STIPULATION AND ORDER
Case No. 4:21-cv-0866-HSG 1
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ROBERT S. CLARK (CBN 93634)
rclark@parrbrown.com
PARR BROWN GEE & LOVELESS, P.C.
101 South 200 East, Suite 700
Salt Lake City, Utah 84111
Telephone: (801) 532-7840
CHAD S. PEHRSON (CBN 261829)
cpehrson@kba.law
KUNZLER BEAN & ADAMSON, P.C.
4225 Executive Square, Suite 600
La Jolla, California 92037
619-371-5511
Attorneys for Plaintiff
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ELIZABETH J. SHAPIRO
Deputy Director, Federal Programs Branch
ALEXANDRA R. SASLAW (SBN 318610)
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
P.O. Box 883
Washington, DC 20044
Phone: (202) 514-4520
alexandra.r.saslaw@usdoj.gov
Attorneys for Defendants
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
BIOSCIENCE ADVISORS, INC.,
Plaintiff,
v.
UNITED STATES SECURITIES AND
EXCHANGE COMMISSION, et al.,
Defendants.
Civil Action No. 4:21-CV-0866-HSG
STIPULATION AND ORDER
REQUESTING EXTENSION OF
TIME TO FILE JOINT CASE
MANAGEMENT CONFERENCE
STATEMENT AND CONTINUANCE
OF CASE MANAGEMENT
CONFERENCE
Plaintiff and Defendants (“Parties”), by and through undersigned counsel, hereby submit the
following Stipulation requesting that the Court enter an order extending the deadline for the Parties
to file their Joint Case Management Conference Statement until March 8, 2022, and continuing the
Case Management Conference until March 15, 2022, or another date thereafter.
Pursuant to the Court’s February 8, 2022 Order, ECF No. 33, the Parties have been ordered
to file a joint case management conference statement by February 22, 2022, and to appear at a case
management conference on March 1, 2022 to discuss setting an expedited summary judgment
briefing schedule. The Court’s February 8, 2022 Order also provided Plaintiff with leave to amend
its complaint to address pleading deficiencies in its fourth cause of action, and ordered that such
Case 4:21-cv-00866-HSG Document 41 Filed 02/22/22 Page 1 of 4
STIPULATION AND ORDER
Case No. 4:21-cv-0866-HSG 2
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amendment must be filed by March 1, 2022. Plaintiff has indicated that it intends to file an amended
complaint on or before March 1, 2022.
The Parties believe that Plaintiff’s amended complaint may affect a number of issues that the
Parties would address in the joint case management statement and at the case management
conference. For example, depending on the content of the amended complaint, Defendants may
file a renewed motion to dismiss, or Defendants may decide to move for summary judgment after
producing the administrative record. Additionally, Plaintiff has indicated that it intends to pursue
discovery on all of its claims, including amended claim 4. Defendants do not believe that discovery is
appropriate in this case, but cannot fully address that issue without seeing Plaintiff’s amended
complaint. Accordingly, the Parties believe that a brief extension and continuance may result in a
more comprehensive case management statement and a more productive case management
conference.
Given that the Plaintiff’s amended complaint is likely to inform the contents of the joint case
management statement, the Parties respectfully propose that the Court extend the deadline for the
joint statement until March 8, 2022. Because the case management statement ordinarily “must be
filed and served at least 7 days before the conference,” see L. Civ. R. 16-10(a), the Parties respectfully
request that the Court also continue the case management conference until at least March 15, 2022.
The Parties recognize that that Local Civil Rule 6-1(b) provides that “[a]ny stipulated request . . .
which affects a hearing or proceeding on this Court’s calendar must be filed no later than 14 days
before the scheduled event,” and that this request is filed less than 14 days before the scheduled
conference. L. Civ. R. 6-1(b). The Parties respectfully request relief from this requirement in light
of the short time between this Court’s February 8, 2022 deadline, and the scheduled date of the case
management conference. Upon receiving this Court’s order, Plaintiff needed to determine whether
to file an amended complaint, and the Parties needed time to confer regarding that issue. The first
date that the Parties were able to confer was Thursday, February 17, 2022, at which time the Parties
determined that it would be beneficial to seek the extension sought by this motion.
Case 4:21-cv-00866-HSG Document 41 Filed 02/22/22 Page 2 of 4
STIPULATION AND ORDER
Case No. 4:21-cv-0866-HSG 3
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For these reasons, the parties hereby stipulate that, subject to this Court’s approval, the
Parties shall file a joint case management statement by March 8, 2022, and the Parties shall appear at
a case management conference on or after March 15, 2022.
IT IS SO STIPULATED THIS 18TH DAY OF FEBRUARY 2022:
KUNZLER BEAN & ADAMSON, PC
/s/ Chad S. Pehrson
Chad S. Pehrson
KUNZLER BEAN & ADAMSON, P.C.
4225 Executive Square, Suite 600
La Jolla, California 92037
619-371-5511
cpehrson@kba.law
PARR BROWN GEE & LOVELESS
Robert S. Clark
101 South 200 East, Suite 700
Salt Lake City, Utah 84111
Telephone: (801) 532-7840
rclark@parrbrown.com
Attorneys for Plaintiff
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
Civil Division
ELIZABETH J. SHAPIRO
Deputy Director, Federal Programs Branch
/s/ Alexandra R. Saslaw____
ALEXANDRA R. SASLAW
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
P.O. Box 883
Washington, DC 20044
Phone: (202) 514-4520
alexandra.r.saslaw@usdoj.gov
Attorneys for Defendants
Case 4:21-cv-00866-HSG Document 41 Filed 02/22/22 Page 3 of 4
STIPULATION AND ORDER
Case No. 4:21-cv-0866-HSG 4
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ORDER
Pursuant to Stipulation, it is ORDERED that:
1. The Parties’ time to file the joint case management conference statement is extended to
March 8, 2022; and
2. The Case Management Conference currently set for March 1, 2022 at 2:00 p.m. is
continued until March 15, 2022 at 2:00 p.m.
Dated: ___________________ _________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge
2/22/2022
Case 4:21-cv-00866-HSG Document 41 Filed 02/22/22 Page 4 of 4