Regents of University of Michigan et al v. Novartis Pharmaceuticals Corporation, No. 4:2022cv04913 - Document 37 (N.D. Cal. 2022)
Court Description: ORDER GRANTING 36 STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT AND CONTINUE INITIAL CASE MANAGEMENT CONFERENCE.Initial Case Management Conference set for 1/10/2023 02:00 PM. The 1/10 proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a publ ic hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line . For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaki ng at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. Signed by Judge Haywood S. Gilliam, Jr. on 11/3/2022. (ndr, COURT STAFF) (Filed on 11/3/2022)
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Regents of University of Michigan et al v. Novartis Pharmaceuticals Corporation 1 2 3 4 5 6 7 8 9 10 11 Doc. 37 Marc J. Pernick (CA Bar No. 160591) mpernick@mkwllp.com MAURIEL KAPOUYTIAN WOODS LLP 450 Sansome Street., Suite 1005 San Francisco, CA 94111 Tel: (415) 738-6228 Sherman W. Kahn (CA Bar No. 168924) skahn@mkwllp.com Hui Liu (pro hac vice to be filed) hliu@mkwllp.com MAURIEL KAPOUYTIAN WOODS LLP Mauriel Kapouytian Woods LLP 15 W. 26th Street, 7th Floor New York, NY 10010 Tel: (212) 529-5131 Attorneys for Defendant Novartis Pharmaceuticals Corporation 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 OAKLAND DIVISION 16 17 18 THE REGENTS OF THE UNIVERSITY OF MICHIGAN, and THE UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES, 19 Plaintiffs, 20 21 22 v. NOVARTIS PHARMACEUTICALS CORPORATION Case No. 4:22-cv-04913-HSG JURY TRIAL DEMANDED JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT AND TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE [Civil L.R. 6-1, 6-2] 23 Defendant. 24 Current Hearing Date: December 13, 2022 Hon. Haywood S. Gilliam, Jr. 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT AND TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE Dockets.Justia.com 1 Pursuant to Civil L.R. 6-1 and 6-2, Plaintiffs The Regents of the University of Michigan 2 and The University of South Florida Board of Trustees (collectively, “Plaintiffs”), and Defendant 3 Novartis Pharmaceuticals Corporation (“Novartis” or “Defendant”), hereby respectfully stipulate 4 as follows: 5 1. Plaintiffs filed their complaint against Novartis on August 29, 2022. (Dkt. 1.) 6 2. Based on prior stipulations and a prior order that adopted the most recent 7 stipulation, Novartis’ current deadline to answer or otherwise respond to the complaint is 8 November 10, 2022. (Dkt. 29, 34-35.) 9 10 11 3. Furthermore, the Initial Case Management Conference is currently scheduled for December 13, 2022. (Dkt. 35.) 4. Pursuant to the Court’s Order Setting Initial Case Management Conference and 12 ADR Deadlines and the Court’s Order adopting the parties’ stipulation to extend certain deadlines, 13 the parties are required to meet and confer regarding initial disclosures, early settlement, ADR 14 process selection, and a discovery plan by November 22, 2022. (Dkt. 9, 35.) The parties are also 15 required to file an ADR Certification by December 6, 2022. (Dkt. 9, 35.) 16 5. Novartis has requested additional time to answer or otherwise respond to the 17 complaint, and Plaintiffs have agreed that the deadline for Novartis to answer or otherwise 18 respond to the complaint shall be extended by 11 days from November 10, 2022, to 19 November 21, 2022. 20 6. Given this extension, certain deadlines in the Court’s Order Setting Initial Case 21 Management Conference and ADR Deadlines (Dkt. 9) and further Order continuing Initial Case 22 Management Conference (Dkt. 35) are set to occur very shortly after Novartis answers or 23 otherwise responds to the complaint. 