Gerber v. Roche Holding Ltd. et al

Filing 12

ORDER by Judge Whyte granting 7 Motion to Stay and vacating hearing date. (rmwlc3, COURT STAFF) (Filed on 5/19/2009)

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ORDER GRANTING MOTION TO STAY--No. C-09-00785 RMW TER

E-FILED on 5/19/09

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

JOEL A. GERBER, Individually and On Behalf of All Others Similarly Situated, Plaintiff, v. ROCHE HOLDING LTD and ROCHE INVESTMENTS USA INC., Defendants.

No. C-09-00785 RMW ORDER GRANTING MOTION TO STAY [Re Docket No. 7]

Plaintiff has moved to stay this action pending the decision by the Delaware Chancery Court to approve a global settlement in a consolidated action pending in the Court of Chancery of the State of Delaware, In re Genentech Shareholders Litigation, Inc. Case No. 3911-VCS, hearing on which is presently calendared for July 9, 2009. This motion may be determined without oral argument and the May 22, 2009 hearing date is vacated. For good cause appearing, the motion is granted. This action is hereby stayed pending final approval of the proposed settlement in the Delaware Action. Within 20 days following the Delaware Court's ruling on the motion for approval of settlement, plaintiff shall either submit a request for voluntary dismissal of this action or contact the court to arrange for the issuance of an amended Case Scheduling Order setting deadlines for the further progress of the case. DATED: 5/19/09

RONALD M. WHYTE United States District Judge

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Notice of this document has been electronically sent to: Counsel for Plaintiff: Andy Sohrn Lionel Z. Glancy Michael M. Goldberg Counsel for Defendants: [No appearance] [e-mail] [e-mail] [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program.

Dated:

5/19/09

TER Chambers of Judge Whyte

ORDER GRANTING MOTION TO STAY--No. C-09-00785 RMW TER 2