Applestein v. Medivation, Inc. et al

Filing 136

ORDER by Judge Edward M. Chen granting 132 Lead Plaintiff's Motion for Extension of Time (emclc1, COURT STAFF) (Filed on 9/16/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID APPLESTEIN, et al.,

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Plaintiffs,
v.

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For the Northern District of California

United States District Court

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MEDIVATION, INC., et al.,

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No. C-10-0998 EMC
ORDER GRANTING LEAD
PLAINTIFF’S MOTION FOR
EXTENSION OF TIME

Defendants.
___________________________________/

(Docket No. 132)

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Lead Plaintiff has asked for an extension of forty-five days to file its second amended

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complaint. Defendants have opposed an extension of any kind. Having considered the parties’

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briefs and accompanying submissions, the Court hereby GRANTS Lead Plaintiff’s motion.

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As a preliminary matter, the Court notes that its calendar is not directly impacted by Lead

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Plaintiff’s request. Thus, the fact that the request was not made fourteen days before the deadline

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for the filing of the amended complaint is inconsequential. See Civ. L.R. 6-1(b). As for Defendants’

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other arguments, while they are not without any merit, the Court is not persuaded that they justify a

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denial of Plaintiff’s motion. Obtaining information from Russia could well take more than thirty

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days. Moreover, the prejudice is fairly obvious, even if not stated outright: Lead Plaintiff would not

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be able to plead allegations to cure the deficiencies identified by the Court and thus there would be a

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dismissal with prejudice.

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Accordingly, Lead Plaintiff’s request for a forty-five-day extension is granted..

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This order disposes of Docket No. 132

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IT IS SO ORDERED.
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Dated: September 16, 2011

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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