Martinelli v. Marrone Bio Innovations, Inc. et al

Filing 46

ORDER. Pursuant to the Proposed Order Suspending Deadline to Respond to Consolidated Complaint and Direction Plaintiffs to File Motion for Leave to Amend (ECF No. 55), THE COURT ORDERED: Plaintiffs shall file their anticipated motion for leave to ame nd by March 15, 2016, E&Y's current deadline to respond to the Second Consolidated Amended Complaint is suspended, E&Y shall file and serve its opposition to Plaintiffs motion for leave to amend, no later than 21 days after Plaintiffs file and s erve the motion and if E&Y opposes Plaintiffs' motion for leave to amend, Plaintiffs shall file and serve their reply brief within fourteen (14) days after E&Y files and serves its opposition. Order signed by Chief Judge Morrison C. England, Jr. on March 10, 2016. (Deutsch, S)

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LOWENSTEIN SANDLER LLP
MICHAEL J. MCGAUGHEY (198617)
390 Lytton Avenue
Palo Alto, CA 94301
Telephone: [phone]
Fax: [phone]
[e-mail]
Counsel for Lead Plaintiffs Special Situations
Fund III QP, L.P. and Special Situations
Cayman Fund, L.P. and additional named
Plaintiff David M. Fineman

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SPECIAL SITUATIONS FUND III QP, L.P.,
SPECIAL SITUATIONS CAYMAN FUND, L.P.
and DAVID M. FINEMAN, Individually and On
Behalf of All Others Similarly Situated,
Plaintiffs,

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v.
MARRONE BIO INNOVATIONS, INC.,
PAMELA G. MARRONE, JAMES B. BOYD,
DONALD J. GLIDEWELL, HECTOR ABSI,
ELIN MILLER, RANJEET BHATIA, PAMELA
CONTAG, TIM FOGARTY, LAWRENCE
HOUGH, JOSEPH HUDSON, LES LYMAN,
RICHARD ROMINGER, SHAUGN STANLEY,
SEAN SCHICKENDANZ, and ERNST &
YOUNG LLP,
Defendants.

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Order Suspending Deadline To Respond
To Second Amended Complaint And Directing
Plaintiffs To File Motion For Leave To Amend
Master Case No. 2:14-cv-2571-MCE-KJN

Case No. 2:14-cv-02571-MCE-KJN
CONSOLIDATED CLASS ACTION
Chief Judge Morrison C. England, Jr.
ORDER SUSPENDING
DEADLINE TO RESPOND TO
CONSOLIDATED COMPLAINT
AND DIRECTING PLAINTIFFS
TO FILE MOTION FOR LEAVE
TO AMEND

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The Court has received the March 3, 2016 letter from Lowenstein Sandler LLP (ECF No.

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52), counsel to Lead Plaintiffs Special Situations Fund III QP, L.P and Special Situations

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Cayman Fund, L.P. (“Lead Plaintiffs”), as well as additional named Plaintiff David M. Fineman

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(collectively with Lead Plaintiffs, “Plaintiffs”), and Lead Counsel for the class in this

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consolidated securities fraud class action. Plaintiffs request that the deadline for Defendant

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Ernst & Young LLP (“E&Y”) to respond to the Second Consolidated Amended Complaint (ECF
No. 44) be suspended pending Plaintiffs’ anticipated motion for leave to amend pursuant to
Federal Rule of Civil Procedure 15(a)(2), which Plaintiffs indicate that they intend to file no
later than March 15, 2016.
IT IS THEREFORE ORDERED that Plaintiffs shall file their anticipated motion for
leave to amend no later than March 15, 2016; and it is further
ORDERED that E&Y’s current deadline to respond to the Second Consolidated
Amended Complaint be and hereby is suspended; and it is further
ORDERED that E&Y shall file and serve its opposition to Plaintiffs’ motion for leave to
amend, if any, no later than twenty-one (21) days after Plaintiffs file and serve the motion; and it
is further

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ORDERED that if E&Y opposes Plaintiffs’ motion for leave to amend, Plaintiffs shall

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file and serve their reply brief within fourteen (14) days after E&Y files and serves its

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opposition.

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IT IS SO ORDERED.
Dated: March 10, 2016

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Order Suspending Deadline To Respond
To Second Amended Complaint And Directing
Plaintiffs To File Motion For Leave To Amend
Master Case No. 2:14-cv-2571-MCE-KJN