Gregory v. Novartis Vaccines and Diagnostics, Inc., et al

Filing 185

STIPULATION AND ORDER granting extension of the page limit re 181 filed by International Union of Operating Engineers Local No. 825 Pension Fund. Signed by Judge Vaughn R Walker on 10/29/2008. (cgk, COURT STAFF) (Filed on 10/30/2008)

Case 3:04-cv-04293-VRW

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1 MILBERG LLP JEFF S. WESTERMAN (SBN 94559) 2 One California Plaza 300 S. Grand Ave., Suite 3900 3 Los Angeles, CA 90071-3172 Telephone: [phone] Facsimile: [phone] Email: [e-mail] 5 MILBERG LLP 6 GEORGE A. BAUER III ANITA KARTALOPOULOS 7 One Pennsylvania Plaza New York, NY 10119 8 Telephone: [phone] Facsimile: [phone] 9 Email: [e-mail] Email: [e-mail] 10 11 Lead Counsel for the Class 12 13 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C-04-4293-VRW CLASS ACTION JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING THE PAGE LIMIT FOR PLAINTIFF'S MEMO OF POINTS AND AUTHORITIES IN SUPPORT OF FINAL APPROVAL OF SETTLEMENT, PLAN OF ALLOCATION AND AWARD OF ATTORNEYS' FEES AND EXPENSES AND IN REPLY TO COMMENTS AND OBJECTIONS FROM CLASS MEMBERS DATE: TIME: CTRM: JUDGE: December 3, 2008 10:00 a.m. 6, 17th Floor Hon. Vaughn R. Walker

15 RICHARD GREGORY, On Behalf of Himself and All Others Similarly Situated, 16 Plaintiff, 17 vs. 18 CHIRON CORPORATION, HOWARD H. 19 PIEN, JOHN A. LAMBERT and DAVID V. SMITH, 20 Defendants. 21 22 23 24 25 26 27 28

JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING THE PAGE LIMIT FOR PLAINTIFF'S MEMO OF POINTS AND AUTHORITIES IN SUPPORT OF FINAL APPROVAL OF SETTLEMENT, PLAN OF ALLOCATION AND AWARD OF ATTORNEYS' FEES AND EXPENSES AND IN REPLY TO COMMENTS AND OBJECTIONS FROM CLASS MEMBERS ­ CASE NO.: C-04-4293-VRW DOCS\448401v2

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STIPULATION The Court has scheduled a hearing on December 3, 2008 to, among other things: (a) determine whether the terms and conditions of the Stipulation and

Agreement of Settlement dated as of March 29, 2007 (the "Stipulation") are fair, reasonable, and adequate for the settlement of all claims asserted by the Class against the Defendants in the Consolidated Amended Complaint For Violations of the Federal Securities Laws, dated April 14, 2005 (the "Complaint") now pending in this Court under the above caption (including the release of the Released Parties) and are in the best interests of the Class and should be approved; and whether judgment should be entered dismissing the Complaint on the merits and with prejudice in favor of the Defendants and as against all persons or entities who are members of the Class herein who have not requested exclusion therefrom; (b) determine whether the Plan of Allocation proposed by Lead Plaintiff, the

International Union of Operating Engineers Local No. 825 Pension Fund, should be approved as a fair and reasonable method for allocating the common fund recovery among Class Members; (c) determine whether and in what amount to award Plaintiff's Counsel fees

and reimbursement of expenses; and (d) consider all matters submitted to it at the hearing and otherwise.

Lead Plaintiff will file papers in support of the Final Approval of Settlement, Plan of Allocation and Award of Attorneys' Fees and Expenses and in Reply to Comments and Objections from Class Members. It is more efficient briefing for Lead Plaintiff to only describe the case and matters relevant to the motions for orders approving the Settlement, the Plan of Allocation, and awarding attorneys' fees and expenses a single time. It is more efficient for Lead Plaintiff to combine its papers in support of final approval of the Settlement, the Plan of Allocation, and the request for attorneys' fees and expenses into one combined brief.
JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING THE PAGE LIMIT FOR PLAINTIFF'S MEMO OF POINTS AND AUTHORITIES IN SUPPORT OF FINAL APPROVAL OF SETTLEMENT, PLAN OF ALLOCATION AND AWARD OF ATTORNEYS' FEES AND EXPENSES AND IN REPLY TO COMMENTS AND OBJECTIONS FROM CLASS MEMBERS ­ CASE NO.: C-04-4293-VRW DOCS\448401v2

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Lead Plaintiff requests permission to file a single brief to cover the motions for orders

2 approving the Settlement, the Plan of Allocation, and awarding attorneys' fees and expenses, not 3 to exceed fifty (50) pages, to which Defendants have consented. 4 IT IS THEREFORE ORDERED, UPON AGREEMENT AND STIPULATION OF THE

5 PARTIES, THAT: 6 1. Plaintiff's Memo of Points and Authorities in Support of Final Approval of

7 Settlement, Plan of Allocation and Award of Attorneys' Fees and Expenses and in Reply to 8 Comments and Objections from Class Members shall be no longer than fifty (50) pages; and 9 2. The parties do not anticipate opposition or reply briefs on either motion, but if

10 any, they may be combined in a single brief, not to exceed the local rule page limits for two 11 briefs. 12 IT IS SO STIPULATED. MILBERG LLP JEFF S. WESTERMAN /s/ Jeff S. Westerman JEFF S. WESTERMAN One California Plaza 300 South Grand Avenue, Suite 3900 Los Angeles, CA 90071 Telephone: [phone] Facsimile: [phone] Email: [e-mail] MILBERG LLP GEORGE A. BAUER III ANITA KARTALOPOULOS One Pennsylvania Plaza New York, NY 10119 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Lead Counsel for the Class

