The Regents of the University of California v. Boston Scientific Corporation, No. 4:2016cv06266 - Document 82 (N.D. Cal. 2018)

Court Description: ORDER GRANTING STIPULATION TO EXTEND DISCOVERY DEADLINES re 79 Stipulation as to case 4:16-cv-6266-YGR. Signed by Judge Yvonne Gonzalez Rogers on 2/8/2018. (fs, COURT STAFF) (Filed on 2/8/2018)
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The Regents of the University of California v. Boston Scientific Corporation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 MARK T. JANSEN (SBN 114896) mjansen@crowell.com PILAR R. STILLWATER (SBN 260467) pstillwater@crowell.com MOLLY A. JONES (SBN 301419) mojones@crowell.com LISA QI (SBN 304401) lqi@crowell.com GALEN P. SALLOMI (SBN 306743) gsallomi@crowell.com CROWELL & MORING LLP Three Embarcadero Center, 26th Floor San Francisco, California 94111 Telephone: 415.986.2800 Facsimile: 415.986.2827 KATHRYN L. CLUNE (pro hac vice) kclune@crowell.com ALI H.K. TEHRANI (pro hac vice) atehrani@crowell.com CROWELL & MORING LLP 1001 Pennsylvania Ave, NW Washington, DC 20004 Telephone: 202.624.2705 Facsimile: 202.628.5116 Attorneys for Plaintiff THE REGENTS OF THE UNIVERSITY OF CALIFORNIA Doc. 82 DAVID J.F. GROSS (SB# 290951) david.gross@FaegreBD.com NICK P. CHAN (SB# 286925) nick.chan@FaegreBD.com FAEGRE BAKER DANIELS LLP 1950 University Avenue, Suite 450 East Palo Alto, CA 94303 Telephone: (650) 324-6700 Fax: (650) 324-6701 TIMOTHY E. GRIMSRUD (pro hac vice) tim.grimsrud@FaegreBD.com LAUREN J.F. BARTA (pro hac vice) lauren.barta@FaegreBD.com EVA B. STENSVAD (pro hac vice) eva.stensvad@FaegreBD.com FAEGRE BAKER DANIELS LLP 2200 Wells Fargo Center 90 South 7th Street Minneapolis, MN 55402 Telephone: (612) 766-7000 Fax: (612) 766-1600 Attorneys for Defendant BOSTON SCIENTIFIC CORPORATION 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION 17 18 19 20 21 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California Corporation, 24 25 ORDER GRANTING STIPULATION TO EXTEND DISCOVERY DEADLINES; [PROPOSED] ORDER Plaintiff, 22 23 Case No. 4:16-cv-06266-YGR v. BOSTON SCIENTIFIC CORPORATION, a Delaware Corporation, Defendant. 26 27 28 C ROWELL & M ORING LLP ATTO RNEY S AT LAW STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINES; CASE NO. 4:16-cv-06266-YGR Dockets.Justia.com 1 STIPULATION 2 Pursuant to Local Rules 6-1(b), 6-2, and 7-12, Plaintiff The Regents of the University of 3 California (“The Regents”) and Defendant Boston Scientific Corporation (“BSC”), respectfully 4 stipulate and jointly request that the Court issue an Order extending discovery deadlines by 5 approximately ten weeks. The parties submit that good cause exists for this stipulation for the 6 following reasons and those set forth in the Declaration of Mark T. Jansen in support of 7 Stipulation (“Jansen Decl.”), filed herewith: The Court granted the parties’ stipulated case management schedule on February 8 1. 9 17, 2017. D.I. 48. 10 2. On May 2, 2017, at the hearing and technology tutorial concerning BSC and 11 related case defendant St. Jude Medical, LLC’s motions to dismiss, the Court vacated all dates 12 after June 1, 2017 and set forth the following case schedule (see D.I. 60): 13 Event Current Deadline Close of Fact Discovery March 2, 2018 Initial Expert Reports Due April 6, 2018 Rebuttal Expert Reports Due May 18, 2018 Close of Expert Discovery June 8, 2018 Last Day to File Summary Judgment Motions July 10, 2018 Jury Trial February 4, 2019 14 15 16 17 18 19 20 21 3. During the hearing on May 2, 2017, the Court expressed its intent that The 22 Regents’ cases against related defendants St. Jude Medical, LLC and AtriCure Inc. proceed on the 23 same case and trial schedule. (The AtriCure case has since been settled and was dismissed.) 