Chen v. Marrone Bio Innovations, Inc. et al
Filing
6
STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/30/14 ORDERING Without prejudice to any parties' right to seek interim relief, Defendants shall have no obligation to answer or otherwise respond to the complaint until after the Court appoints a lead plaintiff and lead counsel pursuant to the provisions of the Reform Act; Defendants will meet and confer with the court-appointed lead counsel within twenty (20) days following the appointment of a lead plaintiff and le ad counsel to (a) confirm whether the lead plaintiff will file a new complaint that supersedes all previously filed complaints or deem the existing complaint operative; (b) establish a common response date for all defendants including a briefing schedule on defendants' anticipated motions to dismiss and (c) establish a date to provide the Court with the Joint Status report as set forth in the Order of September 11, 2014.(Becknal, R)
1
2
3
4
5
6
7
JORDAN ETH (BAR NO. 121617)
JEth@mofo.com
JUDSON E. LOBDELL (BAR NO. 146041)
JLobdell@mofo.com
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone:
415.268.7000
Facsimile:
415.268.7522
Attorneys for Defendants
MARRONE BIO INNOVATIONS, INC., PAMELA G.
MARRONE, DONALD J. GLIDEWELL, and JAMES B. BOYD,
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
12
SSUCHIA CHEN, Individually and On Behalf of
All Others Similarly Situated,
13
14
15
16
17
Plaintiff,
Case No.
2:14-cv-02105-TLN-EFB
STIPULATION AND ORDER
DEFERRING DEADLINES TO
RESPOND TO THE COMPLAINT
v.
MARRONE BIO INNOVATIONS, INC.,
PAMELA G. MARRONE, DONALD J.
GLIDEWELL, and JAMES B. BOYD
Defendants.
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND ORDER DEFERRING RESPONSES
Case No. 2:14-cv-02105-TLN-EFB
Judge:
Hon. Troy L. Nunley
Date Filed: Sept. 5, 2014
Trial Date: None Set
1
2
Pursuant to Civil Local Rule 144 and Federal Rule of Civil Procedure 6, the parties hereby
stipulate, subject to the Court’s approval, as follows:
3
WHEREAS, this securities class action lawsuit was instituted in this district on
4
September 11, 2014, on behalf of all persons who purchased or otherwise acquired the publicly
5
traded securities of Marrone Bio Innovations, Inc. (“Marrone”) between March 7, 2014, and
6
September 2, 2014;
7
8
9
10
WHEREAS, this securities class action lawsuit is governed by the Private Securities
Litigation Reform Act of 1995, 15 U.S.C. § 78u-4 et seq. (the “Reform Act”);
WHEREAS, a lead plaintiff has not yet been appointed pursuant to 15 U.S.C.
§ 78u-4(a)(3)(B) of the Reform Act;
11
WHEREAS, the Court issued an Order Requiring Joint Status Report on September 11,
12
2014 (Dkt. No. 2) setting deadlines for the parties’ conference pursuant to Fed. R. Civ. P. 26(f);
13
WHEREAS, counsel for the parties have met and conferred and agreed that the due date
14
for defendants’ responses to the complaint and the filing of a joint status report should be deferred
15
until a lead plaintiff is appointed;
16
17
WHEREAS, the agreed-upon extension is not for the purpose of delay, promotes judicial
efficiency, and will not cause prejudice to either party;
18
WHEREAS, no previous extension of this deadline has been sought;
19
NOW, THEREFORE, in the interest of judicial economy and good cause showing, the
20
parties, by and through their undersigned counsel of record, hereby agree and stipulate, and the
21
Court hereby orders, as follows:
22
1. Without prejudice to any parties’ right to seek interim relief, Defendants shall have no
23
obligation to answer or otherwise respond to the complaint until after the Court appoints a lead
24
plaintiff and lead counsel pursuant to the provisions of the Reform Act.
25
2. Defendants will meet and confer with the court-appointed lead counsel within twenty
26
(20) days following the appointment of a lead plaintiff and lead counsel to (a) confirm whether
27
the lead plaintiff will file a new complaint that supersedes all previously filed complaints or deem
28
the existing complaint operative; (b) establish a common response date for all defendants,
STIPULATION AND ORDER DEFERRING RESPONSES
Case No. 2:14-cv-02105-TLN-EFB
1
1
including a briefing schedule on defendants’ anticipated motions to dismiss and (c) establish a
2
date to provide the Court with the Joint Status report as set forth in the Order of September 11,
3
2014.
4
Dated: October 28, 2014
MORRISON & FOERSTER LLP
5
6
By:
7
/s/ Judson E. Lobdell
Judson E. Lobdell
JORDAN ETH
JUDSON E. LOBDELL
Morrison & Foerster LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: 415.268.7000
Facsimile: 415.268.7522
8
9
10
11
Attorneys for Defendants
MARRONE BIO INNOVATIONS, INC.,
PAMELA G. MARRONE, DONALD J.
GLIDEWELL and JAMES B. BOYD
12
13
14
GLANCY BINKOW & GOLDBERG LLP
By: /s/ Robert V. Prongay as authorized on
10/24/2014
Robert V. Prongay
15
16
17
GLANCY BINKOW & GOLDBERG LLP
Lionel Z. Glancy
Michael Goldberg
Robert V. Prongay
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
18
19
20
21
Attorneys for Plaintiff
SSUCHIA CHEN
22
23
24
25
26
27
28
STIPULATION AND ORDER DEFERRING RESPONSES
Case No. 2:14-cv-02105-TLN-EFB
2
1
ORDER
2
3
4
Pursuant to the stipulation, it is SO ORDERED.
Dated: October 30, 2014
5
6
7
8
9
Troy L. Nunley
United States District Judge
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND ORDER DEFERRING RESPONSES
Case No. 2:14-cv-02105-TLN-EFB
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?