Filed: May 23, 2018
Latest Update: May 23, 2018
Summary: JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME JON S. TIGAR , District Judge . Pursuant to Civil Local Rules 6-1(b), 6-2 and 7-12, Plaintiff NuGEN Technologies, Inc. ("NuGEN") and Defendant Keygene N.V. ("Keygene") stipulate as recited below and jointly request that the Court modify certain deadlines in the current case schedule and the briefing deadlines associated with NuGEN's Motion to Dismiss (ECF No. 54). 1. On May 9, 2018, the parties appeared before the Court at the Cas
Summary: JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME JON S. TIGAR , District Judge . Pursuant to Civil Local Rules 6-1(b), 6-2 and 7-12, Plaintiff NuGEN Technologies, Inc. ("NuGEN") and Defendant Keygene N.V. ("Keygene") stipulate as recited below and jointly request that the Court modify certain deadlines in the current case schedule and the briefing deadlines associated with NuGEN's Motion to Dismiss (ECF No. 54). 1. On May 9, 2018, the parties appeared before the Court at the Case..
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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME
JON S. TIGAR, District Judge.
Pursuant to Civil Local Rules 6-1(b), 6-2 and 7-12, Plaintiff NuGEN Technologies, Inc. ("NuGEN") and Defendant Keygene N.V. ("Keygene") stipulate as recited below and jointly request that the Court modify certain deadlines in the current case schedule and the briefing deadlines associated with NuGEN's Motion to Dismiss (ECF No. 54).
1. On May 9, 2018, the parties appeared before the Court at the Case Management Conference. Declaration of Bradley D. Roush ("Roush Decl."), ¶ 2.
2. The same day, the Court issued the Scheduling Order for this case (ECF No. 53), which adopted the patent disclosure deadlines proposed by the parties in the Joint Case Management Statement, and set the Claim Construction Tutorial for February 26, 2019 and the Claim Construction Hearing for March 12, 2019. Roush Decl., ¶ 3.
3. In consideration of holidays in the United States, Memorial Day (May 28, 2018), and the Netherlands, Pentecost Day (May 21, 2018), as well as other obligations of Keygene's counsel, NuGEN has agreed to extend by fourteen (14) days:
a. from May 23, 2018 to June 6, 2018, the deadline for Keygene to serve its Patent L.R. 3-1 and 3-2 disclosure of asserted claims, infringement contentions, and accompanying documents; and
b. from May 29, 2018, to June 12, 2018, the deadline for Keygene to respond to NuGEN's Motion to Dismiss (ECF No. 54).
Roush Decl., ¶¶ 4-5.
4. In exchange, Keygene has agreed to extend by fourteen (14) days: from June 5, 2018 to June 19, 2018, the deadline for NuGEN to file its reply in support of its Motion to Dismiss (ECF No. 54). Roush Decl. ¶ 6.
5. The previous time modifications in this case are as follows:
a. on February 15, 2018, the parties stipulated to extend the time for Keygene, Inc.1 to respond to the complaint from February 16, 2018 to March 19, 2018. ECF No. 18.
b. on April 3, 2018, the Court granted the parties' joint stipulation to extend the time for NuGEN to respond to Keygene, Inc.'s Motion to Dismiss (ECF No. 25). ECF No. 32.
c. on April 17, 2018, the parties stipulated to extend the time for Keygene to respond to the complaint from April 17, 2018 to April 24, 2018, and to extend the time for the parties to exchange initial disclosures from April 20, 2018 to April 27, 2018. ECF No. 43.
Roush Decl. ¶ 7.
6. No other deadlines will be affected by these stipulated time modifications.
NOW THEREFORE, the parties hereby stipulate and respectfully request that, for the reasons described above, the deadlines in this case be modified as set forth below:
Event Current Deadline Proposed Deadline
Disclosure of Asserted Claims May 23, 2018 June 6, 2018
and Infringement Contentions
(Patent LR 3-1 and 3-2)
Keygene's Response to May 29, 2018 June 12, 2018
NuGEN's Motion to Dismiss
(ECF No. 54)
NuGEN's Reply in Support of June 5, 2018 June 19, 2018
Motion to Dismiss (ECF No. 54)
ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1
I, Kimberly K. Dodd, attest that concurrence in the filing of this Joint Stipulation and [Proposed] Order Extending Time has been obtained from the counsel for Plaintiff NuGEN Technologies, Inc. I declare under penalty of perjury under the law of the United States of America that the foregoing is true and correct. Executed this 23rd day of May, 2018.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
