Fishbury, Limited et al v. Connetics Corporation et al
Filing
189
ORDER setting 7/17/09 @ 9 a.m. for preliminary approval hearing for class settlement. (ts, COURT STAFF) (Filed on 7/7/2009)
Case3:07-cv-02940-SI Document188
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BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP DAVID R. STICKNEY (Bar No. 188574) NIKI L. MENDOZA (Bar No. 214646) TAKEO A. KELLAR (Bar No. 234470) 12481 High Bluff Drive, Suite 300 San Diego, CA 92130 Tel: (858) 793-0070 Fax: (858) 793-0323 davids@blbglaw.com matthews@blbglaw.com takeok@blbglaw.com -andCHAD JOHNSON 1285 Avenue of the Americas, 38th Floor New York, NY 10019 Tel: (212) 554-1400 Fax: (212) 554-1444 chad@blbglaw.com Attorneys for Lead Plaintiff Teachers' Retirement System of Oklahoma and Lead Counsel to the Class UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re CONNETICS SECURITIES LITIGATION Case No. 07-CV-02940 SI
STIPULATION AND [PROPOSED] ORDER REGARDING PROPOSED SETTLEMENT
STIPULATION AND [PROPOSED] ORDER REGARDING PROPOSED SETTLEMENT Case No. 07-CV-02940 SI
Case3:07-cv-02940-SI Document188
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This Stipulation is entered into by and among Lead Plaintiff Teachers' Retirement System of Oklahoma ("Lead Plaintiff") and defendants Connetics Corp., Thomas G. Wiggans, C. Gregory Vontz, John Higgins, and Lincoln Krochmal ("Defendants"). WHEREAS, the parties are pleased to inform the Court that they have agreed to settle the above action subject to Court approval pursuant to Federal Rule of Civil Procedure 23(e); WHEREAS, the parties are preparing a formal stipulation of settlement and will present the settlement to the Court with a motion for preliminary approval on or before July 10, 2009; WHEREAS, the parties are unaware of any opposition to the motion for preliminary approval, and request that it be heard on shortened time such that notice of the class certification and proposed settlement may be made to the Class; WHEREAS, in light of the foregoing, the parties jointly request that all current deadlines be suspended to allow the parties to focus on documenting the settlement and submitting it for the Court's consideration; WHEREAS, the Court previously scheduled a Case Management Conference with the parties for July 10, 2009; WHEREAS, the parties contacted the Court on or about July 2, 2009, and were requested to file a stipulation and proposed order; THE FOLLOWING IS THEREFORE STIPULATED AND AGREED by Lead Plaintiff and Defendants, through their respective counsel of record that, subject to the Court's approval: 1. 2. 3. The Case Management Conference scheduled for July 10, 2009 is vacated; All current deadlines are suspended; The parties shall file the settlement with the Court along with a motion for
preliminary approval of the settlement on or before July 10, 2009; 4. A hearing on the preliminary approval motion will be held on July 17, 2009, at a
time to be set by the Court; 5. July 14, 2009. Any opposition to the preliminary approval motion shall be filed on or before
STIPULATION AND [PROPOSED] ORDER PROPOSED SETTLEMENT Case No. 07-CV-02940 SI
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Dated: July 6, 2009
Respectfully submitted, BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP By: /s/ David R. Stickney
DAVID R. STICKNEY NIKI L. MENDOZA TAKEO A. KELLAR 12481 High Bluff Drive, Suite 300 San Diego, CA 92130 Tel: (858) 793-0070 Fax: (858) 793-0323 Attorneys for Lead Plaintiff Teachers' Retirement System of Oklahoma and Lead Counsel to the Class Dated: July 6, 2009 FENWICK & WEST LLP By: /s/ Susan Muck
SUSAN MUCK CATHERINE KEVANE 555 California Street, Suite 1200 San Francisco, California 94104 Telephone: (415) 875-2300 Facsimile: (415) 281-1350 Attorneys for Defendants Connetics Corp., Thomas G. Wiggans, C. Gregory Vontz, John Higgins, and Lincoln Krochmal Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of the document has been obtained from Susan Muck and/or Catherine Kevane. * * *
PURSUANT TO THE STIPULATION, IT IS SO ORDERED.
DATED: _____________ 2009
_________________________________________ THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT JUDGE
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STIPULATION AND [PROPOSED] ORDER PROPOSED SETTLEMENT Case No. 07-CV-02940 SI
Case3:07-cv-02940-SI Document188
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CERTIFICATE OF SERVICE I, Kristina L. Sousek, do hereby certify that on this 6th day of July, 2009, true and correct copies of the foregoing: STIPULATION AND [PROPOSED] ORDER REGARDING PROPOSED SETTLEMENT was filed electronically. Those attorneys who are registered with the Electronic Case Filing ("ECF") System may access this filing through the Court's system, and notice of this filing will be sent to the parties by operation of the Court's ECF System. Attorneys not registered with the Court's ECF system will be duly and properly served via Federal Express or U.S. Mail (as indicated on the attached Service List), in accordance with the Federal Rules of Civil Procedure and the Court's Local Rules.
/s/ Kristina L. Sousek KRISTINA L. SOUSEK
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Service List In re CONNETICS SECURITIES LITIGATION Case No.: 07-02940 COUNSEL FOR DEFENDANTS CONNETICS CORPORATION, THOMAS G. WIGGANS, C. GREGORY VONTZ, JOHN HIGGINS, LINCOLN KROCHMAL Susan S. Muck Dean S. Kristy Catherine D. Kevane Christine A. Vogelei FENWICK & WEST 555 California Street, 12th Floor San Francisco, CA 94104 Tel: 415-875-2300 Fax: 415-281-1350 smuck@fenwick.com dkristy@fenwick.com ckevane@fenwick.com cvogelei@fenwick.com Via ECF
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