1 2 CROWELL & MORING LLP J. Daniel Sharp (CSB No, 131042, dsharp@crowell,com) Mark T. Jansen (CSB No. 114896, mjansen@crowell.com) 27 5 Battery Street, 23rd Floor 4 San Francisco, CA 94111 Telephone: 4 1 5.986.2800 Facsimile: 41 5.986.2827 5 Mark A, Romeo 6 3 Park Plaza,20t" Floor Irvine, CA 92614-8505 Telephone: 949.263.8400 Facsimile: 949.263.8414 J 7 (CSB No. 1730007, rnromeo@crowell.com) (CSB No, 273039, dhecht@crowell.com) Derek Hecht 8 9 Attorneys for Plaintiff THE REGENTS OF THE LINIVERSITY OF CALIFORNIA 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COI-INTY OF SAN DIEGO t2 CENTRAL DISTRICT 13 14 15 THE REGENTS OF THE UNIVE,RSITY OF CALIFORNIA, a California Corporation, I6 Plaintiff, t7 v. No. 37 -201 5 -00022082-CU-BT-CTL NOTICE OF ENTRY OF ORDER GRANTING PRELIMINARY INJUNCTION AND APPOINTMENT OF SPECIAL MASTER; NOTICE OF POSTING BOND OR UNDERTAKING 18 PAUL Case S. AISEN, et al., t9 Complaint Defendants. 20 Filed: Dept: Judge: 2I July 2,2015 C-68 Hon. Judith F, HaYes 22 UMAGED FILEI 23 24 AND RELATED CROSS-ACTION 25 26 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: 27 NOTICE IS HEREBY GIVEN that the Court's Notice of Entry of Order Granting 28 Preliminary Injunction and Appointment of Special Master ("Order") was entered on August 4, CROW ELL & MORING LLP ATToRN¡:Ys AT Law ENTRY OF ORDER PRELIMINARY IN AND APPOINTMENT OF SPECIAL MASTER; CASE NO. 37-2015-00022082-CU-BT-CTL SFACTIVE-903766725.1 1 2015. A copy of such Order is attached hereto as Exhibit A and is incorporated herein by 2 reference. J NOTICE IS HEREBY GIVEN that Plaintiff The Regents of the University of California 4 have posted a bond or undertaking in the amount of $5,0000 as required by Paragraph 4 of the 5 Order. A copy of the bond or undertaking is attached here as Exhibit B and is incorporated herein 6 by reference. 7 Dated: August 5,2075 CROWELL & MORING LLP 8 J. Daniel Sharp Mark T. Jansen Mark A. Romeo Derek S. Hecht 9 10 11 I2 Attorneys for Defendant The Regents of the University of California 13 r4 15 I6 I7 18 19 20 21 22 23 24 25 26 27 28 CRow ELL & MoRINC LLP ATToRNEYs AT Law a LPRELIMINARY NOTICE OF ENTRY OF ORDER AND APPOINTMENT OF SPECIAL MASTER; CASE NO. 37-2015-00022082-CU-BT-CTL SFACTIVE-903766725 C.R.C. 3.1110(fl INDEX OF EXHIBITS 1 2 J Exhibit No. Description Page 4 A Preliminary Injunction and Appointment of Special Master 5 5 B Bond or Undertaking 11 6 7 8 9 10 11 t2 13 l4 15 t6 I7 18 t9 20 2I 22 23 24 25 26 27 28 -3- CROWELL & MORINc LLP ATToRNEYS AT LAw PRELIMINARY INJUNCTION NOTICE OF ENTRY AND APPOINTMENT OF SPECIAL MASTER; CASE NO. 37-2015-00022082-CU-BT-CTL SFACTIVE.9O37 66'7 25.1 PROOF OF SERVICE 1 2 J 4 5 6 7 8 9 10 11 I, Kim Harris, state: My business address is275 Battery Street, 23rd Floor, San Francisco, California 94111. I am over the age ofeighteen years and not a party to this action. On the date set forth below, I served the foregoing document(s) described as: NOTICE OF ENTRY OF ORDER GRANTING PRELIMINARY INJUNCTION AND APPOINTMENT OF SPECIAL MASTER; NOTICE OF POSTING BOND OR UNDERTAKING on the following person(s) in this action: Quinn Emanuel Urquhart John B. Quinn Michael E. V/illiams Viola Trebicka Matthew A. Bergjans com l2 13 I4 15 l6 t7 Quinn Emanuel Urquharl & Sullivan, LLP Amar Thakur 5095 Rancho Quinta Bend San Diego, CA 92130 Telephone: (858) 481-21 15 & Sullivan, LLP com 865 South Figuero a Street, 10 Floor Los Angeles, CA 90017-25 43 Telephone: (213) 443-3000 Facsimile: (213) 443-3100 BY FIRST CLASS MAIL: I am employed in the City and County gf Sul- FrancMgoccurred.Ienclosedthedocument(s)identilred above in a sealed envelope ór package addressed to the person(s) listed above, on and with postage fully paid. I placèd the lä:3i1î': 18 fì I9 20 21 22 ¿) 24 25 is deposited he United States