Applestein v. Medivation, Inc. et al

Filing 121

STIPULATION AND ORDER RESETTING MOTION re 120 Stipulation filed by Lynn Seely, David T. Hung, Medivation, Inc., C. Patrick Machado. Signed by Judge Edward M. Chen on 6/17/11. (bpf, COURT STAFF) (Filed on 6/17/2011)

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LAW OFFICES OF BRIAN BARRY
Brian Barry (135631) ([e-mail])
1801 Avenue of the Stars, Suite 307
Los Angeles, CA 90067
Telephone:
[phone]
Facsimile:
[phone]

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Liaison Counsel for Lead Plaintiff and the Proposed Class
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BERNSTEIN LIEBHARD LLP
SANDY A. LIEBHARD ([e-mail])
U. SETH OTTENSOSER ([e-mail])
MICHAEL S. BIGIN ([e-mail])
JOSEPH R. SEIDMAN, JR. ([e-mail])
BRIAN LEHMAN ([e-mail])
10 East 40th Street, 22nd Floor
New York, NY 10016
Telephone:
[phone]
Facsimile:
[phone]

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Lead Counsel for Lead Plaintiff and the Proposed Class

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COOLEY LLP
JOHN C. DWYER (136533) ([e-mail])
ANGELA L. DUNNING (212047) ([e-mail])
JONATHAN MILES (268034) ([e-mail])
Five Palo Alto Square
3000 El Camino Real
Palo Alto, CA 94306-2155
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendants
MEDIVATION INC., DAVID T. HUNG,
C. PATRICK MACHADO and LYNN SEELY

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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DAVID APPLESTEIN, Individually and on
Behalf of All Others Similarly Situated,

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Plaintiff,

Case No. CV-10-0998 EMC
STIPULATED REQUEST FOR
ORDER CHANGING TIME ; ORDER

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v.
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MEDIVATION INC., DAVID T. HUNG, C.
PATRICK MACHADO, LYNN SEELY and
GREGORY BAILEY,

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Defendants.
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STIPULATION FOR EXTENSION OF TIME
CV-10-0998 EMC

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STIPULATED REQUEST FOR ORDER CHANGING TIME

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Please Take Notice that pursuant to Civil Local Rule 6-2, Lead Plaintiff and Defendants

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Medivation, Inc., David T. Hung, C. Patrick Machado, and Lynn Seely (“Defendants”) request an

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order changing time of deadlines fixed under Civil Local Rule 7-3.

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WHEREAS, Lead Plaintiff filed its Consolidated and Amended Class Action Complaint
on May 9, 2011;
WHEREAS, Defendants filed a motion to dismiss as well as a motion to take judicial
notice, on June 8, 2011;

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WHEREAS, Lead Plaintiff’s memoranda of law in opposition to Defendants’ motions to

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dismiss and for judicial notice (“Opposition Memoranda”) are due to be filed and served on June

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22, 2011 pursuant to Civil Local Rule 7-3(a);

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WHEREAS, Defendants’ memoranda of law in reply to Plaintiff’s Opposition

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Memoranda (“Reply Memoranda”) are due to be filed and served on June 29, 2011 pursuant to

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Civil Local Rule 7-3(c);

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WHEREAS hearing on the above-referenced matter before this Court is currently noticed
for July 15, 2011;

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WHEREAS discovery and other proceedings are stayed while the motion to dismiss is

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pending pursuant to the Private Securities Litigation Reform Act Section 27(b)(1) and there is

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currently no scheduling order for this action;

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WHEREAS on June 15, 2011, Lead Plaintiff Filed a Motion For an Enlargement of Time

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to File its Memoranda of Law in Opposition to Defendants’ Motions to Dismiss and for Judicial

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Notice, and Defendants do not oppose this motion;

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WHEREAS there have been no prior requests for an extension of time by either party;

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WHEREAS the parties have conferred and agree upon the dates set forth in the Stipulated

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Request for Order Changing Time.

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IT IS SO STIPULATED:

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1.

Plaintiff's Opposition Memorandum shall be filed on or before July 8, 2011;

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2.

Defendants Reply Memorandum shall be filed on or before July 22, 2011;
1.

STIPULATION FOR EXTENSION OF TIME
CV-10-0998 EMC

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3.

The hearing on this matter shall be held on August 12, 2011 at 1:30 p.m. or on
such other date as may be convenient for the court.

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Respectfully submitted,

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Dated: June 16, 2011

BERNSTEIN LIEBHARD LLP

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/s/ U. Seth Ottensoser
U. Seth Ottensoser

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Lead Counsel for Lead Plaintiff and the Proposed
Class

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Dated: June 16, 2011

LAW OFFICES OF BRIAN BARRY

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/s/ Brian Barry
Brian Barry

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Liaison Counsel for Lead Plaintiff and the
Proposed Class

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Dated: June 16, 2011

COOLEY LLP

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/s/ Angela L. Dunning
Angela L. Dunning (212047)

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Attorneys for Defendants
MEDIVATION INC., DAVID T. HUNG,
C. PATRICK MACHADO and LYNN SEELY

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UNITED STATES DISTRICT JUDGE

NO

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DERED
SO ORM. CHEN
HON. IS
IT EDWARD

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6/17
DATED: _____________ 2011

UNIT
ED

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IT IS SO ORDERED.

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D I S T I CTIPULATION FOR EXTENSION OF TIME
R ST
CV-10-0998 EMC

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FILER’S ATTESTATION
Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that
all parties have concurred in the filing of this Stipulation for Extension of Time.

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COOLEY LLP
Dated: June 16, 2011

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/s/ Angela L. Dunning
Angela L. Dunning (212047)

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Attorneys for Defendants
MEDIVATION INC., DAVID T. HUNG,
C. PATRICK MACHADO and LYNN SEELY

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949105 v1/HN

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3.

STIPULATION FOR EXTENSION OF TIME
CV-10-0998 EMC