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)

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MANATT, PHELPS & PHILLIPS, LLP
SHARI MULROONEY WOLLMAN (Bar No. CA 137142)
E-mail: [e-mail]
11355 West Olympic Boulevard
Los Angeles, CA 90064-1614
Telephone: [phone]
Facsimile: [phone]
KELLY L. KNUDSON (Bar No. CA 244445)
E-mail: [e-mail]
One Embarcadero Center, 30th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant,
Chiang Yo-mei a/k/a Yo-mei Chiang

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT

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SAN JOSE DIVISION

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THE BOARD OF TRUSTEES OF THE
LELAND STANFORD JUNIOR
UNIVERSITY,
Plaintiff,
vs.

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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,

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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.

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Case Management Conf.: July 3, 2014
Trial Date: None

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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

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STANFORD JUNIOR UNIVERSITY (“Plaintiff”) filed and served its First

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Amended Complaint in Interpleader pursuant to Rule 4(d)(3) of the Federal Rules

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of Civil Procedure upon Defendant Chiang Yomei a/k/a Yomei Chiang

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(“Defendant”) on March 7, 2014;
WHEREAS Defendant’s response to the First Amended Complaint (“FAC”)

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was originally due on April 14, 2014;

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WHEREAS Defendant requested, and this Court granted a two-week

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extension of time for Defendant to respond to the FAC to April 28, 2014 [Dkt. No.

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36];

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WHEREAS on April 14, 2014 several defendants represented by the

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Venable, LLP law firm (“the Venable defendants”) filed an Answer to Complaint

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[Dkt. No. 34] which contained the following: “First Affirmative Defense (Wrong

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Parties) Plaintiff has asserted its claims against the wrong party, as Defendants

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have assigned any and all rights in and to the Deposit to Defendant Academia

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Historica;”

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WHEREAS Defendant Academia Historica has been served with the

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Summons and FAC in this action, and its response to the FAC is presently due on

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June 9, 2014;

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WHEREAS the two remaining defendants, Chiang Hsiao-Chang and

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Chungyan Chan, have not yet formally answered or appeared in the action;

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however, defendant Chungyan Chan has recently made contact with Plaintiff and

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Defendant’s counsel;

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WHEREAS on April 24, 2014, Plaintiff filed an unopposed Ex Parte

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Application Regarding Extension of Time to File Joint Management Statement,

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based in part upon the fact that Defendant Academia Historica’s response to the

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FAC is not due until June 9, 2014 [Dkt. No. 37];

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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
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STIPULATION AND ORDER RE
EXTENSION OF TIME

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Management Conference, which set a Case Management Conference for May 15,

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2014 [Dkt. No. 38];

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WHEREAS on April 30, 2014 this Court issued an Order Granting Motion to

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Extend Time to File Joint Case Management Statement and Continuing Case

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Management Conference, which continued the Case Management Conference from

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May 15, 2014 to July 3, 2014 [Dkt. No. 39], and on that same date issued a Clerks

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Notice Extending Time to File Joint Case Management Statement and Continuing

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Case Management Conference, which ordered the parties to file a Joint Case

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Management Statement by June 23, 2014 [Dkt. No. 40];

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WHEREAS Defendant has not yet formally responded to the FAC, but has

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reached an informal agreement with Plaintiff that her default will not be entered,

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and the Plaintiff and Defendant have agreed to file this Stipulation by which she

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would be permitted until June 18, 2014 to respond to the FAC;

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WHEREAS Defendant and Plaintiff agree that it is impractical for Defendant

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to respond to the FAC until such time as Academia Historica has responded to the

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FAC, particularly as it has not yet appeared in this action, and Defendant will

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require time to evaluate her response to Academia Historica’s position if and when

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it is asserted; and

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WHEREAS nothing contained in this stipulation is intended to be, nor is it,

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an admission by Defendant as to the validity of jurisdiction or venue, nor shall it

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constitute a waiver of the right to object to personal jurisdiction or to venue.

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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

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admission by Defendant as to the validity of jurisdiction or venue, nor shall it

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constitute a waiver of the right to object to personal jurisdiction or to venue.

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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,
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STIPULATION AND ORDER RE
EXTENSION OF TIME

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defenses, or positions in the case.

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Dated:

May 2, 2014

MANATT, PHELPS & PHILLIPS LLP

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By

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Dated:

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May 2, 2014

PILLSBURY WINTHROP SHAW
PITTMAN LLP
By

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_______/s/
___
James Chang
Attorneys for The Board of Trustees
of the Leland Stanford Junior
University

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UNIT
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312139523.1

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Jud

Labso
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S DISTRICT
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_______/s/
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Shari Mulrooney Wollman
Attorneys for Defendant
Chiang Yo-mei (a/k/a Yo-Mei Chiang)

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

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STIPULATION AND ORDER RE
EXTENSION OF TIME