Bartelt v. Affymax, Inc. et al

Filing 63

STIPULATION AND ORDER CONTINUING THE CASE MANAGEMENT CONFERENCE re 62 STIPULATION. Case Management Conference is hereby taken off-calendar, to be rescheduled, if necessary, following the lifting of the discovery stay. No Case Management Statement is currently due. Signed by Judge William H. Orrick on 12/24/2013. (jmdS, COURT STAFF) (Filed on 12/24/2013)

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COOLEY LLP
JOHN C. DWYER (136533)
([e-mail])
JEFFREY M. KABAN (235743)
([e-mail])
RITESH K. SRIVASTAVA (246477)
([e-mail])
JACQUELINE B. KORT (284370)
([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
AFFYMAX, INC., JOHN A. ORWIN, HERBERT C. CROSS,
ANNE-MARIE DULIEGE, AND JEFFREY H. KNAPP

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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TRICIA M. BARTELT, Individually and on
Behalf of All Others Similarly Situated,

Case No. 3:13-cv-01025-WHO

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CLASS ACTION
Plaintiff,

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STIPULATION AND ORDER CONTINUING
THE CASE MANAGEMENT CONFERENCE

v.
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AFFYMAX, INC., JOHN A. ORWIN,
HERBERT C. CROSS, ANNE-MARIE
DULIEGE, JEFFREY H. KNAPP

Date:
Time:
Courtroom:
Judge:

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January 15, 2014
2:00 p.m.
2.
Hon. William H. Orrick

Defendants.
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Plaintiffs and the Defendants in this action hereby stipulate as follows:

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WHEREAS, on May 17, 2013, the Court issued an order setting forth the schedule for the

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filing of a consolidated amended complaint in this case and any responses thereto (Dkt. 37);

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WHEREAS, pursuant to the Court’s order setting the schedule (Dkt. 37), Plaintiffs filed a

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Consolidated Amended Class Action Complaint (“Consolidated Amended Complaint”) on July

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22, 2013; Defendants filed a Motion to Dismiss the Consolidated Amended Complaint (“Motion

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to Dismiss”) on September 20, 2013; Plaintiffs filed an Opposition to the Motion to Dismiss on

COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

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STIP. TO CONTINUE CMC
3:13-CV-01025-WHO

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November 19, 2013; and Defendants filed a Reply in Support of the Motion to Dismiss on

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December 19, 2013;
WHEREAS, the hearing on Defendants’ Motion to Dismiss is scheduled for January 15,

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2014;

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WHEREAS, on December 3, 2013, the Court set a Case Management Conference to be

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conducted on January 15, 2014, immediately following the motions hearing and the Court also

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ordered the parties to submit a Case Management Statement by January 8, 2014 (Dkt. 57);

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WHEREAS, this matter is a class action under the federal securities laws and subject to
the Private Securities Litigation Reform Act of 1995 (PSLRA);
WHEREAS, pursuant to the PSLRA, all discovery in this case is stayed until the Court
rules on the sufficiency of the Consolidated Amended Complaint (15 U.S.C. §78u-4(b)(3)(B));

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WHEREAS, the parties agree and respectfully submit that a case management conference

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would be premature and not benefit the Court or the parties at this time because discovery is

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stayed and Defendants’ Motion to Dismiss is pending;

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NOW, THEREFORE, the parties jointly request that the Court take the Case

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Management Conference off calendar and that it be rescheduled, if necessary, after the discovery

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stay is lifted, and further, the Case Management Statement due on January 8, 2014 be deferred

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until one week prior to any Case Management Conference that may be scheduled.

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IT IS SO STIPULATED.

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Dated: December 23, 2014

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POMERANTZ GROSSMAN HUFFORD
DAHLSTROM & GROSS LLP

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By: /s/ Patrick V. Dahlstrom

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Patrick V. Dahlstrom
Leigh Handelman Smollar
Mark. B. Goldstein
Ten South LaSalle Street, Suite 3505
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: [phone]

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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

2.

STIP. TO CONTINUE CMC
3:13-CV-01025-WHO

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Marc I. Gross
Jeremy A. Lieberman
Lesley F. Portnoy
600 Third Avenue, 20th Floor
New York, New York 10016
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Lead Counsel for Lead Plaintiff

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Dated: December 23, 2013
COOLEY LLP

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By: /s/ Jeffrey M. Kaban

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Jeffrey M. Kaban (235743)
5 Palo Alto Square
3000 El Camino Real
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Counsel for Defendants Affymax, Inc., John A.
Orwin, Herbert C. Cross, Anne-Marie Duliege, and
Jeffrey H. Knapp

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ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1(i)(3)
Pursuant to Civil Local Rule 5-1(i)(3), I, Jeffrey M. Kaban, attest that concurrence in the

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filing of this document has been obtained from each of the other signatories.

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Dated: December 23, 2013

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/s/ Jeffrey M. Kaban
Jeffrey M. Kaban

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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

3.

STIP. TO CONTINUE CMC
3:13-CV-01025-WHO

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ORDER

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Pursuant to the stipulation of the parties, the January 15, 2014, Case Management

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Conference is hereby taken off-calendar, to be rescheduled, if necessary, following the lifting of

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the discovery stay. No Case Management Statement is currently due.

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IT IS SO ORDERED.

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Dated: December 24, 2013
_________________________________
Honorable Hon. William H. Orrick
United States District Judge
Northern District of California

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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

4.

STIP. TO CONTINUE CMC
3:13-CV-01025-WHO