24 7. To allow the parties sufficient time to meet the deadlines set in the Court’s Orders 25 and meet and confer on the positions to be submitted by the parties in the Rule 26(f) Report and 26 Case Management Statement, the parties respectfully request that the Initial Case Management 27 Conference be continued by three weeks, to during the week of January 2, 2023, or to a date and 28 time at the Court’s convenience. 1 JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT AND TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE 1 2 3 8. There is good cause for the extension to allow the parties to fully consider and assess case management early in the case. Accordingly, the parties stipulate that the deadline for Novartis to answer or otherwise 4 respond to the complaint shall be extended to November 21, 2022. The parties further respectfully 5 request that the Court continue the Initial Case Management Conference by three weeks, to occur 6 during the week of January 2, 2023, or at the Court’s convenience. 7 8 9 10 11 12 13 Dated: November 2, 2022 FISH & RICHARDSON P.C. By: /s/ Kelly A. Del Dotto John M. Farrell (Cal. Bar No. 99649) jfarrell@fr.com Fish & Richardson P.C. 500 Arguello Street, Suite 500 Redwood City, CA 94063 Phone: 650-893-5070 Fax: 650-839-5071 14 Ahmed J. Davis (Pro hac vice) ajd@fr.com Laura C. Whitworth (Pro hac vice) whitworth@fr.com Taylor Burgener (Pro hac vice) tcaldwell@fr.com 1000 Maine Ave., S.W., Suite 1000 Washington, D.C. 20024 Tel: (202) 783-5070 Fax: (202) 783-2331 15 16 17 18 19 20 Elizabeth M. Flanagan (Pro hac vice) eflanagan@fr.com Kelly A. Del Dotto (Pro hac vice) allenspach.del.dotto@fr.com 222 Delaware Avenue, 17th Floor Wilmington, DE 19801 Tel: (302) 652-5070 Fax: (302) 652-0607 21 22 23 24 25 Jacqueline T. Moran (Pro hac vice) jtmoran@fr.com 1221 McKinney Street Suite 2800 Houston, TX 77010 26 27 28 2 JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT AND TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE 1 Tel: (713) 654-5300 Fax: (713) 652-0109 2 ATTORNEYS FOR PLAINTIFFS THE REGENTS OF THE UNIVERSITY OF MICHIGAN AND THE UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES 3 4 5 6 7 8 9 10 Dated: November 2, 2022 MAURIEL KAPOUYTIAN WOODS LLP By: /s/ Marc J. Pernick Marc J. Pernick (CA Bar No. 160591) mpernick@mkwllp.com MAURIEL KAPOUYTIAN WOODS LLP 450 Sansome Street., Suite 1005 San Francisco, CA 94111 Tel: (415) 738-6228 11 Sherman W. Kahn (CA Bar No. 168924) skahn@mkwllp.com Hui Liu (pro hac vice to be filed) hliu@mkwllp.com MAURIEL KAPOUYTIAN WOODS LLP 15 W. 26th Street, 7th Floor New York, NY 10010 Tel: (212) 529-5131 12 13 14 15 16 ATTORNEYS FOR DEFENDANT NOVARTIS PHARMACEUTICALS CORPORATION 17 18 19 20 21 22 ATTESTATION I, Marc J. Pernick, hereby attest that each of the other Signatories have concurred in the filing of the document, in compliance with Civil L.R. 5-1(h)(3), 23 /s/ Marc J. Pernick 24 25 26 27 28 3 JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT AND TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE 1 ORDER 2 PURSUANT TO STIPULATION, IT IS SO ORDERED: 3 The deadline for Novartis to answer or otherwise respond to the Complaint is extended to 4 5 November 21, 2022; and The Telephonic Initial Case Management Conference is continued to 1/10/2023, at 2:00 PM. 6 7 8 Dated: 11/3/2022 ___________________________________ 9 Hon. Haywood S. Gilliam, Jr. