Case 2:20-cv-07872-GW-PVC Document 246 Filed 09/12/23 Page 1 of 7 Page ID #:4545
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`QUINN EMANUEL URQUHART
` & SULLIVAN, LLP
`Kevin P.B. Johnson (Bar No.
`177129)
`kevinjohnson@quinnemanuel.com
`Todd M. Briggs (Bar No. 209282)
`toddbriggs@quinnemanuel.com
`555 Twin Dolphin Drive, 5th Floor
`Redwood Shores, California 94065
`Telephone: (650) 801-5000
`Facsimile: (650) 801-5100
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`QUINN EMANUEL URQUHART
` & SULLIVAN, LLP
`Eric Huang (pro hac vice)
`erichuang@quinnemanuel.com
`51 Madison Avenue, 22nd Floor
`New York, New York 10010
`Telephone: (212) 849-7000
`Facsimile: (212) 849-7100
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`Attorneys for Plaintiffs
`NANTWORKS, LLC and NANT
`HOLDINGS IP, LLC
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`George C. Lombardi (pro hac vice)
`glombardi@winston.com
`WINSTON & STRAWN LLP
`35 West Wacker Drive
`Chicago, IL 60601-9703
`Telephone: (312) 558-5600
`Facsimile: (312) 558-5700
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`E. Danielle T. Williams (pro hac vice)
`dwilliams@winston.com
`WINSTON & STRAWN LLP
`300 South Tryon Street, 16th Floor
`Charlotte, NC 28202
`Telephone: (704) 350-7700
`Facsimile: (704) 350-7800
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`Diana Hughes Leiden (SBN: 267606)
`dhleiden@winston.com
`WINSTON & STRAWN LLP
`333 S. Grand Avenue, 38th Floor
`Los Angeles, CA 90071-1543
`Telephone: (213) 615-1700
`Facsimile: (213) 615-1750
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`Attorneys for Defendants
`BANK OF AMERICA CORPORATION
`and BANK OF AMERICA, N.A.
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`UNITED STATES DISTRICT COURT
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`FOR THE CENTRAL DISTRICT OF CALIFORNIA
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`NANTWORKS, LLC, a Delaware
`limited liability company, and NANT
`HOLDINGS IP, LLC, a Delaware
`limited liability company,
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`Plaintiffs,
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`BANK OF AMERICA
`CORPORATION, a Delaware
`corporation, and BANK OF
`AMERICA, N.A., a national banking
`association,
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`
`vs.
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`Defendants.
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`
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` CASE NO. 2:20-cv-7872-GW-PVC
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`JOINT MOTION TO AMEND CASE
`SCHEDULE & JOINT STATUS
`REPORT
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`Hon. George H. Wu
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`Case No. 2:20-cv-7872-GW-PVC
`JOINT MOTION TO AMEND CASE SCHEDULE & JOINT STATUS REPORT
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`Case 2:20-cv-07872-GW-PVC Document 246 Filed 09/12/23 Page 2 of 7 Page ID #:4546
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`Pursuant to Federal Rule of Civil Procedure 16, Plaintiffs NantWorks LLC and
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`Nant Holdings IP, LLC (“NantWorks”) and Defendants Bank of America Corporation
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`and Bank of America, N.A. (“Bank of America”) jointly move for an order amending
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`the case schedule set forth in the Court’s Minutes of the May 8, 2023 Scheduling
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`Conference (Dkt. 201). Furthermore, pursuant to that schedule, the parties also
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`jointly submit this brief as their joint status report.
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`“A schedule may be modified only for good cause and with the judge’s
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`consent.” Fed. R. Civ. P. 16(b)(4). “The district court is given broad discretion in
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`supervising the pretrial phase of litigation.”
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` Acosta v. Ethicon, Inc., No.
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`CV205992DSFGJSX, 2021 WL 6104865, at *1 (C.D. Cal. Sept. 15, 2021). Good
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`cause exists for this request.
