Electrical Workers Pension Fund, Local 103, I.B.E.W. et al v. Nuvelo Inc. et al

Filing 74

ORDER AS MODIFIED BY THE COURT re [Doc #73] Stipulation filed by Nuvelo Inc. Plaintiffs shall have through and including 1/23/2009 to file the Amended Consolidated Complaint. Defendants shall have through and including 3/24/2009 to respond to the Amended Consolidated Complaint. Signed by Judge Vaughn R Walker on 1/9/2009. (cgk, COURT STAFF) (Filed on 1/14/2009)

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COOLEY GODWARD KRONISH LLP SCOTT D. DEVEREAUX (146050) ([e-mail]) JEFFREY M. KABAN (235743) ([e-mail]) Five Palo Alto Square 3000 El Camino Real Palo Alto, CA 94306-2155 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants NUVELO, INC., MICHAEL D. LEVY, TED W. LOVE, and GARY S. TITUS

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

In re NUVELO, INC. SECURITIES LITIGATION

Master File No. 07-CV-04056-VRW CLASS ACTION STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR PLAINTIFFS TO FILE THE AMENDED CONSOLIDATED COMPLAINT AND SETTING A BRIEFING SCHEDULE FOR DEFENDANTS' ANTICIPATED MOTION TO DISMISS Trial Date: Not yet set

WHEREAS, on December 4, 2008, the Court dismissed plaintiffs' Consolidated Complaint with leave to amend for failing to link defendants' alleged misstatements and omissions with the cause of plaintiffs loss, failing to sufficiently allege that defendants' statements were misleading, and failing to demonstrate that defendants' statements were not shielded by the PSLRA's safe harbor for forward-looking statements ("the Order"); WHEREAS, on December 12, 2008, pursuant to a stipulation by the parties, the Court extended plaintiffs' time to file the Amended Consolidated Complaint to January 14, 2009; WHEREAS, due to an injury to plaintiffs' counsel, plaintiffs request that the time to file the 1.
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Amended Consolidated Complaint be further extended to January 23, 2009; WHEREAS, the parties have met and conferred and defendants do not object to extending plaintiffs' time to file the Amended Consolidated Complaint through and including January 23, 2009; WHEREAS, pursuant to the Federal Rule of Civil Procedure 15, defendants only have 10 days after service to respond to an amended complaint; WHEREAS, it will take longer than ten days to properly evaluate the Amended Consolidated Complaint to determine if it sufficiently addresses the issues raised in the Order and then to respond to the Amended Consolidated Complaint; WHEREAS, defendants anticipate filing a motion to dismiss the Amended Consolidated Complaint; WHEREAS, the parties have met and conferred and plaintiffs do not object to extending defendants' time to respond to the Amended Consolidated Complaint through and including March 24, 2009; WHEREAS, the parties have met and conferred and agreed that if, as anticipated, defendants file a motion to dismiss, then lead plaintiffs' opposition should be filed on or before May 25, 2009 and defendants' reply brief should be filed on or before June 24, 2009; WHEREAS, the purpose of the extension of time and briefing schedule is to allow the parties to thoroughly brief for the Court whether the Amended Consolidated Complaint addresses the multiple issues raised in the Order as well as any other issues that might be raised by the Amended Consolidated Complaint; WHEREAS, this extension of time will not impact any other deadlines set by the Court. NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties hereto through their respective counsel of record, subject to the approval by the Court that: 1. Plaint iffs shall have through and including January 23, 2009, to file the Amended Consolidated Complaint; 2. Defendants shall have through and including March 24, 2009, to respond to the Amended Consolidated Complaint;
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STIP. AND [PROPOSED] ORDER RE BRIEFING SCHEDULE CASE NO. 07-CV-04056-VRW

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3.

In the event that defendants file a motion to dismiss the Amended Consolidated Complaint, lead plaintiffs shall have through and including May 25, 2009 to file an opposition to defendants' motion to dismiss; and

4.

Defendants shall have through and including June 24, 2009 to file a reply brief.

IT IS SO STIPULATED. Dated: January 8, 2009 COOLEY GODWARD KRONISH LLP /s/ Scott S. Devereaux Scott S. Devereaux 5 Palo Alto Square 3000 El Camino Real Palo Alto, CA 94306-2155 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Dated: January 8, 2009 IZARD NOBEL LLP /s/ Jeffrey S. Nobel Jeffrey S. Nobel 20 Church Street, Suite 1700 Hartford, CT 06103 Telephone: [phone] Fax: [phone] jno [e-mail] Co-Lead Counsel for Plaintiffs ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Scott S. Devereaux, attest that concurrence in the filing of this document has been obtained from each of the other signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 8th day of December, 2008, at Palo Alto, California. /s/ Scott S. Devereaux Scott S. Devereaux
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[PROPOSED] ORDER Upon Stipulation of the parties and good cause appearing therefore, it is hereby ordered that: 1. Plaint iffs shall have through and including January 23, 2009, to file the Amended Consolidated Complaint; 2. Defendants shall have through and including March 24, 2009, to respond to the Amended Consolidated Complaint; 3. In the event that defendants file a motion to dismiss the Amended Consolidated Complaint, lead plaintiffs shall have through and including May 25, 2009 to file an opposition to defendants' motion to dismiss; and 4. Defendants shall have through and including June 24, 2009 to file a reply brief.

IT IS SO ORDERED. Dated: January _9 , 2009 _

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STIP. AND [PROPOSED] ORDER RE BRIEFING SCHEDULE CASE NO. 07-CV-04056-VRW

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CERTIFICATE OF SERVICE (FRCP 5) I am a citizen of the United States and a resident of the State of California, over the age of 18 years, and not a party to the within action. I am emplo yed in Santa Clara County, State of California, in the office of a member of the bar of this Court at whose direction the service was made. My business address is Cooley Godward Kronish Camino Real, Palo Alto, CA 94306-2155. I served a STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR PLAINTIFFS TO FILE THE AMENDED CONSOLIDATED COMPLAINT AND SETTING A BRIEFING SCHEDULE FOR DEFENDANTS' ANTICIPATED MOTION TO DISMISS in the manner(s) indicated on the parties listed below:
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Five Palo Alto Square, 3000 El

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BY U.S. MAIL ­ CCP § 1013a(1)) I am personally and readily familiar with the business practice of Cooley Godward Kronish LLP for collection and processing of correspondence for mailing with the United States Postal Service, and I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States Postal Service at Palo Alto, California. (BY FACSIMILE ­ CCP § 1013(e)) I am personally and readily familiar with the business practice of Cooley Godward Kronish LLP for collection and processing of document(s) to be transmitted by facsimile, and I caused such document(s) on this date to be transmitted by facsimile to the offices of addressee(s) at the numbers listed below. (BY OVERNIGHT MAIL ­ CCP § 1013(c)) I am personally and readily familiar with the business practice of Cooley Godward Kronish LLP for collection and processing of correspondence for overnight delivery, and I caused such document(s) described herein to be deposited for delivery to a facility regularly maintained by Federal Express for overnight delivery. Nico lette Tropiano, Esq. Schiffrin Barroway Topaz & Kessler LLP 280 King of Prussia Road Radnor, PA 19087

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Mario Alba, Esq. Coughlin Stoia Geller Rudman & Robbins LLP 58 South Service Road, Suite 200 Melville, NY 11747

I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on January 8, 2008, at Palo Alto, California. /s/ Jocelyn McIntosh Jocelyn McIntosh
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