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 JOINT STIPULATION AND ORDER TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT AND TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE 1 2 3 4 5 6 7 8 9 10 11 Marc J. Pernick (CA Bar No. 160591) mpernick@mkwllp.com MAURIEL KAPOUYTIAN WOODS LLP 450 Sansome Street., Suite 1005 San Francisco, CA 94111 Tel: (415) 738-6228 Sherman W. Kahn (CA Bar No. 168924) skahn@mkwllp.com Hui Liu (pro hac vice to be filed) hliu@mkwllp.com MAURIEL KAPOUYTIAN WOODS LLP Mauriel Kapouytian Woods LLP 15 W. 26th Street, 7th Floor New York, NY 10010 Tel: (212) 529-5131 Attorneys for Defendant Novartis Pharmaceuticals Corporation 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 OAKLAND DIVISION 16 17 18 THE REGENTS OF THE UNIVERSITY OF MICHIGAN, and THE UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES, 19 Plaintiffs, 20 21 22 v. Case No. 4:22-cv-04913-HSG DECLARATION OF MARC J. PERNICK IN SUPPORT OF JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT AND TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE NOVARTIS PHARMACEUTICALS CORPORATION 23 Defendant. 24 25 26 27 28 DECLARATION OF MARC J. PERNICK IN SUPPORT OF JOINT STIPULATION AND [PROPOSED] ORDER 1 I, Marc J. Pernick, declare as follows: 2 1. I am a partner at Mauriel Kapouytian Woods LLP, counsel for Defendant Novartis 3 Pharmaceuticals Corporation (“Novartis” or “Defendant”) in this action. I am a member of the 4 Bar of the State of California. I submit this Declaration in support of the Joint Stipulation and 5 [Proposed] Order to Extend Time to Answer or Otherwise Respond to Complaint to Continue 6 Initial Case Management Conference. I have personal knowledge of the matters stated in this 7 declaration and would testify truthfully to them if called upon to do so. 8 2. Plaintiffs filed their complaint against Novartis on August 29, 2022. (Dkt. 1.) 9 3. Based on prior stipulations and a prior order that adopted the most recent 10 stipulation, Novartis’ current deadline to answer or otherwise respond to the complaint is 11 November 10, 2022. (Dkt. 29, 34-35.) 12 13 14 4. Furthermore, the Initial Case Management Conference is currently scheduled for December 13, 2022. (Dkt. 35.) 5. Pursuant to the Court’s Order Setting Initial Case Management Conference and 15 ADR Deadlines and the Court’s Order adopting the parties’ stipulation to extend certain deadlines, 16 the parties are required to meet and confer regarding initial disclosures, early settlement, ADR 17 process selection, and a discovery plan by November 22, 2022. (Dkt. 9, 35.) The parties are also 18 required to file an ADR Certification by December 6, 2022. (Dkt. 9, 35.) 19 6. Novartis has requested additional time to answer or otherwise respond to the 20 complaint, and Plaintiffs have agreed that the deadline for Novartis to answer or otherwise 21 respond to the complaint shall be extended by 11 days from November 10, 2022, to 22 November 21, 2022. 23 7. Given this extension, certain deadlines in the Court’s Order Setting Initial Case 24 Management Conference and ADR Deadlines (Dkt. 9) and further Order continuing Initial Case 25 Management Conference (Dkt. 35) are set to occur very shortly after Novartis answers or 26 otherwise responds to the complaint. 27 28 8. To allow the parties sufficient time to meet the deadlines set in the Court’s Orders and meet and confer on the positions to be submitted by the parties in the Rule 26(f) Report and 1 DECLARATION OF MARC J. PERNICK IN SUPPORT OF JOINT STIPULATION AND [PROPOSED] ORDER 1 Case Management Statement, the parties respectfully request that the Initial Case Management 2 Conference be continued by three weeks, to during the week of January 2, 2023, or at a date and 3 time of the Court’s convenience. 4 5 6 9. There is good cause for the extension to allow the parties to fully consider and assess case management issues early in the case. I declare under penalty of perjury that the foregoing is true and correct. 7 8 Executed this 2nd day of November 2022 at New York, NY. 9 /s/ Marc J. Pernick Marc J. Pernick 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 DECLARATION OF MARC J. PERNICK IN SUPPORT OF JOINT STIPULATION AND [PROPOSED] ORDER
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