Postal Service, MAIL: Based on a court order or an agreement of the parties B electronic mail, I caused the document(s) identif,red above to service to accept cally to the person(s) at the e-mail address(es) listed above. electronr be transmitted a reasonab le time after the transmission, any electronic receive, within I did not that the transmission was unsuccessful. indication other message or I declare under penalty of perjury under the laws of the United States and the State California that the foregoing is true and correct. Executed on August 5,2015, at San Francisco, California' 26 27 Kim Harris 28 -4- CRow ELL & MORINC LLP ATToRNEYS AT LAw Y INJUNCTION ENTRY OF OIIDER CRANTING AND APPOINTMENT OF SPECIAL MASTER; CASE NO. 37-2015-00022082-CU-BT-CTL SFACTIVE.9O3766725,I of EXHIBIT A Fl Cb¡t 1 ,) t E of ü¡c Supr¡ior Courl D 3 By: R. CERSOSIMO, D+utY 4 5 6 I I SupBruON COUNT OF THE STETE OF CALIFORNIA 9 FOR THE COUNTY OF SAN DNCO l0 l1 l4 15 PAUL S. AISEN, an individual; JEREMY JIMENEZ-MA 20 Date: Iuly 24,20t5 Judge: Judith F. HaYes Time: 2:00 p.m. Deot.: C-68 PIZZÐLA',ani TOBIAS, an in I, t7 19 7-20 I 5-00 022082-CU-BT-CTL Complaint Filed: JulY 2, 2015 v. T6 18 3 PRELIMINARY INJUNCTION AND APPOTNTMENT OF SPECIAL MASTER Plaintiff, t2 l3 Case No. THE REGENTS OF THE IJNIVERSITY OF CALIFORNIA, a Califomia Corporation, MEI CHI, an l, IJNIVERSITY OF SOUTI.IERN CALIFORNIA, a California Corporation; and DOES 1-25,Inclusive, Defendant. 2l 22 on Friday, July 24, 2015, aheæing was held on the order to show cause issued July 8, 23 2015, in this matter regarding the application of PlaintiffThe Regents of the university 24 ,'UCSD") for California (.,plaintiffl' or 25 26 27 28 a of Prelíminary Injunction and Appointment of Special the briefs and Master, The parties' appearances art noted on the record. Based on the Complaint, the Court frnds that (1) admissible evidence submitted by the parties, and the argument of counsel, plaintiff has demonstrated a likelihood of succeeding on the merig of one or more claims asserted control and manage ín the complaint, in that plaintiffhas demonshated ownership and a right to 1 PRELIMINARY INJUNCTION AIYD APPOINTMENT OF SPECIAL MÄSTER -6- I certain data and systems, the control and management of which have been taken over by 2 Defendants; (2) that Ptaintiffounently is, and shall continue, to incur and suffer ineparable injury 3 unless the relief requested is ordercd, a¡d that the balance of the hardships favors Plaintiff; and (3) 4 therefore plaintiff is entitled to a preliminary injunction and the ancitlary relief requested in aid 5 the preliminary inj unction. 6 of The purpose of the preliminary injunction is to preserve the "status quo" during the "'the last actual peaceable, uncontested status which 7 pendency of lìtigation. The "status quo" is I preceded the pending controversy 9 Moorpark Homeowner's Assn. v. VRT Corp. (1998) 63 Cal.App'4th 1396, 1408.) The "status quo" 10 therefore is that ADCS data and systems were in the possession, custody, and control of UCSD and 1l its duly authorized employees, consistent with the terms of the contracts and grants to which UCSD l2 is a party. This is the status quo that should be restored and preserved pending the outcome of this l3 litigation. ."' (Voorhies v, Greene (1983) 139 Cal.App.3d 989' 995; 14859 t4 ir n unnBBY oRDERED æ follows: ls 1. Restoration of-Çontrol of ADCS Data and SYstems: In aid of the preliminary r6 ("USC") injunction set forth in paragraph 2 below, Defendant University of Southem Califonnia T7 and Defendants paul S. 18 Hong, Hong Mei Qiu, Stefania Brusohi, Jia-Sing So, and MayyaNessirio ("the Individual 19 in concert with Defendants,,), along with all their employees, agents, assigns, a¡d all persons acting 20 and them are ordered