Police and Fire Retirement System of the City of Detroit v. Crane et al

Filing 91

ORDER. Signed by Judge Chhabria on 2/3/2015. (vclc2, COURT STAFF) (Filed on 2/3/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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POLICE AND FIRE RETIREMENT
SYSTEM OF THE CITY OF DETROIT,
Plaintiff,

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REQUEST FOR FURTHER BRIEFING

v.
ROSEMARY A. CRANE, et al.,
Defendants.

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United States District Court
Northern District of California

Case No. 13-cv-00945-VC

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The Court invites the parties to file supplemental briefs that address the following
questions:
Paragraphs 54 and 55 of the TAC allege that Epocrates' practice before the IPO was to

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extend the terms of pharmaceutical customers' contracts in response to delays by the

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pharmaceutical companies in producing or approving DocAlerts. The TAC further alleges that,

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around the time of the IPO, Epocrates changed this practice and began convincing pharmaceutical

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companies to agree to cancel their contracts prematurely, to allow Epocrates to recognize revenue

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from the unused DocAlerts immediately upon cancellation. Was Epocrates required to disclose

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this change to the investing public, regardless of the content of the "replacement contracts" that

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were part of the alleged "repapering scheme?" If so, why, and under what authority?

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The plaintiff should file its supplemental brief, which should not exceed 10 double-spaced

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pages, by February 13, 2015, at 3:00 p.m. The defendant's response, of the same length, should be

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filed by February 20, 2015, at 3:00 p.m. The plaintiff may file a reply, not to exceed five pages,

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by 3:00 p.m. on February 27, 2015.

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The parties should limit their discussion to these questions and should not reargue any of
the other issues.

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IT IS SO ORDERED.
Dated: February 3, 2014
______________________________________
VINCE CHHABRIA
United States District Judge

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United States District Court
Northern District of California

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