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`Joint Status Report
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`The Court lifted the stay on May 1, 2023, setting the close of fact discovery for
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`September 29, 2023. See Dkts. 196, 201. The parties argued supplemental claim
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`construction on July 27, 2023, and the Court issued its supplemental claim
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`construction order on August 11, 2023. Dkt. 236. Since the stay was lifted, the
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`parties have been diligently working to complete discovery in accordance with the
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`current schedule. This includes additional document production, additional source
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`code review, and serving the parties’ respective patent contentions. To date, the
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`parties have propounded a total of approximately 52 interrogatories, 300 requests for
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`production, 32 requests for admission, and four sets of request for production of
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`emails, including one set that was served August 8, 2023 on Plaintiffs. Despite
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`diligent efforts of the parties, some of these discovery requests remain pending, and
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`the parties are still working to produce emails.
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`In addition, the parties have served subpoenas on 17 third parties seeking
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`documents and depositions, not counting former employees of the parties; however,
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`only one third-party deposition has been completed to date – IBM. The parties have
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`also noticed or subpoenaed the depositions of 23 individuals and served a corporate
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`Case No. 2:20-cv-7872-GW-PVC
`JOINT MOTION TO AMEND CASE SCHEDULE & JOINT STATUS REPORT
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`Case 2:20-cv-07872-GW-PVC Document 246 Filed 09/12/23 Page 3 of 7 Page ID #:4547
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`notice of deposition of the other side (Plaintiffs’ Rule 30(b)(6) notice contains 56
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`topics; Defendants’ Rule 30(b)(6) notice contains 116 topics). Given these
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`subpoenas and notices, there are at least 39 depositions sought by the parties in total
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`(assuming topics are covered by individuals noticed by the parties) that still need to
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`be completed.
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`The parties have also agreed to mediate before the Hon. Layn Phillips on
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`October 31, 2023.
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`The parties have further agreed that no new discovery requests shall be made
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`on the parties, provided the parties have an opportunity to seek leave to serve limited
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`discovery should good cause arise for serving such discovery based on the discovery
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`of new information in upcoming depositions or yet-to-be-produced materials.
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`Furthermore, Defendants have raised issues with Plaintiffs’ Final Identification
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`of Trade Secrets and trade secret discovery responses. Plaintiffs disagree that their
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`Final Identification of Trade Secrets and trade secrets discovery responses are
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`deficient. The parties are continuing to meet and confer on these disputes, and, should
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`they be unable to resolve them:
` Defendants’ position is that Plaintiffs failed to provide a proper
`identification of its trade secrets and respond to trade secret discovery,
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`which is prejudicing Defendants’ ability to complete discovery even under
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`the extended case schedule.
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` Defendants believe these issues are
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`appropriate matters for discussion at the status conference pursuant to the
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`Court’s scheduling order.
` Plaintiffs’ position is that Defendants’ efforts to raise this complaint at the
`status conference is improper and that any discovery disputes regarding the
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`disclosures should be submitted to Judge Castillo for resolution when they
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`are ripe and follow the process set forth for such disputes, which provides
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`both parties the opportunity to heard.
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`Case No. 2:20-cv-7872-GW-PVC
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`Case 2:20-cv-07872-GW-PVC Document 246 Filed 09/12/23 Page 4 of 7 Page ID #:4548
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`At this time, as discussed below, the parties do not believe they can complete
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`discovery under the current schedule.
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`Good Cause Exists to Amend the Case Schedule
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`Despite the efforts of the parties, the parties require an extension to allow for
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`completion of fact discovery.
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`Although the parties have produced documents, there are categories of
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`documents that are pending production, including emails requested recently by
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`Defendants from two more custodians. The parties have conferred regarding search
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`terms and are working toward production of emails by Plaintiffs. Furthermore,
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`although the parties have produced code for inspection and have spent significant time
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`reviewing code to prepare their cases, there remain some issues relating to code
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`production that the parties (and third parties) are working to resolve.
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`Furthermore, although the parties have noticed or subpoenaed over 20
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`individuals and served corporate notices of deposition pursuant to Rule 30(b)(6), the
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`scheduling of witnesses for deposition has been challenging given constraints on
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`witness availability and the short time frame for remaining fact discovery. In
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`addition, at least one witness is handling a family emergency overseas. Also,
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`twenty-four third parties who were subpoenaed for deposition have yet to be deposed.
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`The parties are working to exchange available dates for all of these witnesses and
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`third-parties, however, when some of the witnesses can be deposed will depend on
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`the completion of document productions. Without an amendment to the schedule,
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`both parties will be significantly prejudiced as neither party will obtain necessary
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`documents and testimony.