to employ all deliberate speed to restore to The Regents the sole management 2t control of all,,ADCS Data and Systems," defined as follows: all electronic data and computer 22 studies systems of the Alzheimer's Disease Cooperatïve Study (.'ADCS") and any resea¡ch 23 ("EDC") administered by or coordinated through the ADCS, including the Electronio Data Capture 24 system and data thereon currently hosted on Amazon Web Service Account 25 revise, Google, along with all needed aocess, passwords and documentation needed to update, 26 and any web-based maintain and control the data and EDC system, including its source code 27 along with all repositories in which this is held, including but not limited to GitFIub and Bitbucket, 28 things necessary to attendant documentatior¡ passwords, and access credentials; a¡d to do all other Aiseq Jeremy Pizzola,Deborah Tobias, Gustavo Jimenez'Maggiora, Phuoc No. 6751328646 a¡d 2 PRELIMINARY INruNCTION AND APPOINTMENT OF SPECIÄL MASTER -7- 1 return full system and data access, control and management of the ADCS Data and Systems to 2 UCSD to resume possession, management and control to the same extent that UCSD had such 3 management, control and operation, before Defendants resigned from 4 detennine the rights of third parties, and shall not be construed to preclude any third party from 5 assigning to Defendants any rights that such third parties may have to obtain access, custody, or 6 control over ADCS data. 7 2, PrelimÍnarry Iniunction: Except as set forth in Paragraph UCSD' This order does not I above or as othenvise I directed by the Special Master referenced in Paragraph 3 below, each and every one of the 9 Defendants, USC and the Individual Defendants, and each of their employees, agents, assigns, and l0 all persons acting in concert with them, is hereby enjoined and prohibited from exercising 11 foregoing, domínion, custody, and control over the ADCS Data and Systems, Notwithstanding the t2 Defendants may, under the supervision of the Special Master, make a snapshot image of the current 13 state of the ADCS data and EDC, at Defendant's expense, to preserve a copy of this data t4 pu{poses of this 15 for safekeeping until further order of the Court or an agreement among the parties as to ìts 16 disposition Plaintiffmay, at its experu;e, obtain t7 for litigation. A copy of the snapshot image will be maintained by the Special Master a copy of the snapshot image' are The mandatory portions of this injunction are merely incidental to those portions which l8 prohibitory. The gathering, sorting, storage, analysis and management of data are all essential t9 aspects of the Alzheimer's disease Cooperative Study 20 the study and to enable the these frrnctions must be performed to avoid the likelihood of damage to 2t study to continue to move forward to achieve its stated goals' 22 3. Snecial Mastcr ¡ntl Consultant: (ADCS). In order to maintain the status quo, Due to the complex and sensitive natule of the ADCS 23 the protection of Data and Systerns, and the concern expressed by both PlaintifÏ and Defendants for 24 and direct as data integrity, the Court orders that a Special Master be appointed to supervise, 25 of custody and needed, the process by which Defendants comply with this order in the restoration 26 contol of ADCS data and systems to UCSD 27 28 as described in paragraph 1 above' a. The Court appoints David E. Ganett Suite 2450, San Francisco, CA of Stroz Freidberg, l0l Montgomery Street, 94104, as Special Master in this action for the purpose 3 PRELIMINARY INJI'NCTION AND APPOINTMENT OF SPECIAL MASTER -8- of to I supervising the process by which Defendants comply with their obligations hereunder, so ) ensgre that the process is completed in a comprehensive, technically appropriate, and