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JOINT STIPULATION TO MODIFY DEADLINES CASE NO. 3:16-CV-07396-EMC

Stuart C. Plunkett (State Bar No. 187971) 

stuart.plunkett@bakerbotts.com 

Ariel D. House (State Bar No. 280477) 

ariel.house@bakerbotts.com 

BAKER BOTTS LLP 

101 California Street, Suite 3070 

San Francisco, California 94111 

Telephone: (415) 291-6200 

Facsimile: (415) 291-6300 

Paul R. Morico (pro hac vice) 

paul.morico@bakerbotts.com 

Elizabeth D. Flannery (pro hac vice) 

liz.flannery@bakerbotts.com 

BAKER BOTTS LLP 

One Shell Plaza 

901 Louisiana Street 

Houston, Texas 77002 

Telephone: (713) 229-1234 

Facsimile: (713) 229-1522 

Counsel for Plaintiff 

The Regents of the University of California

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

THE REGENTS OF THE UNIVERSITY OF 

CALIFORNIA, a California corporation, 

Plaintiff, 

v. 

ROGER JINTEH ARRIGO CHEN, an 

individual; GENIA TECHNOLOGIES, INC., a 

Delaware corporation; and DOES 1-25, 

Defendants. 

 Case No. 3:16-cv-07396-EMC 

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 

JURY TRIAL DEMANDED 

(modified)
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JOINT STIPULATION TO MODIFY DEADLINES 1 CASE NO. 3:16-CV-07396-EMC

Plaintiff Regents of the University of California’s (“Plaintiff”) and Defendants Roger 

Jinteh Arrigo Chen (“Chen”) and Genia Technologies, Inc. (“Genia,” and, together with Chen, 

“Defendants”) (collectively, Plaintiff and Defendants are referred to as the “Parties”), have metand-conferred and jointly stipulate and request as follows: 

WHEREAS, following a mediation held on May 1, 2018, the Parties have entered into an 

agreement in principle to settle this case, and the Parties require additional time to finalize a 

definitive settlement agreement so that the case may be dismissed in its entirety following the 

execution of that definitive agreement. 

WHEREAS, the Court previously entered a stipulated order extending deadlines to allow 

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

time. 

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

until July 11, 2018 (including any deadlines for briefing relating to any motions pending before 

the Court) while the Parties finalize the definitive agreement. 

WHEREAS, the Parties are working diligently to finalize the definitive agreement. 

WHEREAS, in accordance with their agreed suspension of discovery activity and 

deadlines, the Parties respectfully request the following modifications of additional deadlines set 

by the Court: 

1. The Court has set a Status Conference in this case for June 21, 2018 (Doc. 95). In 

order to allow the Parties time to finalize their settlement, the Parties hereby agree 

and request that the Court re-set this Status Conference for July 19, 2018, as noted in 

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

convenient for the Court. 

2. In its May 3, 2018 order (Doc. 95), the Court re-set the hearing on Defendants’ 

Motion to Join Oxford Nanopore Technologies, Inc. (Doc. 87) (“Defendants’ 

Motion”) to July 26, 2018, and the deadlines for the Parties to file their response and 

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

In order to allow the Parties time to finalize their settlement, the Parties hereby agree 
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JOINT STIPULATION TO MODIFY DEADLINES 2 CASE NO. 3:16-CV-07396-EMC

and request that, as noted in the Proposed Order attached hereto: the time for Plaintiff 

to file its Response to Defendants’ Motion be extended to and including July 20, 

2018; the time for Defendants to file their reply in support of Defendants’ Motion be 

extended to and including August 3, 2018; and the hearing on Defendants’ Motion be 

re-set for August 23, 2018. 

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

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

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

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

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

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

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

Order attached hereto. 

WHEREAS, the Parties have met and conferred and agree that there is good cause for 

these stipulated modifications, and that this stipulation is not made for purposes of delay, but 

rather so that the Parties can finalize the settlement of this case, which they are working 

diligently to do. Thus, the Parties respectfully request that the Court sign the Proposed Order 

attached hereto. 

SO STIPULATED. 

Dated: June 5, 2018 

BAKER BOTTS LLP 

By: /s/ Stuart C. Plunkett 

Stuart C. Plunkett (SBN 187971) 

stuart.plunkett@bakerbotts.com 

Ariel D. House (SBN 280477) 

ariel.house@bakerbotts.com 

101 California Street, Suite 3070 

San Francisco, California 94111 

WILMER CUTLER PICKERING 

HALE AND DORR LLP 

/s/ Robert J. Gunther, Jr. 

Robert J. Gunther, Jr. (NY SBN: 1967652) 

robert.gunther@wilmerhale.com 

Omar Khan (pro hac vice) 

omar.khan@wilmerhale.com 

7 World Trade Center 

250 Greenwich Street
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JOINT STIPULATION TO MODIFY DEADLINES 3 CASE NO. 3:16-CV-07396-EMC

Telephone: (415) 291-6200 

Facsimile: (415) 291-6300 

Paul R. Morico (pro hac vice) 

paul.morico@bakerbotts.com 

Elizabeth D. Flannery (pro hac vice) 

liz.flannery@bakerbotts.com 

One Shell Plaza 

901 Louisiana Street 

Houston, Texas 77002 

Telephone: (713) 229-1234 

Facsimile: (713) 229-1522 

Counsel for Plaintiff 

The Regents of the University of 

California

New York, NY 10007 

Telephone: (212) 230-8800 

Facsimile: (212) 230-8888 

Robert M. Galvin (State Bar No. 171508) 

robert.galvin@wilmerhale.com 

950 Page Mill Road 

Palo Alto, CA 94304 

Telephone: 650-858-6000 

Facsimile: 650-858-6100 

Sarah B. Petty (pro hac vice) 

sarah.petty@wilmerhale.com 

60 State Street 

Boston, MA 02109 

Telephone: 617-526-6000 

Facsimile: 617-526-5000 

Nora Q.E. Passamaneck (pro hac vice) 

nora.passamaneck@wilmerhale.com 

1225 17th Street, Suite 2600 

Denver, CO 80202 

Telephone: 720-274-3135 

Facsimile: 720-274-3133 

Counsel for Defendants 

Roger Jinteh Arrigo Chen and 

Genia Technologies, Inc.
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JOINT STIPULATION TO MODIFY DEADLINES 4 CASE NO. 3:16-CV-07396-EMC

ATTORNEY ATTESTATION 

I, Stuart C. Plunkett, am the ECF User whose ID and password are being used to file 

this Stipulation. In compliance with N.D. Cal. Civil L.R. 5-1(i)(3), I hereby attest that the 

concurrence in the filing of the document has been obtained from each of the other signatories. 

June 5, 2018 

By: /s/ Stuart C. Plunkett

Stuart C. Plunkett 

CERTIFICATE OF SERVICE 

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

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

registered counsel. 

By: /s/ Stuart C. Plunkett

Stuart C. Plunkett 
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JOINT STIPULATION TO MODIFY DEADLINES 5 CASE NO. 3:16-CV-07396-EMC

[PROPOSED] ORDER 

IT IS SO ORDERED that the foregoing Joint Stipulation is approved. 

The Court HEREBY ORDERS as follows: 

1. The Status Conference in this case set for June 21, 2018 is hereby vacated and reset for July 19, 2018. 

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

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

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

including August 3, 2018. 

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

hearing on August 23, 2018. 

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

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

including July 11, 2018. 

Dated: 

Edward M. Chen 

United States District Judge 

September 6, 2018 at 1:30 p.m. at 10:30 a.m. 6/5/18

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

AS MODIFIED

Judge Edward M. Chen