Hartman v. Gilead Sciences, Inc. et al

Filing 192

ORDER denying request to continue case management conference; 1/16/09 remains on calendar. Signed by Judge Illston on 12/29/08. (ts, COURT STAFF) (Filed on 12/29/2008)

Case 3:03-cv-04999-SI

Document 190

Filed 12/18/2008

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COOLEY GODWARD LLP
A T T O R N E Y S AT L A W SAN FRANCISCO

COOLEY GODWARD LLP STEPHEN C. NEAL (170085) ([e-mail]) JOHN C. DWYER (136533) ([e-mail]) MATTHEW D. BROWN (196972) ([e-mail]) JEFFREY M. KABAN (235743) ([e-mail]) 5 Palo Alto Square 3000 El Camino Real The Court will leave the case management Palo Alto, CA 94306-2155 on calendar for scheduling purposes. Telephone: [phone] Facsimile: [phone] Attorneys for Defendants GILEAD SCIENCES, INC., JOHN C. MARTIN, ES DISTRIC TC JOHN F. MILLIGAN, MARK L. PERRY, NORBERT W. AT T BISCHOFBERGER, ANTHONY CARRACIOLO and WILLIAM A. LEE

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UNIT ED

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In re GILEAD SCIENCES SECURITIES LITIGATION,

E R Case No. C-03-4999CSI N F CLASS ACTION O D IS T IC T R
A

This Document Relates To: ALL ACTIONS

JOINT STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE THE CASE MANAGEMENT CONFERENCE

WHEREAS, by decision dated August 11, 2008, the United States Court of Appeals for the Ninth Circuit reversed a previous dismissal of this action and remanded it back to the District Court for the Northern District of California; and WHEREAS, a Case Management Conference in this action has been set by the Court for January 16, 2009; and WHEREAS, Defendants have advised Plaintiffs that they intend to renew their motion to dismiss this action on grounds not yet ruled upon by the previous decisions in this case, and plaintiffs intend to oppose such motion; and

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JOINT STIPULATION AND [PROP.] ORDER TO RESCHEDULE CMC HEARING CASE NO. C-03-4999 SI

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Case 3:03-cv-04999-SI

Document 190

Filed 12/18/2008

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COOLEY GODWARD LLP
A T T O R N E Y S AT L A W SAN FRANCISCO

WHEREAS, discovery in this action will be stayed pursuant to the Private Securities Litigation Reform Act ("PSLRA") upon Defendants' filing of their renewed motion to dismiss; and WHEREAS, Defendants have advised Plaintiffs that they intend to file a petition for writ of certiorari to the Supreme Court of the United States and reserve their right to move to stay all proceedings in this action pending a decision on such petition, and Plaintiffs have advised Defendants that they would oppose such stay; and WHEREAS, in light of these outstanding issues and for purposes of judicial efficiency and economy, the parties believe that a Case Management Conference is premature, and have agreed on a briefing schedule for Defendants' renewed motion to dismiss; NOW, THEREFORE, the parties hereby stipulate and agree, as follows: 1. 2009. 2. 3. 4. Plaint iffs' opposition to the motion shall be filed and served by April 14, 2009. Defendants' reply to the opposition shall be filed and served by May 14, 2009. In the event that defendants move to stay all proceedings in the action pending a Defendants' renewed motion to dismiss shall be filed and served by February 13,

ruling on their petition for writ of certiorari to the Supreme Court, the parties will meet and confer in good faith to attempt to stipulate to a schedule for such motion. 5. The Case Management Conference currently scheduled for January 16, 2009 shall

be removed from this Court's calendar and will be rescheduled for a date thirty (30) days after this Court enters its order on Defendants' motion to dismiss or at the Court's earliest convenience thereafter

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JOINT STIPULATION AND [PROP.] ORDER TO RESCHEDULE CMC HEARING CASE NO. C-03-4999 SI

Case 3:03-cv-04999-SI

Document 190

Filed 12/18/2008

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A T T O R N E Y S AT L A W SAN FRANCISCO

IT IS SO STIPULATED. DATED: December 18, 2008 COOLEY GODWARD KRONISH LLP

_/s/ John C. Dwyer_____________________ John C. Dwyer Counsel for Defendants

DATED: December 18, 2008

KAPLAN FOX & KILSHEIMER LLP

_/s/ Linda M. Fong________________________ Linda M Fong Liason Counsel for Plaintiffs Joshua H. Vinik Lori G. Feldman (admitted pro hac vice) Ross Brooks MILBERG LLP One Pennsylvania Plaza New York, NY 10119 Telephone: [phone] Facsimile: [phone] David George (admitted pro hac vice) Robert J. Robbins (admitted pro hac vice) COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 197 S. Federal Highway, Suite 200 Boca Raton, FL 33432 Telephone: [phone] Fax: [phone] Co-Lead Counsel for Plaintiffs

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JOINT STIPULATION AND [PROP.] ORDER TO RESCHEDULE CMC HEARING CASE NO. C-03-4999 SI

Case 3:03-cv-04999-SI

Document 190

Filed 12/18/2008

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A T T O R N E Y S AT L A W SAN FRANCISCO

[PROPOSED] ORDER The above stipulation having been considered and good cause appearing therefore, IT IS SO ORDERED.

DATED:___________________

_________________________________________ The Honorable Susan Illston UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION AND [PROP.] ORDER TO RESCHEDULE CMC HEARING CASE NO. C-03-4999 SI

Case 3:03-cv-04999-SI

Document 190

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A T T O R N E Y S AT L A W SAN FRANCISCO

FILER'S ATTESTATION Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that all parties have concurred in the filing of this Joint Stipulation and [Proposed] Order to Reschedule the Case Management Conference.

Dated: December 18, 2008

COOLEY GODWARD KRONISH LLP

By: John C. Dwyer

/s/

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JOINT STIPULATION AND [PROP.] ORDER TO RESCHEDULE CMC HEARING CASE NO. C-03-4999 SI