timely J manner, and without prejudicing UCSD, or causing any avoidable risk of harm to the rights or 4 interests of third parties, b. In addition, the Court appoints Dr. Ka¡l D. Kieburtz of the University 5 as of 6 Rochester Medical Center to act as Consultant to the Special Master, to be consulted as deemed 7 necessary or convenient by the Special Master regarding íssues that may arise within the I Consultant's expertise or experience. The Special Master shall be the primary decision-maker. c, The Special Master shall communicate with and direct the parties as he deems 9 10 necessary to accomplÌsh these goals and Defendants' compliance. The Special Master shall submit 11 a report, 12 any time he considers the Court's assistance, or an interim Court order, is needed for any Purpose 13 necessary or convenience to accomplish the purposes of this order. with any recommendations for Court action, at the completion of the Process' and also at d. The Special Master is authorized to bitt the Parties for his time at a rate not to r4 bilt for the regular hourly rates of any 15 exceed $770 per hour, being his current hourly rate, and may t6 assistants he determines are reasonably needed to assist t7 submit bills to the Special Master for his/her time at r8 to the Special Master's r9 the resowce to pay, payment obligations shall be split evenly,S}o/opayable by Plaintiff, and 50% 20 joint and several responsibility of each of the named Defendants, If any individual Defendant 2t allocation demonstrates inability to share in these expenses, he or she may petition the Court for 22 parry may his or her payment obligations to USC. At the conclusion of the Action, the prwailing 23 apply for adjustment and payment of the full amount by the non-prevailing parfy' 24 ut )\ ilt 26 27 28 bill. him. The Consultant a rate is authorized to not to exceed $500 per hour, to be added As it appears that at least The Regents and USC have the financial /u ill ill 4 PRELIMINARY INJUNCTION AND APPOINTMENT OF SPECIAL MASTER -9- of 4. Bon{: I The Cour.t has considered the necessity for the issuance of a bond and has 2 concluded that, because Defendants have not demonstated more than minimal risk of any harm to 3 Defendants, only a minimal bond is required, A bond of $5,000.00 shall be posted by The Regents. 4 IT IS SO ORDERED. 5 6 7 Dated 9.f - t5 F. HAYES the Superior Court J I 8 9 l0 11 T2 l3 l4 15 16 l7 18 t9 20 2l )) 23 24 25 26 27 28 5 PRELIMINARYINJUNCTIoNANDAPP0INTMENToFSPECIALMASTER -10- EXHIBIT AMERTCAN CONTRACTORS INDEMNITY COMPANIY I}ì THÊ STiERIOR CotiRT oF rne rN AND FoR sr¡'rs oÏ CALIFo-RNl1hl.,l^ jr coLNrY oF sAN DrEGo lv lt fÌ\iiiilìt ì'iì OF THEUNIVERSITY OF CALII'OI{.r\IA, a THE 1$15 ÀUü -5 P l: 3rt ,' I ,"i ,'. : il:'i.¡¡1¡¡-{;;'i''.1 u' I $"1 ll0tji{ I I ' :i ' l, '¡1. Case l{o. UNDERTAKING UNOER C.O.P SECTION '29 AJVERICAI'{ CONTR.A.CTORS INDEMNITY COMPANY CA 601 SOUTH F1GUEROA SUITE IóOO LOS ANGELES Pr-AINTIFF(s) vs, 37-?0 I 5'00022082-cu-BT'CTL 90017 S. an , an,individual; JEREJVIY PVZOLA, AI atr 'individual; GUST.d vo individual; PHUOC HONG. an ':in' individual STEFAÌ'IIA ; ,lL{:SI}lGjSO.': æt.individual; MAJYYA a¡r LNIVERSIT\- OF a Califoìnìa Coçorati on ; S OUTHEILNi* andDOES i'25, to give In.Tv'ERSITY or c¿tr,r¡oRNIA, Plaintiffdesires asprovided'ìn section 529 C'C'P an undeitakÌng.ør eREinan'IARY IIqJIÌ(CTIOI'í wHEitEAS, îrn1¡cËxrs ör rim N to ALL O P itself, jorntl¡-Tf::Yï¡t>" the undersigned surery, does hereby "91ig"l: iri the'sum'ôf FIVE IN THTS ACTION ,rárt tn. ttututory obligations DOLLARS (95,000.00) re of tll'e said seal,andPan ed la¡es under PenaltY of Perj óf attorneY on flle with th Executed Bond át No, Sania Anã California on 8;,1512015 1001028823 AMERIC.IN Tire premiuin chargêd fcr th¡s bcnd is S 100.00 S Per ânnum, -12-