JOINT STIPULATION TO MODIFY DEADLINES

CASE NO. 3:16-CV-7396-EMC 

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

robert.gunther@wilmerhale.com 

Omar Khan (pro hac vice) 

omar.khan@wilmerhale.com 

WILMER CUTLER PICKERING HALE 

AND DORR LLP 

250 Greenwich Street 

New York, NY 10007 

Telephone: (212) 230-8800 

Facsimile: (212) 230-8888 

Robert M. Galvin (State Bar No. 171508) 

robert.galvin@wilmerhale.com 

WILMER CUTLER PICKERING HALE 

AND DORR LLP 

950 Page Mill Road 

Palo Alto, CA 94304 

Telephone: (650) 858-6000 

Facsimile: (650) 858-6100 

(Additional Counsel on Signature Page) 

Counsel for Genia Technologies, Inc. 

and Roger Jinteh Arrigo Chen 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

THE REGENTS OF THE UNIVERSITY OF 

CALIFORNIA, a California corporation, 

 Plaintiff, 

 vs. 

ROGER JINTEH ARRIGO CHEN, an 

individual; GENIA TECHNOLOGIES, INC., 

a Delaware corporation; and DOES 1-25, 

 Defendants. 

Case No. 3:16-cv-7396-EMC 

JOINT STIPULATION AND 

[PROPOSED] ORDER TO MODIFY 

DEADLINES 

(modified)
JOINT STIPULATION TO MODIFY DEADLINES

CASE NO. 3:16-CV-7396-EMC 1 

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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 has previously entered stipulations order extending deadlines to 

allow the parties to finalize the settlement agreement (Docs. 95, 98), and the parties now require 

additional time. 

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

until July 30, 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 and 

anticipate doing so within the coming two weeks. 

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 July 19, 2018 (Doc. 98). 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 August 9, 2018, as noted in 

the Proposed Order attached hereto, or for an alternate date in early August 2018 

convenient for the Court. 

2. In its June 5, 2018 order (Doc. 98), the Court re-set the hearing on Defendants’ 

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

Motion”) to September 6, 2018, and the deadlines for the Parties to file their response and 
JOINT STIPULATION TO MODIFY DEADLINES

CASE NO. 3:16-CV-7396-EMC 2 

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reply in connection with this motion to July 20, 2018 and August 3, 2018, respectively. 

In order to allow the Parties time to finalize their settlement, the Parties hereby agree 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, August 10, 

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

extended to and including August 24, 2018; and the hearing on Defendants’ Motion be 

re-set for September 13, 2018. 

3. In its June 5, 2018 order (Doc. 98), the Court set a deadline of July 11, 2018 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). 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 25, 2018, as noted in the Proposed Order attached hereto. 

4. In its April 3, 2018 (Doc. 85) order modifying trial deadlines, the Court set the following 

deadlines: 

a. Dispositive Motions: Last day to be heard 11/18/2018 at 1:30pm; 

b. Non-Expert Discovery Cut-Off: 7/2/2018; 

c. Opening Expert Reports: 8/16/2018; 

d. Rebuttal Expert Reports: 9/6/2018; 

e. Expert Discovery Cut-Off: 9/27/2018; 

In order to permit the parties to finalize their settlement agreement, the parties 

respectfully request that the Court extend those deadlines as follows: 

a. Dispositive Motions: Last day to be heard 11/25/2018 at 1:30pm; 

b. Non-Expert Discovery Cut-Off: 7/30/2018; 

c. Opening Expert Reports: 8/30/2018; 

d. Rebuttal Expert Reports: 9/20/2018; 

e. Expert Discovery Cut-Off: 10/4/2018; 

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JOINT STIPULATION TO MODIFY DEADLINES

CASE NO. 3:16-CV-7396-EMC 3 

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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 

DATE: July 1, 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 

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

WILMER CUTLER PICKERING 

HALE AND DORR LLP 

/s/ Robert J. Gunther, Jr. 

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

robert.gunther@wilmerhale.com 

Omar Khan (pro hac vice) 

omar.khan@wilmerhale.com 

WILMER CUTLER PICKERING HALE 

AND DORR LLP 

250 Greenwich Street 

New York, NY 10007 

Telephone: (212) 230-8800 

Facsimile: (212) 230-8888 

Robert M. Galvin (State Bar No. 171508) 

robert.galvin@wilmerhale.com 

WILMER CUTLER PICKERING HALE 

AND DORR LLP 

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 

WILMER CUTLER PICKERING HALE 

AND DORR LLP 

60 State Street 

Boston, MA 02109 
JOINT STIPULATION TO MODIFY DEADLINES

CASE NO. 3:16-CV-7396-EMC 4 

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Telephone: (617) 526-6000 

Facsimile: (617) 526-5000 

Nora Q.E. Passamaneck (pro hac vice) 

nora.passamaneck@wilmerhale.com 

WILMER CUTLER PICKERING HALE 

AND DORR LLP 

1225 17th Street, Suite 2600 

Denver, CO 80202 

Telephone: (720) 274-3135 

Facsimile: (720) 274-3133 

Counsel for Genia Technologies, Inc. and 

Roger Jinteh Arrigo Chen

 

 
JOINT STIPULATION TO MODIFY DEADLINES

CASE NO. 3:16-CV-7396-EMC 5 

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ATTORNEY ATTESTATION

I, Robert B. Gunther, 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 signatories. 

/s/ Robert B. Gunther 

Robert B. Gunther 

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the above and foregoing 

document has been served on July 1, 2018, to all counsel of record who are deemed to have 

consented to electronic service via the Court’s CM/ECF system. 

/s/ Robert B. Gunther 

Robert B. Gunther 

 
JOINT STIPULATION TO MODIFY DEADLINES

CASE NO. 3:16-CV-7396-EMC 6 

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[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 for July 19, 2018 is hereby vacated and reset for 

August 9, 2018. 

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

Nanopore Technologies, Inc. (Doc. 87) shall be extended to and including August 10, 

2018, and the deadline for Defendants to file any reply for that Motion shall be extended 

to August 24, 2018. 

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

on September 13, 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 25, 2018. 

5. The following modified deadlines are hereby ordered, replacing the previously-ordered 

dates for these deadlines: 

a. Dispositive Motions: Last day to be heard 11/25/2018 at 1:30pm; 

b. Non-Expert Discovery Cut-Off: 7/30/2018; 

c. Opening Expert Reports: 8/30/2018; 

d. Rebuttal Expert Reports: 9/20/2018; 

e. Expert Discovery Cut-Off: 10/4/2018; 

Dated: ______________________ _______________________________

 Edward M. Chen 

 United States District Court Judge 

15 7/3/2018

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

AS MODIFIED

Judge Edward M. Chen