24 4. The Court also reiterated the revised case schedule in its December 20, 2017 Order 25 in related case, The Regents of the University of California v. St. Jude Medical, LLC, Case No. 26 16-cv-06210-YGR (“SJM Case”), D.I. 81 (Order Granting Revised Stipulation Selecting ADR 27 Process; Setting Pre-Trial Dates). In addition, the Court set the following dates in the SJM Case 28 (see id.): C ROWELL & M ORING LLP ATTO RNEY S AT LAW -1- STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINES; CASE NO. 4:16-cv-06266-YGR 1 Event Current Deadline Compliance Hearing re: Pretrial Instructions December 7, 2018 Joint Pretrial Conference Statement December 21, 2018 Pretrial Conference 2 January 18, 2019 3 4 5 6 5. On Monday, January 22, 2018, the parties filed a joint stipulation requesting that 7 the Court continue the trial date to accommodate St. Jude Medical, LLC’s counsel’s trial conflict 8 and to extend all pre-trial dates. D.I. 77. The Court denied the stipulation finding there was no 9 good cause to continue the trial date from February 4, 2019 to April 1, 2019. D.I. 78. However, 10 the Court indicated that it would consider a request to extend non-trial related deadlines, provided 11 that the parties understand “that moving such deadlines may mean that they may have to dual- 12 track motion practice and trial preparation.” Id. 13 6. The parties file the instant stipulation seeking an extension of the non-trial related 14 deadlines and understand that doing so may result in dispositive motion practice coinciding with 15 pre-trial preparation. The primary reasons for the extension of the non-trial related deadlines, 16 including especially the fact discovery deadline, are to (a) avoid motion practice on discovery and 17 allow the parties to complete discovery already in progress, including taking depositions after 18 completion of document production, and (b) allow the parties some extra time to focus on 19 preparing for mediation. 20 7. The parties have been engaging in discovery since April 2017 (even though the 21 pleadings did not close until June 6, 2017 (D.I. 67)) and are in the process of meeting and 22 conferring regarding the production of documents, including production of ESI for an agreed up- 23 to ten custodians, and the scheduling of depositions. Jansen Decl. at ¶ 4. Both parties have 24 produced documents, but their document productions are not complete, despite both parties 25 making voluminous productions of documents. Id. In addition, there are other outstanding 26 issues, including serious HIPAA implications, that the parties are attempting to cooperatively 27 resolve. Id. The parties have also served deposition notices but are having difficulty scheduling 28 C ROWELL & M ORING LLP ATTO RNEY S AT LAW -2- STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINES; CASE NO. 4:16-cv-06266-YGR 1 depositions in light of the upcoming mediation and witness availabilities. Id. Counsel for the 2 parties have met and conferred many times in December 2017 and January 2018 regarding these 3 issues and are trying to resolve all issues without discovery motion practice. Id. The parties 4 estimate that an additional ten weeks are needed to complete their discovery in this case. Id. 5 8. The parties have met once informally to discuss settlement and are continuing to 6 engage in settlement discussions. Id. at ¶ 5. In particular, pursuant to the Court’s Order dated 7 August 1, 2017, the parties have scheduled mediation at JAMS before retired Magistrate Judge 8 Infante to take place on February 21, 2018. See D.I. 71, 72. The parties would prefer to limit 9 discovery and expert expenses as much as possible before mediation. Jansen Decl., ¶ 5. 