Brown v. Moll et al

Filing 35

ORDER continuing cmc to 7/23/10 (tf, COURT STAFF) (Filed on 6/16/2010)

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BINGHAM MCCUTCHEN LLP David M. Balabanian (SBN 37368) [e-mail] Charlene S. Shimada (SBN 91407) [e-mail] John D. Pernick (SBN 155468) [e-mail] Lucy Wang (SBN 257771) [e-mail] Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Attorneys for Defendants Frederic H. Moll, Steven M. Van Dick, Gary C. Restani, John G. Freund, James M. Shapiro, Christopher P. Lowe, Thomas C. McConnell, Russell C. Hirsch, Joseph M. Mandato, Kevin Hykes and Nominal Defendant Hansen Medical, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

MICHAEL BROWN, Derivatively on Behalf of HANSEN MEDICAL, INC., Plaintiff, v. FREDERIC H. MOLL, STEVEN M. VAN DICK, GARY C. RESTANI, JOHN G. FREUND, JAMES M. SHAPIRO, CHRISTOPHER P. LOWE, THOMAS C. MCCONNELL, RUSSELL C. HIRSCH, JOSEPH M. MANDATO, KEVIN HYKES, CHRISTOPHER SELLS, and DOES 1-25, inclusive., Defendants. v. HANSEN MEDICAL, INC., a Delaware corporation, Nominal Defendant.

No. CV 09 05881 SI STIPULATION AND [PROPOSED] ORDER RE MOTION TO DISMISS AND EXTENDING DATE FOR CASE MANAGEMENT CONFERENCE Current CMC Date: June 25, 2010 Proposed CMC Date: July 23, 2010 Before: Hon. Susan Illston

STIPULATION AND [PROPOSED] ORDER RE MOTION TO DISMISS AND EXTENDING DATE FOR CMC CASE NO. CV 09 5881 SI

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WHEREAS, in accordance with the parties' stipulation of April 21, 2010, Defendants response to the Complaint in this action is due on June 11, 2010 and Defendants intend to file a Motion to Dismiss on that date. WHEREAS, the first available hearing date for Defendants' Motion to Dismiss on which counsel for all parties are available is July 23, 2010. WHEREAS, the parties have agreed to set the hearing on Defendants' Motion to Dismiss for July 23, 2010, and have agreed to a briefing schedule for the Opposition and Reply Briefs on the Motion to Dismiss. WHEREAS, a Case Management Conference ("CMC") for the above-captioned case is currently scheduled for June 25, 2010 at 2:30 p.m.; WHEREAS on June 7, 2010, Defendants filed a Stipulation and [Proposed] Order Extending the Date for the CMC to July 9, 2010. WHEREAS the parties agree that in order to avoid unnecessary legal expenses and in the interests of justice and judicial economy, the CMC shall coincide with the hearing date for Defendants' Motion to Dismiss. THEREFORE the parties, by and through their undersigned counsel of record, hereby agree and stipulate to the following: 1. Plaintiff's Opposition to Defendants' Motion to Dismiss shall be filed on or before June 29, 2010 and Defendants shall file any Reply on or before July 9, 2010; 2. The hearing on Defendants' Motion to Dismiss shall be set for July 23, 2010 at 9:00 a.m. or as soon thereafter as the matter may be heard; 3. The CMC, currently scheduled for June 25, 2010, which the parties previously asked to be continued to July 9, 2010, shall be continued to July 23, 2010 at 9:00 a.m., or as soon as available thereafter, to correspond with the hearing on Defendants' Motion to Dismiss. The deadlines for associated pre-conference filings, including the Case Management Statement, Rule 26(f) Report and Initial Disclosures, set forth in the Court's Order Setting Initial Case Management Conference and ADR Deadlines, shall be continued accordingly.
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STIPULATION AND [PROPOSED] ORDER RE MOTION TO DISMISS AND EXTENDING DATE FOR CMC CASE NO. CV 09 5881 SI

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The Parties respectfully request that the Court enter an Order approving this Stipulation. DATED: June 10, 2010 BINGHAM MCCUTCHEN LLP David M. Balabanian Charlene S. Shimada John D. Pernick Lucy Wang Three Embarcadero Center San Francisco, CA 94111 Telephone: [phone] Facsimile: 415.393.2286 By: /s/ Charlene S. Shimada Charlene S. Shimada

Attorneys for Defendants Frederic H. Moll, Steven M. Van Dick, Gary C. Restani, John G. Freund, James M. Shapiro, Christopher P. Lowe, Thomas C. McConnell, Russell C. Hirsch, Joseph M. Mandato, Kevin Hykes and Nominal Defendant Hansen Medical, Inc. DATED: June 10, 2010 HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN Sarah A. Good Three Embarcadero Center, Seventh Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: 415.217.5910 By: /s/ Sarah A. Good Sarah A. Good

Attorneys for Defendant Christopher Sells DATED: June 11, 2010 JOHNSON BOTTINI, LLP Frank J. Johnson 501 West Broadway, Suite 1720 San Diego, CA 92101 Telephone: [phone] Facsimile: 619.238.0622 By: /s/ Frank J. Johnson Frank J. Johnson

Attorneys for Plaintiff Michael Brown, Derivatively On Behalf Of Hansen Medical, Inc.
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STIPULATION AND [PROPOSED] ORDER RE MOTION TO DISMISS AND EXTENDING DATE FOR CMC CASE NO. CV 09 5881 SI

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[PROPOSED] ORDER Based on the above stipulation of the Parties and for good cause appearing therefore, IT IS SO ORDERED.

DATED: __________________, 2010

Hon. Susan Illston United States District Judge

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STIPULATION AND [PROPOSED] ORDER RE MOTION TO DISMISS AND EXTENDING DATE FOR CMC CASE NO. CV 09 5881 SI

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ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Charlene S. Shimada, attest that concurrence in the filing of this document has been obtained from any signatories indicated by a "conformed" signature (/s/) within this e-filed document. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 11th day of June, 2010, at San Francisco, California. BINGHAM MCCUTCHEN LLP

By:

/s/ Charlene S. Shimada Charlene S. Shimada

Attorneys for Defendants Frederic H. Moll, Steven M. Van Dick, Gary C. Restani, John G. Freund, James M. Shapiro, Christopher P. Lowe, Thomas C. McConnell, Russell C. Hirsch, Joseph M. Mandato, Kevin Hykes and Nominal Defendant Hansen Medical, Inc.

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STIPULATION AND [PROPOSED] ORDER RE MOTION TO DISMISS AND EXTENDING DATE FOR CMC CASE NO. CV 09 5881 SI

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CERTIFICATE OF MAILING I hereby certify that on June 11, 2010, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the CM/ECF registrants on record.

By:

/s/ Diane R. Imai Diane R. Imai

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STIPULATION AND [PROPOSED] ORDER RE MOTION TO DISMISS AND EXTENDING DATE FOR CMC CASE NO. CV 09 5881 SI