13 DATED: October 27, 2008 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING THE PAGE LIMIT FOR PLAINTIFF'S MEMO OF POINTS AND AUTHORITIES IN SUPPORT OF FINAL APPROVAL OF SETTLEMENT, PLAN OF ALLOCATION AND AWARD OF ATTORNEYS' FEES AND EXPENSES AND IN REPLY TO COMMENTS AND OBJECTIONS FROM CLASS MEMBERS ­ CASE NO.: C-04-4293-VRW DOCS\448401v2

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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: October 27, 2008 DATED: October 27, 2008

KROLL HEINEMAN GIBLIN, LLC VINCENT M. GIBLIN 99 Wood Avenue South, Suite 307 Iselin, NJ 08830 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Lead Counsel for Plaintiffs SKADDEN ARPS SLATE MEAGHER & FLOM LLP AMY S. PARK /s/ Amy S. Park AMY S. PARK 525 University Avenue Suite 1100 Palo Alto, CA 94301 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Counsel for Defendants WACHTELL, LIPTON, ROSEN & KATZ RACHELLE SILVERBERG /s/ Rachelle Silverberg RACHELLE SILVERBERG 51 West 52nd Street New York, New York 10019 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Counsel for Defendants

JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING THE PAGE LIMIT FOR PLAINTIFF'S MEMO OF POINTS AND AUTHORITIES IN SUPPORT OF FINAL APPROVAL OF SETTLEMENT, PLAN OF ALLOCATION AND AWARD OF ATTORNEYS' FEES AND EXPENSES AND IN REPLY TO COMMENTS AND OBJECTIONS FROM CLASS MEMBERS ­ CASE NO.: C-04-4293-VRW DOCS\448401v2

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*

* ORDER

*

Having read and considered the parties' Joint Stipulation and [Proposed] Order Extending the Page Limit for Plaintiff's Memo of Points and Authorities in Support of Final Approval of Settlement, Plan of Allocation and Award of Attorney's Fees and Expenses and in Reply to Comments and Objections from Class Members, Lead Plaintiff may file a single combined brief covering the above four matters not to exceed fifty (50) pages. IT IS SO ORDERED.

THE HONORABLE VAUGHN R. WALKER ED UNITED STATESGRANT JUDGE DISTRICT

UNIT ED

10/29/2008 DATED: ___________________, 2008

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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING THE PAGE LIMIT FOR PLAINTIFF'S MEMO OF POINTS AND AUTHORITIES IN SUPPORT OF FINAL APPROVAL OF SETTLEMENT, PLAN OF ALLOCATION AND AWARD OF ATTORNEYS' FEES AND EXPENSES AND IN REPLY TO COMMENTS AND OBJECTIONS FROM CLASS MEMBERS ­ CASE NO.: C-04-4293-VRW DOCS\448401v2

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SIGNATURE ATTESTATION I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. /s/ Jeff. S. Westerman JEFF S. WESTERMAN

JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING THE PAGE LIMIT FOR PLAINTIFF'S MEMO OF POINTS AND AUTHORITIES IN SUPPORT OF FINAL APPROVAL OF SETTLEMENT, PLAN OF ALLOCATION AND AWARD OF ATTORNEYS' FEES AND EXPENSES AND IN REPLY TO COMMENTS AND OBJECTIONS FROM CLASS MEMBERS ­ CASE NO.: C-04-4293-VRW DOCS\448401v2

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Case 3:04-cv-04293-VRW

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Case 3:04-cv-04293-VRW

Document 181

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1 2 3 4 5 6 Counsel for Plaintiffs Jeff S. Westerman MILBERG LLP One California Plaza 300 S. Grand Avenue, Suite 3900 Los Angeles, CA 90071 Telephone: [phone] Facsimile: [phone]

CHIRON CORPORATION SERVICE LIST George A. Bauer III Anita Kartalopoulos MILBERG LLP One Pennsylvania Plaza New York, NY 10119 Telephone: [phone] Facsimile: [phone] Lionel Glancy GLANCY BINKOW & GOLDBERG LLP 1801 Ave. of the Stars, Suite 311 Los Angeles, CA 90067 Telephone: [phone] Facsimile: [phone]

7 Vincent M. Giblin KROLL HEINEMAN GIBLIN LLC 8 99 Wood Avenue South, Suite 307 Iselin, NJ 08830 9 Telephone: [phone] Facsimile: [phone] 11 Brian P. Murray MURRAY, FRANK & SAILER LLP 12 275 Madison Avenue, Suite 801 New York, NY 10016 13 Telephone: [phone] Facsimile: [phone] 15 Counsel for Defendants James E. Lyons 16 Amy S. Park SKADDEN ARPS SLATE MEAGHER & FLOM LLP 17 525 University Avenue Suite 1100 18 Palo Alto, CA 94301 19 Telephone: [phone] Facsimile: [phone] 20 Other Counsel 21 Jeffrey R. Krinsk 22 FINKELSTEIN & KRINSK 501 W. Broadway, Suite 1250 23 San Diego, CA 92101-3593 Telephone: [phone] Facsimile: [phone] 25 26 27 28

Paul K. Rowe Rachelle Silverberg WACHTELL, LIPTON, ROSEN & KATZ 51 West 52nd Street New York, New York 10019 Telephone: [phone] Facsimile: [phone]

JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING THE PAGE LIMIT FOR PLAINTIFF'S MEMO OF POINTS AND AUTHORITIES IN SUPPORT OF FINAL APPROVAL OF SETTLEMENT, PLAN OF ALLOCATION AND AWARD OF ATTORNEYS' FEES AND EXPENSES AND IN REPLY TO COMMENTS AND OBJECTIONS FROM CLASS MEMBERS ­ CASE NO.: C-04-4293-VRW DOCS\448401v2

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