Hartman v. Gilead Sciences, Inc. et al

Filing 255

ORDER granting continuance of motion, case managmenet and mediation (tf, COURT STAFF) (Filed on 1/26/2010)

Case3:03-cv-04999-SI Document254

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Laurence D. King (SBN 206423) [e-mail] KAPLAN FOX & KILSHEIMER LLP 350 Sansome Street, Suite 400 San Francisco, CA 94104 Telephone: [phone] Fax: [phone] Liaison Counsel for Plaintiffs

Stephen C. Neal (170085) [e-mail] John C. Dwyer (136533) [e-mail] Matthew D. Brown (196972) [e-mail] Jeffrey M. Kaban (235743) [e-mail] COOLEY GODWARD KRONISH LLP 5 Palo Alto Square 3000 El Camino Real Palo Alto, CA 94306 Telephone: [phone] Fax: [phone] Counsel for Defendants

David J. George (admitted pro hac vice) [e-mail] Robert J. Robbins (admitted pro hac vice) [e-mail] Holly Kimmel (admitted pro hac vice) [e-mail] COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 120 E. Palmetto Park Road, Suite 500 Boca Raton, FL 33432 Telephone: [phone] Fax: [phone]

Joshua H. Vinik (admitted pro hac vice) [e-mail] Lori G. Feldman (admitted pro hac vice) [e-mail] Ross Brooks (admitted pro hac vice) [e-mail] MILBERG LLP One Pennsylvania Plaza New York, NY 10119-0165 Telephone: [phone] Fax: [phone]

Co-Lead Counsel for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re GILEAD SCIENCES SECURITIES LITIGATION Master File No. C-03-4999-SI CLASS ACTION JOINT STIPULATION AND [PROPOSED] ORDER REGARDING MEDIATION AND CLASS CERTIFICATION SCHEDULING

This Document Relates To: ALL ACTIONS

JOINT STIP AND [PROPOSED] ORDER RE MEDIATION AND CLASS CERT

Master File No.: C-03-4999-SI

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WHEREAS the parties have agreed to mediate this case before Judge Layn R. Phillips on March 2, 2010; and WHEREAS, the current schedule for briefing and argument on Plaintiffs' motion for class certification commences on January 29, 2010, as reflected in the Civil Pretrial Minutes dated July 17, 2009 and filed on July 21, 2009 [D.E. 235]; and WHEREAS, in light of the upcoming mediation, the parties wish to modify the class certification schedule, and have agreed to a schedule whereby class certification briefing and certain discovery proceedings would commence within 14 days of the mediation in the event the case does not settle (in accordance with the schedule set forth below); and WHEREAS, a Case Management Conference in this action had been set by the Court for January 22, 2010, and the parties submitted their Joint Case Management Statement on January 15, 2010 [D.E. 252], which, inter alia, requested that the following schedule be entered; and WHEREAS, the Case Management Conference has now been adjourned by the Court to February 3, 2010, a date after the current class certification proceedings were supposed to commence, thus necessitating the filing of this stipulation; and WHEREAS, no prior request to modify the class certification schedule has been made in this case, nor will the requested modifications have any effect on the schedule for the case as a discovery cut-off and other dates have not yet been entered; and WHEREAS, in light of these outstanding issues, for purposes of judicial efficiency and economy, and in order to afford the parties an opportunity to prepare for and attend mediation, the parties believe that the deadlines for class certification and other scheduling matters should be established as set forth below; NOW, THEREFORE, the parties hereby stipulate and agree, as follows: 1. By January 29, 2010, Plaintiffs will produce the trading records of Lead Plaintiffs

showing the dates and nature of all transactions in Gilead stock. 2. In the event the case does not settle, class certification briefing shall begin within 14

days of the March 2, 2010 mediation, as follows: (a) Plaintiffs' motion for class certification
JOINT STIP AND [PROPOSED] ORDER RE MEDIATION AND CLASS CERT

Master File No.: C-03-4999-SI

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pursuant to Fed. R. Civ. P. 23 shall be filed on or before March 16, 2010; (b) Defendants' opposition to Plaintiffs' motion for class certification shall be filed on or before April 6, 2010; (c) Plaintiffs' reply in support of their motion for class certification shall be filed on or before April 27, 2010; (d) the hearing on the motion for class certification shall be scheduled on a date thereafter at the Court's discretion. 3. With regard to class certification and other discovery in the event the case does not

settle, the parties agree to the following schedule: (a) Plaintiffs will respond to Defendants' First set of Requests for the Production of Documents and First Set of Interrogatories no later then March 16, 2010; (b) Lead Plaintiffs will be made available for deposition the week of March 22, 2010; (c) Defendants will respond to Plaintiffs' First Request for Production of Documents no later than March 29, 2010. IT IS SO STIPULATED.

