Hartman v. Gilead Sciences, Inc. et al

Filing 257

ORDER Motion or Status Report due 4/12/10. The 5/14/10 case management conference remains on calendar until further notice. (tf, COURT STAFF) (Filed on 3/16/2010)

1 Linda M. Fong (SBN 124232)
[e-mail] 2 KAPLAN FOX & KILSHEIMER LLP 350 Sansome Street, Suite 400 3 San Francisco, CA 94104 Telephone: [phone] Fax: [phone]

5 Liaison Counsel for Plaintiffs 6 7 8

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

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In re GILEAD SCIENCES SECURITIES Master File No. C-03-4999-SI CLASS ACTION JOINT STIPULATION AND [PROPOSED] ORDER REGARDING AGREEMENT-IN-PRINCIPLE TO SETTLE AND RELATED SCHEDULING DEADLINES UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 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

23 LITIGATION 24 25 This Document Relates To: 26 27 28
ALL ACTIONS

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING AGREEMENT-INPRINCIPLE TO SETTLE AND RELATED SCHEDULING DEADLINES: C-03-4999-SI

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WHEREAS by Joint Stipulation dated January 21, 2010 and So Ordered by this Court

2 [D.E. 255], the parties informed the Court that they had scheduled a mediation of this action 3 before Judge Layn R. Phillips; and 4
WHEREAS, at the request of the parties and in light of the upcoming mediation, the

5 Court entered certain deadlines regarding discovery and class certification proceedings which 6 were to be met "in the event the case does not settle" [D.E. 255]; and 7
WHEREAS, the parties are now pleased to report to the Court that they have reached an

8 agreement-in-principle to settle this action; and 9
WHEREAS the parties are now proceeding with the drafting of a class action settlement

10 stipulation and related documents, including the Notice to the Class, all of which will require 11 Court approval; and 12 13
NOW, THEREFORE, the parties hereby stipulate and agree, as follows: 1. In accordance with the prior Stipulation and Order [D.E. 255], all prior

14 deadlines in the action with respect to Class Certification and discovery are hereby stayed; and 15
2. The parties shall proceed to negotiate a class action settlement stipulation and

16 related documents, including the required Notice to the Class pursuant to Fed. R. Civ. P. 23. 17 Upon completion of those documents, plaintiffs will move the Court for preliminary approval 18 of the settlement, Notice to the Class and for hearing on final settlement approval (the 19 "Preliminary Approval Motion"). 20 21 22 23 24 25 26 27 28
JOINT STIPULATION AND [PROPOSED] ORDER REGARDING AGREEMENT-INPRINCIPLE TO SETTLE AND RELATED SCHEDULING DEADLINES: C-03-4999-SI

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3.

If the Preliminary Approval Motion has not been filed within 30 days of the date

2 of this Order, the parties shall file a report with the Court regarding the status of the parties' 3 progress towards completion of the class action settlement stipulation and the Preliminary 4 Approval Motion. 5 6 7 8 9 10 11 12 13 14 15 16 17
/s/ Joshua H. Vinik DATED: March 11, 2010 MILBERG LLP /s/ Linda M. Fong LINDA M. FONG Linda M. Fong 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: March 11, 2010 KAPLAN FOX & KILSHEIMER LLP IT IS SO STIPULATED.

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING AGREEMENT-INPRINCIPLE TO SETTLE AND RELATED SCHEDULING DEADLINES: C-03-4999-SI

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]

3

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

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

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING AGREEMENT-INPRINCIPLE TO SETTLE AND RELATED SCHEDULING DEADLINES: C-03-4999-SI

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ORDER The above stipulation having been considered and good cause appearing therefore, IT IS SO ORDERED. Motion or Status Report due 4/12/10. The 5/14/10 case management conference remains on calendar until further notice. _____________________________________________ The Honorable Susan Illston UNITED STATES DISTRICT JUDGE

5 DATED:___________________ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING AGREEMENT-INPRINCIPLE TO SETTLE AND RELATED SCHEDULING DEADLINES: C-03-4999-SI

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DATED: March 11, 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 AGREEMENT-IN-PRINCIPLE TO SETTLE AND RELATED SCHEDULING DEADLINES.

KAPLAN FOX & KILSHEIMER LLP

______/s/ Linda M. Fong____________ LINDA M. FONG

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING AGREEMENT-INPRINCIPLE TO SETTLE AND RELATED SCHEDULING DEADLINES: C-03-4999-SI

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DECLARATION OF SERVICE I, Kelly Dunn, 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 March 11, 2010, I used the Northern District of California's Electronic Case Filing (ECF) System, with the ECF identification registered to Linda M. Fong to file the following document(s): JOINT STIPULATION AND [PROPOSED] ORDER REGARDING AGREEMENTIN-PRINCIPLE TO SETTLE AND RELATED SCHEDULING DEADLINES The ECF system is designed to send an e-mail message to all parties in the case, which

12 constitutes service. On this date, I served the below parties by e-mail notices for this case: Susan K. Alexander 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Linda M. Fong

[e-mail],[e-mail],[e-mail]
Eric J. Belfi

[e-mail],[e-mail]
Lauren Block

[e-mail]
Brian D. Brooks

[e-mail]
Ross B. Brooks

[e-mail]
Matthew Dean Brown

[e-mail],[e-mail]
John C. Dwyer

[e-mail],[e-mail]
Lori G. Feldman

[e-mail] [e-mail],[e-mail],[e-mail]
David Jude George

[e-mail],[e-mail]
JOINT STIPULATION AND [PROPOSED] ORDER REGARDING AGREEMENT-INPRINCIPLE TO SETTLE AND RELATED SCHEDULING DEADLINES: C-03-4999-SI

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1 2 3 4 5 6 7

Michael M. Goldberg

[e-mail]
Robert A. Jigarjian

[e-mail]
Jeffrey Michael Kaban

[e-mail],[e-mail]
Laurence D. King

[e-mail],[e-mail],[e-mail],istanescu @kaplanfox.com
Douglas C McDermott

8 9 10 11 12 13 14 15 16 17 18

[e-mail],[e-mail]
John W. Pillette

[e-mail]
Robert Jeffrey Robbins

[e-mail],[e-mail]
David Avi Rosenfeld , Esq

[e-mail]
Samuel H. Rudman

[e-mail]
Jennifer J. Sosa

[e-mail]
Marc M. Umeda

[e-mail],[e-mail]
Joshua H. Vinik

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[e-mail] The following is the list of attorneys who are not on the ECF list to receive e-mail notices for this case, and received manual noticing: 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
JOINT STIPULATION AND [PROPOSED] ORDER REGARDING AGREEMENTIN-PRINCIPLE TO SETTLE AND RELATED SCHEDULING DEADLINES

Holly W. Kimmel Coughlin Stoia Geller Rudman & Robbins LLP 120 E. Palmetto Park Road, Suite 500 Boca Raton, FL 33432-4809

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

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(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. _XX (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. (BY OVERNIGHT DELIVERY) I placed the sealed envelope(s) or package(s) designated 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 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 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. I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct. Executed March 11, 2010, at San Francisco, California.

/s/ Kelly E. Dunn Kelly E. Dunn

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING AGREEMENTIN-PRINCIPLE TO SETTLE AND RELATED SCHEDULING DEADLINES

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