Inter-Local Pension Fund GCC/IBT v. Rigel Pharmaceuticals, Inc. et al

Filing 10

ORDER GRANTING 9 Stipulation VACATING CASE MANAGEMENT CONFERENCE SET FOR MAY 15, 2009. Signed by Judge Jeffrey S. White on 3/23/09. (jjo, COURT STAFF) (Filed on 3/23/2009)

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Case 3:09-cv-00546-JSW Document 9 Filed 03/20/2009 Page 1 of 6 1 2 3 4 5 6 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP CHRISTOPHER P. SEEFER (201197) DANIEL J. PFEFFERBAUM (248631) 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: 415/288-4545 415/288-4534 (fax) chriss@csgrr.com dpfefferbaum@csgrr.com 7 Attorneys for Plaintiff 8 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) No. 3:09-cv-00546-JSW CLASS ACTION STIPULATION AND [PROPOSED] ORDER VACATING CASE MANAGEMENT CONFERENCE SET FOR MAY 15, 2009 10 In re RIGEL PHARMACEUTICALS, INC. SECURITIES LITIGATION 11 12 This Document Relates To: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ALL ACTIONS. Case 3:09-cv-00546-JSW Document 9 Filed 03/20/2009 Page 2 of 6 1 WHEREAS, plaintiff Inter-Local Pension Fund GCC/IBT ("Inter-Local") filed its Complaint 2 for Violations of the Federal Securities Laws ("Complaint") against Rigel Pharmaceuticals, Inc. 3 ("Rigel" or "the Company") on February 6, 2009; 4 WHEREAS, Inter-Local alleges in the Complaint that this is a securities class action on 5 behalf of all persons who acquired Rigel stock between December 13, 2007 and October 27, 2008 6 ("Class Period"), including all persons who acquired Rigel stock pursuant and/or traceable to Rigel's 7 registration statement and prospectus issued in connection with the Company's February 2008 8 secondary offering; 9 WHEREAS, in accordance with the Private Securities Litigation Reform Act of 1995 10 ("PSLRA"), 15 U.S.C. 78u-4(a)(3), on February 6, 2009, Inter-Local asserts that it published a 11 press release on Business Wire that disclosed the filing of the Complaint and informed persons who 12 acquired Rigel common stock during the Class Period that if they wished to serve as lead plaintiff, 13 they were required to file a motion with the Court no later than 60 days from February 6, 2009; 14 WHEREAS, in accordance with the PSLRA, Inter-Local asserts that motions to be appointed 15 lead plaintiff must be filed by April 7, 2009; 16 WHEREAS, pursuant to Civil L.R. 7-3 and this Court's Civil Standing Orders, May 15, 2009 17 is the earliest date possible for a hearing on motions for lead plaintiff; 18 WHEREAS, on February 9, 2009, this Court issued an Order setting a case management 19 conference for May 15, 2009 and requiring a joint case management conference statement to be filed 20 five court days prior; and 21 WHEREAS, the parties believe the May 15, 2009 case management conference should be 22 vacated and rescheduled to a date after the Court appoints a lead plaintiff. 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER VACATING CASE MANAGEMENT CONFERENCE SET FOR MAY 15, 2009 - 3:09-cv-00546-JSW -1- Case 3:09-cv-00546-JSW Document 9 Filed 03/20/2009 Page 3 of 6 1 IT IS THEREFORE STIPULATED AND AGREED by plaintiff and defendants, through 2 their respective counsel, that, subject to the Court's approval, the May 15, 2009 case management 3 conference shall be vacated and rescheduled following the completion of the lead plaintiff selection 4 process. 5 DATED: March 20, 2009 6 7 8 9 10 11 12 Attorneys for Plaintiff 13 DATED: March 20, 2009 14 15 16 17 18 19 20 21 22 DATED: March 20, 2009 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER VACATING CASE MANAGEMENT CONFERENCE SET FOR MAY 15, 2009 - 3:09-cv-00546-JSW COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP CHRISTOPHER P. SEEFER DANIEL J. PFEFFERBAUM /s/ CHRISTOPHER P. SEEFER 100 Pine Street, 26th Floor San Francisco, CA 94111 Telephone: 415/288-4545 415/288-4534 (fax) BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP ALAN R. PLUTZIK L. TIMOTHY FISHER /s/ ALAN R. PLUTZIK 2125 Oak Grove Road, Suite 120 Walnut Creek, CA 94598 Telephone: 925/945-0770 925/945-8792 (fax) Attorneys for Plaintiff Rodney Shipway COOLEY GODWARD KRONISH LLP WILLIAM S. FREEMAN /s/ WILLIAM S. FREEMAN -2- Case 3:09-cv-00546-JSW Document 9 Filed 03/20/2009 Page 4 of 6 1 2 3 4 5 6 DATED: March 20, 2009 7 8 9 10 11 12 13 14 15 16 I, Christopher P. Seefer, am the ECF User whose ID and password are being used to file 17 this Stipulation and [Proposed] Order Vacating Case Management Conference Set for May 15, 2009. In compliance with General Order 45, X.B., I hereby attest that Alan R. Plutzik, William 18 S. Freeman and Jerry L. Marks have concurred in this filing. 19 20 21 * 22 ORDER 23 PURSUANT TO STIPULATION, the May 15, 2009 case management conference shall be 24 vacated. The Case Management Conference will be reset after the lead plaintiff is selected. 25 IT IS SO ORDERED. 26 27 28 S:\casesSD\rigel Pharmaceuticals\sTP00057829.doc 5 Palo Alto Square 3000 El Camino Real Palo Alto, CA 94306-2155 Telephone: 650/843-5000 650/857-0663 (fax) Attorneys for Rigel Pharmaceuticals, Inc. and the Individual Defendants MILBANK, TWEED, HADLEY & MCCLOY LLP JERRY L. MARKS PAUL M. TORRES ELIZABETH R. KOENIG /s/ JERRY L. MARKS 601 South Figueroa Street, 30th Floor Los Angeles, CA 90017-5735 Telephone: 213/892-4000 213/629-5063 (fax) Attorneys for Defendants Credit Suisse Securities (USA) LLC, Thomas Weisel Partners, LLC, Oppenheimer & Co. Inc. and Jefferies & Company, Inc. /s/ CHRISTOPHER P. SEEFER * * March 23, 2009 DATED: _________________________ ____________________________________ THE HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE STIPULATION AND [PROPOSED] ORDER VACATING CASE MANAGEMENT CONFERENCE SET FOR MAY 15, 2009 - 3:09-cv-00546-JSW -3-

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