any party’s rights, remedies, 2 STIPULATION AND ORDER RE EXTENSION OF TIME 1 defenses, or positions in the case. 2 3 Dated: May 2, 2014 MANATT, PHELPS & PHILLIPS LLP 4 By 6 7 Dated: 9 10 May 2, 2014 PILLSBURY WINTHROP SHAW PITTMAN LLP By 11 12 13 _______/s/ ___ James Chang Attorneys for The Board of Trustees of the Leland Stanford Junior University 14 UNIT ED S 312139523.1 16 17 DERED O OR IT IS S 18 NO RT ER an n Freem 21 22 A H 20 Jud Labso ge B e t h LI 19 RT U O 15 S DISTRICT TE C TA R NIA 8 _______/s/ ___ Shari Mulrooney Wollman Attorneys for Defendant Chiang Yo-mei (a/k/a Yo-Mei Chiang) FO 5 N D IS T IC T R OF C 23 24 25 26 27 28 M ANATT , P HELPS & P HILLIPS , LLP ATTO RNEY S AT LAW LOS A NG EL ES 3 STIPULATION AND ORDER RE EXTENSION OF TIME

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?