10 9. A continuance of dates requested herein will permit the parties to meaningfully 11 engage in the mediation process and will permit time to complete remaining discovery necessary 12 after mediation in the event that the parties do not reach an agreement at the mediation. 13 10. For these reasons, the parties therefore request that fact discovery and all 14 subsequent non-trial related deadlines be extended. The parties respectfully request that this 15 Court grant this stipulation to continue all previously-set non-trial related deadlines (as contained 16 in D.I. 60, SJM Case D.I. 81) as follows:1 17 Event Current Deadline Extended Deadline 18 Close of Fact Discovery March 2, 2018 May 11, 2018 19 Initial Expert Reports Due April 6, 2018 June 1, 2018 20 Rebuttal Expert Reports Due May 18, 2018 July 13, 2018 21 Close of Expert Discovery June 8, 2018 August 31, 2018 Last Day to File Summary Judgment Motions July 10, 2018 September 14, 2018 Compliance Hearing re: Pretrial Instructions December 7, 2018 December 7, 2018 Joint Pretrial Conference Statement December 21, 2018 December 21, 2018 Pretrial Conference January 18, 2019 January 18, 2019 22 23 24 25 26 27 Pursuant to the Court’s order, the parties recognize “that moving such deadlines may mean that they may have to dual-track motion practice and trial preparation.” D.I. 78. 1 28 C ROWELL & M ORING LLP ATTO RNEY S AT LAW -3- STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINES; CASE NO. 4:16-cv-06266-YGR 1 Jury Trial February 4, 2019 February 4, 2019 2 3 IT IS SO STIPULATED. Respectfully submitted, 4 5 DATED: February 2, 2018 CROWELL & MORING LLP 6 7 By: /s/ Mark T. Jansen Mark T. Jansen Kathryn L. Clune Pilar R. Stillwater Ali H.K. Tehrani Molly A. Jones Lisa Qi Galen P. Sallomi Attorneys for Plaintiff THE REGENTS OF THE UNIVERSITY OF CALIFORNIA 8 9 10 11 12 13 14 DATED: February 2, 2018 FAEGRE BAKER DANIELS LLP 15 16 17 18 19 20 By: /s/ Lauren J.F. Barta David J.F. Gross Timothy E. Grimsrud Lauren J.F. Barta Eva B. Stensvad Nick P. Chan Attorneys for Defendant BOSTON SCIENTIFIC CORPORATION 21 22 23 24 25 26 27 28 C ROWELL & M ORING LLP ATTO RNEY S AT LAW -4- STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINES; CASE NO. 4:16-cv-06266-YGR 1 2 3 [PROPOSED] ORDER GOOD CAUSE APPEARING THEREFORE, and the parties’ having stipulated to the same, the parties’ stipulation is hereby GRANTED. The Court orders the following deadlines: 4 Event Current Deadline Extended Deadline 5 Close of Fact Discovery March 2, 2018 May 11, 2018 6 Initial Expert Reports Due April 6, 2018 June 1, 2018 7 Rebuttal Expert Reports Due May 18, 2018 July 13, 2018 8 Close of Expert Discovery June 8, 2018 August 31, 2018 Last Day to File Summary Judgment Motions July 10, 2018 September 14, 2018 Compliance Hearing re: Pretrial Instructions December 7, 2018 December 7, 2018 Joint Pretrial Conference Statement December 21, 2018 December 21, 2018 Pretrial Conference January 18, 2019 January 18, 2019 Jury Trial February 4, 2019 February 4, 2019 9 10 11 12 13 14 15 IT IS SO ORDERED. 16 17 February 8 DATED: __________________, 2018 18 19 20 21 THE HONORABLE YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 C ROWELL & M ORING LLP ATTO RNEY S AT LAW -5- STIPULATION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINES; CASE NO. 4:16-cv-06266-YGR