Filed: Jun. 08, 2016
Latest Update: Jun. 08, 2016
Summary: STIPULATION AND ORDER TO EXTEND CASE MANAGEMENT SCHEDULE AND INCREASE PAGE LIMITS CHARLES R. BREYER , District Judge . Lead Plaintiff Vinod Patel ("Lead Plaintiff") and Defendants Geron Corporation, John A. Scarlett, Olivia K. Bloom, and Stephen M. Kelsey (collectively "Defendants" and together with Lead Plaintiff, the "Parties"), by and through their undersigned counsel, hereby stipulate as follows: WHEREAS, on November 6, 2015, the Parties filed their Joint Case Management Statement and
Summary: STIPULATION AND ORDER TO EXTEND CASE MANAGEMENT SCHEDULE AND INCREASE PAGE LIMITS CHARLES R. BREYER , District Judge . Lead Plaintiff Vinod Patel ("Lead Plaintiff") and Defendants Geron Corporation, John A. Scarlett, Olivia K. Bloom, and Stephen M. Kelsey (collectively "Defendants" and together with Lead Plaintiff, the "Parties"), by and through their undersigned counsel, hereby stipulate as follows: WHEREAS, on November 6, 2015, the Parties filed their Joint Case Management Statement and O..
More
STIPULATION AND ORDER TO EXTEND CASE MANAGEMENT SCHEDULE AND INCREASE PAGE LIMITS
CHARLES R. BREYER, District Judge.
Lead Plaintiff Vinod Patel ("Lead Plaintiff") and Defendants Geron Corporation, John A. Scarlett, Olivia K. Bloom, and Stephen M. Kelsey (collectively "Defendants" and together with Lead Plaintiff, the "Parties"), by and through their undersigned counsel, hereby stipulate as follows:
WHEREAS, on November 6, 2015, the Parties filed their Joint Case Management Statement and Order (the "Initial CMS") (ECF No. 94) proposing a litigation schedule and discovery plan for this action;
WHEREAS, on November 13, 2015, the Court expressly adopted certain dates set forth in the Initial CMS, and, although not reflected in the Minute Entry (ECF No. 95), presumably approved the remaining dates set forth in the Initial CMS;
WHEREAS, the Parties unsucessfully attempted to mediate their dispute but since that time have continued discussions to reach a potential resolution of this action, pursuant to which discussions targeted discovery and additional information have been exchanged among the Parties;
WHEREAS, the Parties would like to continue mediation discussions over the course of the next several weeks without incurring certain significant expenses that would result from meeting certain deadlines relating to the completion of document production and the briefing of Lead Plaintiff's upcoming motion for class certification; and
WHEREAS, the Parties have agreed to a new case management schedule that would postpone several impending deadlines for approximately one month to accommodate for further mediation discussions;
WHEREAS, pursuant to the amended case management schedule set forth below, Lead Plaintiff intends to file a motion for class certification;
WHEREAS, Civil Local Rule 7-2(b) provides that memoranda of points and authorities may not exceed 25 pages, but this Court's Standing Order provides that any such memoranda may not exceed 15 pages;
WHEREAS, given the complexity of the legal issues that must be addressed, the 15-page limit would prevent the Parties from adequately setting forth their arguments in support of and in opposition to Lead Plaintiff's motion for class certification; and
WHEREAS, counsel for the Parties met and conferred to discuss page limits for the motion for class certification, and agreed that the page limits for both Lead Plaintiff's opening brief in support of and Defendants' opposition to the motion should be increased beyond 15 pages.
WHEREFORE, IT IS HEREBY STIPULATED AND AGREED that,
1. The following amended case management schedule should be adopted and the dates highlighted in the chart below should replace the dates set forth in the Initial CMS:
EVENT DATE
Exchange of initial disclosures December 11, 2015
Plaintiff to file class certification motion August 12, 2016
Deadline for substantial completion of document September 30, 2016
productions
Defendants to respond to Plaintiff's class September 26, 2016
certification motion
Plaintiff's reply in support of class certification November 7, 2016
motion
Hearing on Plaintiff's class certification motion December 2, 2016, or on a date set by
the Court
Fact discovery cut-off February 24, 2017
Last day to amend pleadings or add parties March 10, 2017
Deadline for Plaintiff to submit expert reports April 7, 2017
Deadline for Defendants to submit expert reports May 8, 2017
Deadline for Plaintiff to submit rebuttal expert June 7, 2017
reports, if any
Expert discovery cut-off June 23, 2017
Defendants to file motion for summary judgment July 14, 2017
and/or summary adjudication
Plaintiff's to respond to Defendants' motion for
summary judgment and/or summary adjudication August 28, 2017
Defendants reply in support of Defendants' motion
for summary judgment and/or summary adjudication October 12, 2017
Last day to conduct settlement conference No later than 25 days after Court's
ruling on all dispositive motions
Deadline to serve and file Rule 26(a)(3) disclosures No later than 30 days after Court's
ruling on all dispositive motions
Deadline to serve motions in limine No later than 30 days after Court's
ruling on all dispositive motions
Deadline to serve oppositions to motions in limine No later than 60 days after Court's
ruling on all dispositive motions
Deadline for the Parties to exchange copies of all No later than 60 days after Court's
exhibits, summaries, charts, and diagrams to be used ruling on all dispositive motions
at trial other than solely for impeachment
Deadline to file joint proposed final pretrial order
and other materials as set forth in the Court's No later than 73 days after Court's
"Guidelines for Trial and Final Pretrial Conference ruling on all dispositive motions
in Civil Jury Cases"
No later than 80 days after Court's
Pre-trial conference ruling on all dispositive motions
No later than 90 days after Court's
Trial to commence ruling on all dispositive motions
2. Lead Plaintiff's opening brief in support of his motion for class certification shall not exceed 25 pages in length.
3. Defendants' opposition to Lead Plaintiff's motion for class certification shall not exceed 35 pages in length.
4. Lead Plaintiff's reply in support of his motion for class certification shall not exceed 20 pages in length.
ATTESTATION (CIVIL LOCAL RULE 5-1(i)(3))
In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this document has been obtained from the signatory.
ORDER
Pursuant to the foregoing stipulation, and good cause appearing, IT IS SO ORDERED.