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`Thus, both parties will benefit from additional time to complete depositions and
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`other discovery. As proposed below, the requested amendments to the case schedule
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`will not impact the Court’s pre-trial conference on July 25, 2024 or the scheduled start
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`of trial on August 20, 2024. The only hearing that would require a change is the
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`Case No. 2:20-cv-7872-GW-PVC
`JOINT MOTION TO AMEND CASE SCHEDULE & JOINT STATUS REPORT
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`Case 2:20-cv-07872-GW-PVC Document 246 Filed 09/12/23 Page 5 of 7 Page ID #:4549
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`hearing on the parties’ summary judgment motions and Daubert motions, currently
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`scheduled for March 25. 2024.
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`The parties jointly request that the Court adopt the below new schedule:
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`Event
`Status Conference
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`Joint Status Report
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`Status Conference
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`Fact Discovery
`Complete
`Opening Expert Reports
`Mediation Deadline
`Post-Mediation Status
`Conference
`Rebuttal Expert Reports
`Expert Discovery
`Complete
`Summary Judgment and
`Daubert Motions Due
`Oppositions to Summary
`Judgment and Daubert
`Motions Due
`Replies to Summary
`Judgment and Daubert
`Motions Due
`Hearing on Summary
`Judgment and Daubert
`Motions
`Exchange of Pretrial
`Materials
`Motions in Limine
`Pretrial Order Filing
`Deadline
`Oppositions to Motions
`in Limine
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`Current Schedule
`September 18, 2023
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`n/a
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`n/a
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`Proposed New Dates
`No change
`Tuesday, October 17,
`2023
`Thursday, October 19,
`2023
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`September 29, 2023
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`November 16, 2023
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`October 26, 2023
`January 4, 2024
`January 18, 2024 at 8:30
`a.m.
`November 20, 2023
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`December 14, 2023
`January 4, 2024
`January 18, 2024 at 8:30
`a.m. (same)
`February 8, 2024
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`December 22, 2023
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`February 22, 2024
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`February 5, 2024
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`March 14, 2024
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`February 29, 2024
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`April 4, 2024
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`March 7, 2024
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`April 11, 2024
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`March 25, 2024
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`April 25, 2024
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`April 30, 2024
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`June 4, 2024
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`June 11, 2024
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`May 23, 2024
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`June 18, 2024
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`June 18, 2024
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`June 25, 2024
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`July 2, 2024
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`Case No. 2:20-cv-7872-GW-PVC
`JOINT MOTION TO AMEND CASE SCHEDULE & JOINT STATUS REPORT
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`Case 2:20-cv-07872-GW-PVC Document 246 Filed 09/12/23 Page 6 of 7 Page ID #:4550
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`Replies in support of
`Motions in Limine
`Final Pretrial Conference
`Jury Trial
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`July 9, 2024
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`July 9, 2024
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`July 25, 2024
`August 20, 2024
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`July 25, 2024 (same)
`August 20, 2024 (same)
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`Respectfully submitted,
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`Dated: September 12, 2023
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`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
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`By: /s/ Eric Huang
`Eric Huang
`Attorneys for Plaintiffs
`NANTWORKS, LLC AND NANT
`HOLDINGS IP, LLC
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`Dated: September 12, 2023
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`WINSTON & STRAWN LLP
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`By: /s/ E. Danielle T. Williams
`E. Danielle T. Williams
`Attorneys for Defendants
`BANK OF AMERICA CORPORATION
`and BANK OF AMERICA, N.A.
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`Case No. 2:20-cv-7872-GW-PVC
`JOINT MOTION TO AMEND CASE SCHEDULE & JOINT STATUS REPORT
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`Case 2:20-cv-07872-GW-PVC Document 246 Filed 09/12/23 Page 7 of 7 Page ID #:4551
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`FILER’S ATTESTATION
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`I, Eric Huang, am the ECF user whose ID and password were used to file this
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`JOINT MOTION TO AMEND CASE SCHEDULE AND JOINT STATUS
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`REPORT. Pursuant to L.R. 5-4.3.4(a)(2), I hereby attest that counsel for Defendants
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`concurred in the content of this document and authorized the filing of this document.
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`By: /s/ Eric Huang
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`Case No. 2:20-cv-7872-GW-PVC
`JOINT MOTION TO AMEND CASE SCHEDULE & JOINT STATUS REPORT
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