DATED: January 21, 2010

KAPLAN FOX & KILSHEIMER LLP

/s/ Laurence D. King LAURENCE D. KING Laurence D. King KAPLAN FOX & KILSHEIMER LLP 350 Sansome Street, Suite 400 San Francisco, CA 94104 Telephone: [phone] Fax: [phone] email: [e-mail] Liaison Counsel for Plaintiffs DATED: January 21, 2010 MILBERG LLP

/s/ Joshua H. Vinik Joshua H. Vinik (admitted pro hac vice) [e-mail] Lori G. Feldman (admitted pro hac vice)
JOINT STIP AND [PROPOSED] ORDER RE MEDIATION AND CLASS CERT

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[e-mail] Ross Brooks (admitted pro hac vice) [e-mail] MILBERG LLP One Pennsylvania Plaza New York, NY 10119-0165 Telephone: [phone] Fax: [phone]

COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP

/s/ David J. George DAVID J. GEORGE David J. George (admitted pro hac vice) [e-mail] Robert J. Robbins (admitted pro hac vice) [e-mail] Holly Kimmel (admitted pro hac vice) [e-mail] COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 120 E. Palmetto Park Road, Suite 500 Boca Raton, FL 33432 Telephone: [phone] Fax: [phone] Co-Lead Counsel for Plaintiffs COOLEY GODWARD KRONISH LLP

/s/ Matthew D. Brown MATTHEW D. BROWN Stephen C. Neal (170085) [e-mail] John C. Dwyer (136533) [e-mail] Matthew D. Brown (196972) [e-mail] Jeffrey M. Kaban (235743) [e-mail] COOLEY GODWARD KRONISH LLP 5 Palo Alto Square 3000 El Camino Real
JOINT STIP AND [PROPOSED] ORDER RE MEDIATION AND CLASS CERT

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Palo Alto, CA 94306 Telephone: [phone] Fax: [phone] Counsel for Defendants

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

_____________________________________________ The Honorable Susan Illston UNITED STATES DISTRICT JUDGE

The further case management conference has been conitnued to May 14, 2010, at 3:00 p.m. The motion hearing has reserved for May 14, 2010, at 9:00 a.m.

JOINT STIP AND [PROPOSED] ORDER RE MEDIATION AND CLASS CERT

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: January 21, 2010

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 Regarding Mediation and Class Certification Scheduling.

KAPLAN FOX & KILSHEIMER LLP

_________/S/ Linda M. Fong____________ LINDA M. FONG

JOINT STIP AND [PROPOSED] ORDER RE MEDIATION AND CLASS CERT

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DECLARATION OF SERVICE I, Annette Chatham, declare that I am over the age of eighteen (18) and not a party to the within action. I am employed in the law firm of Kaplan Fox & Kilsheimer LLP, 350 Sansome Street, Suite 400, San Francisco, California 94111. On January 21, 2010, I used the Northern District of California's Electronic Case Filing System, with the ECF registered to Linda M. Fong to file the following document(s): JOINT STIPULATION AND [PROPOSED] ORDER REGARDING MEDIATION AND CLASS CERTIFICATION SCHEDULING The ECF system is designed to send an e-mail message to all parties in the case, which constitutes service. The parties served by e-mail in this case are found on the Court's Electronic Mail Notice List. On this date, I served the below parties: Jack G. Fruchter Abraham Fruchter & Twersky LLP One Penn Plaza Suite 2805 New York, NY 10119 James M. Orman Law Offices of James M. Orman 1845 Walnut Street, 14th Floor Philadelphia, PA 19103 [e-mail] Robert A. Jigarjian Jigarjian Law Office 128 Tunstead Avenue San Anselmo, CA 94960 Jennifer J. Sosa MILBERG LLP One Pennsylvania Plaza 49th Floor New York, New York 10119 Telephone: [phone] Fax: [phone]

(BY FACSIMILE) I sent such document from facsimile machine on the above date. I certify that said transmission was completed and that all pages were received and that a report was generated by the facsimile machine which confirms said transmission and receipt. XXX (U.S. MAIL) I placed the sealed envelope(s) for collection and mailing by following ordinary business practices of Kaplan Fox Kilsheimer LLP. I am readily familiar with Kaplan Fox Kilsheimer LLP's practice for collecting and processing of correspondence for mailing with the United States Postal Service, said practice being that, in the ordinary course of business, correspondence with postage fully prepaid is deposited with the United States Postal Service the same day as it is placed for collection. (PERSONAL SERVICE) I caused personal delivery of the document(s) listed above the person(s) at the address(es) set forth below.
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1 (BY OVERNIGHT DELIVERY) I placed the sealed envelope(s) or package(s) designated 2 by the express service carrier for collection and overnight delivery by following the ordinary business practices of Kaplan Fox Kilsheimer LLP. I am readily familiar with Kaplan Fox 3 Kilsheimer LLP's practice for collecting and processing of correspondence for overnight delivery, said practice being that, in the ordinary course of business, correspondence for overnight delivery 4 is deposited with delivery fees paid or provided for at the carrier's express service offices for next-day delivery the same day as the correspondence is placed for collection. 5 6 I declare under penalty of perjury under the laws of the United States of America and the

7 State of California that the foregoing is true and correct. 8 9 Executed January 21, 2010 at San Francisco, California. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
JOINT STIP AND [PROPOSED] ORDER RE MEDIATION AND CLASS CERT

/s/ Annette Chatham Annette Chatham

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-1JOINT STIPULATION AND [PROPOSED] ORDER REGARDING MEDIATION AND CLASS CERTIFICATION SCHEDULING: C-03-4999-SI