Bartelt v. Affymax, Inc. et al

Filing 73

ORDER extending stay re 72 Status Report. Signed by Judge William H. Orrick on 06/23/2014. (jmdS, COURT STAFF) (Filed on 6/23/2014)

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COOLEY LLP
JOHN C. DWYER (136533)
([e-mail])
JEFFREY M. KABAN (235743)
([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,

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

Plaintiff,
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JOINT STATUS UPDATE REGARDING
SETTLEMENT NEGOTIATIONS AND
ORDER EXTENDING THE STAY

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

Filed:
Judge:

February 27, 2013
Hon. William H. Orrick

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Defendants.
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COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO

JOINT STATUS UPDATE RE SETTLEMENT
3:13-CV-01025-WHO

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Pursuant to the Court’s order on May 22, 2014 (Doc. 71), Plaintiffs and Defendants in the

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above-captioned action, provide the following Joint Status Update Regarding Settlement

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Negotiations and hereby request that the stay be extended to July 3, 2014:

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On May 8, 2014, Defendants participated in mediation with Plaintiffs in the above-

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captioned action (collectively, the “Parties”). At the mediation, the Parties agreed to the terms of

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a settlement of the above-captioned action.

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The Parties are in the process of documenting the settlement. The Parties are working
diligently to file a motion for preliminary approval of the settlement on or before July 3, 2014.
The Parties request that the litigation remain stayed until July 3, 2014 to allow the Parties
to document the settlement agreement and file a motion for preliminary approval.

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Dated: June 20, 2014

COOLEY LLP

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/s/ Jeffrey M. Kaban
JEFFREY M. KABAN (235743)

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ATTORNEYS FOR DEFENDANTS
AFFYMAX, INC., JOHN ORWIN, HERBERT
CROSS, ANNE-MARIE DULIEGE, AND
JEFFREY H. KNAPP

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Dated: June 20, 2014

POMERANTZ GROSSMAN HUFFORD
DAHLSTROM & GROSS LLP

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/s/ Leigh Handelman Smollar
LEIGH HANDELMAN SMOLLAR (pro hac
vice)
ATTORNEYS FOR LEAD PLAINTIFF AND
THE CLASS

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COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO

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JOINT STATUS UPDATE RE SETTLEMENT
3:13-CV-01025-WHO

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ATTESTATION PURSUANT TO CIVL LOCAL RULE 5-1(I)(3)
Pursuant to Civil Local Rule 5-1(i)(3), I, Jeffrey M. Kaban, attest that concurrence in the
filing of this document has been obtained from each of the other signatories.

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Dated: June 20, 2014

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/s/ Jeffrey M. Kaban
JEFFREY M. KABAN (235743)

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ORDER

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Pursuant to the Joint Status Update Regarding Settlement Negotiations, the Court hereby

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extends the stay in the Consolidated Action to July 3, 2014 to allow the Parties time to document

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the settlement and file a motion for preliminary approval. If the motion for preliminary approval

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is not on file on or before July 3, 2014, the Parties will submit a further Joint Status Update

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Regarding Settlement Negotiations and a schedule for Plaintiffs to file their Amended Complaint

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and a briefing schedule for Defendants’ motion to dismiss.

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IT IS SO ORDERED.

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Dated: June 23, 2014

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_________________________________
Honorable Hon. William H. Orrick
United States District Judge
Northern District of California

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COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO

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JOINT STATUS UPDATE RE SETTLEMENT
3:13-CV-01025-WHO