Applestein v. Medivation, Inc. et al

Filing 144

STIPULATION AND ORDER RE BRIEFING SCHEDULE AND CMC re (143 in 3:10-cv-00998-EMC) Stipulation, filed by Lynn Seely, David T. Hung, Medivation, Inc., C. Patrick Machado. Signed by Judge Edward M. Chen on 11/23/11. (bpf, COURT STAFF) (Filed on 11/23/2011)

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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
U. SETH OTTENSOSER ([e-mail])
MICHAEL S. BIGIN ([e-mail])
JOSEPH R. SEIDMAN, JR. ([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,
v.
MEDIVATION INC., DAVID T. HUNG, C.
PATRICK MACHADO, LYNN SEELY and
GREGORY BAILEY,

Case No. CV-10-0998 EMC
STIPULATION AND [PROPOSED] ORDER
PERMITTING LEAD PLAINTIFF TO FILE
THIRD AMENDED COMPLAINT, SETTING
BRIEFING SCHEDULE, AND POSTPONING
THE CASE MANAGEMENT CONFERENCE
CURRENTLY SET FOR DECEMBER 2, 2011

Defendants.

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STIPULATION AND [PROPOSED] ORDER RE TAC
AND POSTPONING CMC
CV-10-0998 EMC

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WHEREAS, the original complaint was filed in this action on March 9, 2010 under the
caption David Applestein et al. v. Medivation, Inc. et al., Case No. CV-10-0998.
WHEREAS, on April 7, 2011, the Court entered an Order appointing Catoosa Fund, LP as
Lead Plaintiff in this action.
WHEREAS, Lead Plaintiff filed a Consolidated and Amended Complaint (“CAC”) on May
9, 2011.

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WHEREAS, Defendants moved to dismiss the CAC on June 8, 2011; Lead Plaintiff filed an

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opposition to the motion on July 8, 2011; Defendants filed a reply in support of their motion on

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July 22, 2011, and the Court held a hearing on the motion on August 12, 2011.

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WHEREAS, on August 18, 2011, the Court entered an Order granting Defendants’ motion

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to dismiss the CAC without prejudice. The Order provided that Lead Plaintiff would have thirty

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days from the date of the Order to file a Second Amended Complaint (“SAC”) and Defendants

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would then have 30 days from the date of filing of the SAC in which to respond thereto.

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WHEREAS, the Court’s August 18 Order also scheduled a further status conference for

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December 2, 2011, at 9:00 a.m., and instructed the parties to file a joint status conference

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statement one week before the conference, or by November 23, 2011.

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WHEREAS, on September 15, 2011, Lead Plaintiff filed a motion for extension of time,
seeking an additional 45 days in which to file the SAC.
WHEREAS, the Court granted Lead Plaintiff’s motion on September 16, 2011 over
Defendants’ written objection.
WHEREAS, Lead Plaintiff filed the SAC on November 2, 2011, triggering a December 1,
2011 deadline in which for Defendants to respond.

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WHEREAS, on November 18, 2011, Lead Plaintiff filed a Motion for Leave To File a Third

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Amended Complaint and supporting memorandum, along with a copy of Lead Plaintiff’s

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proposed Third Consolidated and Amended Complaint (“TAC”), which was attached as an

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exhibit to the Declaration of U. Seth Ottensoser in Support of Lead Plaintiff’s Motion for Leave

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to File a Third Amended Complaint. The motion is currently scheduled to be heard on December

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23, 2011 at 1:30 p.m.
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STIPULATION AND [PROPOSED] ORDER RE TAC
AND POSTPONING CMC
CV-10-0998 EMC

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WHEREAS, the parties have met and conferred regarding Lead Plaintiff’s motion for leave

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to file the TAC and the pending status conference currently scheduled for December 2, 2011, and

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in the interests of efficiency and judicial economy, now wish to stipulate as follows.

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NOW THEREFORE, IT IS HEREBY STIPULATED

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action, by and through their respective counsel of record, that:

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1.

AND

AGREED between the parties in this

Pursuant to Federal Rule of Civil Procedure 15(a)(2), Defendants consent to Lead

Plaintiff filing the TAC. Lead Plaintiff shall file the TAC on or before November 28, 2011.
2.

Upon its filing, the TAC will be the operative complaint in this action. Defendants

will have no obligation to respond to the SAC.
3.

The December 23, 2011 hearing on Lead Plaintiff’s motion for leave to file the

TAC is hereby vacated.
4.

Defendants’ will move to dismiss or otherwise respond to the TAC on or before
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January 13, 2012. Lead Plaintiff will file any opposition thereto on or before February 13, 2012,
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and Defendants will file any reply in support of their motion on or before March 5, 2012.
5.

Defendants’ motion to dismiss the TAC will be heard by the Court on Friday,

March 16, 2012 at 1:30 p.m. or on such other date as may be convenient for the Court.
6.

The status conference currently scheduled in this matter for December 2, 2011 at

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9:00 a.m. will be postponed to March 16, 2012 at 1:30 p.m. to coincide with the hearing on the

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motion to dismiss the TAC, or to such other date and time as the Court may set for that hearing.

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The parties will file a joint status conference statement one week before the status conference.

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Dated: November 23, 2011

BERNSTEIN LIEBHARD LLP

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/s/
U. Seth Ottensoser (pro hac vice)
Lead Counsel for Lead Plaintiff and the
Proposed Class

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2.

STIPULATION AND [PROPOSED] ORDER RE TAC
AND POSTPONING CMC
CV-10-0998 EMC

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Dated: November 23, 2011

COOLEY LLP

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/s/
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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FILER’S ATTESTATION

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Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that

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all parties have concurred in the filing of this Stipulation and [Proposed] Order Permitting

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Plaintiff To File Its Third Amended Complaint, Setting a Briefing Schedule, and Postponing the

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Case Management Conference Currently Set for December 2, 2011.

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Dated: November 23, 2011

COOLEY LLP

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/s/
Angela L. Dunning

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

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M. Chen

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____________________________________
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HONORABLE EDWARD M. CHEN
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11/23
Dated: ____________, 2011

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(as modified in paragraph 4 above)

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IT IS SO ORDERED.

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3.

STIPULATION AND [PROPOSED] ORDER RE TAC
AND POSTPONING CMC
CV-10-0998 EMC