UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
November 1, 2012
KINFONG SIT, AN INDIVIDUAL; AND MEE WAI CHIU, AN INDIVIDUAL,
GENENTECH, INC., TAX REDUCTION INVESTMENT PLAN;
AYUMI NAKAMOTO; AND DOES 1 TO 20,
SECOND STIPULATED REQUEST FORORDERCHANGINGTIME Civ. L.R. 6-1(b), 6-2(a), 7-12
Pursuant to Civil Local Rules 6-1(b), 6-2(a) and 7-12, Plaintiffs Kinfong Sit and Mee Wai Chiu ("Plaintiffs") and Defendant Genentech, Inc. Tax Reduction Investment Plan (the "Plan"), 26 by their respective counsel, stipulate and agree as follows: 27
1. On October 4, 2012, Plaintiffs filed a motion to remand this case back to state 28 court, Dkt. No. 18, a motion for a preliminary injunction, Dkt. No. 19, and a motion for sanctions
2. The Plan's responses to these motions originally were due to be filed on or before October 18, 2012. 4
3. On October 4 and 16, 2012, counsel for Plaintiffs and the Plan conferred by 5 telephone with respect to Plaintiffs' motions and the related briefing schedules. 6
4. Plaintiffs agreed to extend the deadline for the Plan to respond to the motions by
7 two weeks, to November 1, 2012, in order to permit Plaintiffs and the Plan additional time to 8 confer in an effort to reach an amicable resolution of the issues raised in the motions. 9
5. On October 16, 2012, the parties filed a stipulation to that effect. See Dkt. No. 29.
6. On October 23, 2012, the Court entered an order resetting the response deadlines
11 for all three motions to November 1, 2012. See Dkt. No. 35. 12
7. Since that time, including on October 23, 2012 and October 29, 2012, counsel for
Plaintiffs and the Plan have further conferred to try to resolve Plaintiffs' motions. The parties 14 also have discussed a potential stipulation regarding case management matters, a part of which 15 will involve Plaintiffs' withdrawal of the pending motions. The parties' negotiations in that 16 regard are ongoing. 17
8. Accordingly, the parties respectfully request that the Court again continue the
18 response deadlines for the three pending motions so that they may conclude efforts to resolve the 19 pending motions without need for the Court's involvement. Should those efforts not result in the 20 withdrawal of the motions, the parties respectfully request the following briefing schedules: 21
x Defendant's Opposition due by November 13, 2012; and
Plaintiff's Reply due by November 20, 2012.
9. The parties further request that the hearing date for the motions be moved to
Friday, November 30, 2012 at 9:00 a.m. 3
IT IS SO STIPULATED.
Dated: October 30, 2012 /s/ Nicole A. Diller Nicole A. Diller, SBN 154842 MORGAN, LEWIS & BOCKIUS LLP Attorneys for Defendant GENENTECH, INC. TAX 7 REDUCTION INVESTMENT PLAN 8 Dated: October 30, 2012 /s/ Wendell H. Goddard 9 Wendell H. Goddard, SBN 65944 GODDARD LAW OFFICES 10 Attorneys for Plaintiffs KINFONG SIT and MEE WAI CHIU
PURSUANT TO STIPULATION, IT IS SO ORDERED 13
NICOLE A. DILLER, SBN 154842 ALISON B. WILLARD, SBN 268672 2 MORGAN, LEWIS & BOCKIUS LLP One Market, Spear Street Tower 3 San Francisco, California 94105-1126 Telephone: (415) 442-1000 4 Facsimile: (415) 442-1001 email@example.com 5 Attorneys for Defendant 6
GENENTECH, INC., TAX REDUCTION INVESTMENT PLAN 7 8
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Case No. 3:12-cv-04864-SI
KINFONG SIT, an individual; and MEE
WAI CHIU, an individual, Plaintiffs, DECLARATION OF NICOLE A. DILLER IN SUPPORT OF SECOND v. STIPULATED REQUEST FOR ORDER CHANGING TIME GENENTECH, INC., TAX REDUCTION INVESTMENT PLAN; AYUMI Civ. L.R. 6-1(b), 6-2(a), 7-12 15 NAKAMOTO; and DOES 1 to 20, 16 Defendants.
I, Nicole A. Diller, declare and state as follows:
1. I am a partner at the law firm of Morgan, Lewis & Bockius LLP, attorneys of
20 record for Defendant Genentech, Inc. Tax Reduction Investment Plan (the "Plan"). I am licensed 21 to practice law in the State of California. Except as otherwise indicated, I have direct and 22 personal knowledge of the facts set forth in this Declaration and, if called and sworn as a witness, 23
I would competently testify to these facts. 24
2. On October 4, 2012, Plaintiffs filed a motion to remand this case back to state 25 court, Dkt. No. 18, a motion for a preliminary injunction, Dkt. No. 19, and a motion for sanctions 26 against the Plan, Dkt. No. 20. 27
3. On October 4, 2012 and October 16, 2012, I conferred with Wendell H. Goddard,
28 counsel for Plaintiffs in this action, regarding these motions. However, the parties were unable to
1 NICOLE A. DILLER IN SUPPORT OF MORGAN,LEWIS & BOCKIUS LLP DECLARATION OF SAN FRA NCISCO DB2/ 23636776.1 SECOND STIPULATED REQUEST
ATTO RNEYS AT LAW reach a complete resolution of the motions before the approaching deadline for the Plan's 2 responses, October 18, 2012. The parties therefore stipulated to and obtained an extension of 3 time for the Plan to respond to the motions until November 1, 2012. 4
4. I understand that on October 23, 2012, my co-counsel Alison
conferred with Mr. Goddard to try to resolve the pending motions. On
October 26, 2012, I 6 received a copy of Ms. Willard's letter to Mr.
Goddard confirming that conversation. 7
5. On October 29, 2012, Ms. Willard and I again conferred with Mr.
Goddard and his
co-counsel Barry Sacks to try to resolve the pending motions. We
discussed the possibility of a 9 stipulation on certain matters and
Plaintiffs' withdrawal of all pending matters as part of that 10
6. The parties require addition time to conclude these discussions, including 12 conferring with defendant Ayumi Nakamoto's counsel regarding the proposed resolution. 13
7. Accordingly, the parties respectfully request that the Court extend the time for the
Plan to respond to the pending motions to and including November 13, 2012; and that Plaintiffs 15 have until November 20, 2012 to reply. 16
8. The requested time modification will require rescheduling the hearing on the 17 pending motions from November 16, 2012 to a later date. The parties propose the hearing on the 18 pending motions, should they proceed, be rescheduled for November 30, 2012 at 9:00 a.m. 19
Otherwise, the requested time modification will have no effect on the existing schedule for the 20 case. 21
I declare under penalty of perjury under the laws of the United States of America that the
22 foregoing is true and accurate. 23
Executed this 30th day of October, 2012 at San Francisco, California.
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