Mulligan v. Impax Laboratories, Inc., et al

Filing 109

STIPULATION AND ORDER re 107 Regarding Scheduling filed by Boilermaker-Blacksmith National Pension Trust. Case Management Statement due by 11/26/2014. Further Case Management Conference reset for 12/4/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 9/29/14. (bpf, COURT STAFF) (Filed on 9/29/2014)

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GOLD BENNETT CERA & SIDENER LLP
SOLOMON B. CERA (State Bar No. 99467)
THOMAS C. BRIGHT (State Bar No. 169713)
595 Market Street, Suite 2300
San Francisco, California 94105
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Liaison Counsel for Lead Plaintiff the Boilermaker-Blacksmith
National Pension Trust

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[Additional counsel listed on signature page]
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DENIS MULLIGAN, Individually and on
Behalf of All Others Similarly Situated,

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Plaintiff,
v.

Case No. 3:13-cv-01037-EMC
STIPULATION AND [PROPOSED]
ORDER REGARDING SCHEDULING

IMPAX LABORATORIES, INC., LARRY
HSU, and ARTHUR A. KOCH,

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Defendants.
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HAVERHILL RETIREMENT SYSTEM,
Individually and on Behalf of All Others
Similarly Situated,

Case No. 3:13-CV-01566-EMC

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Plaintiff,

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v.

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IMPAX LABORATORIES, INC., LARRY
HSU, and ARTHUR A. KOCH,

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Defendants.

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C OHEN M ILSTEIN
S ELLERS & T OLL
PLLC
ATTORNEYS AT LAW
WASHINGTON

STIPULATION AND [PROPOSED] ORDER REGARDING
SCHEDULING
CASE NUMBER: 13-cv-01037 EMC

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Lead Plaintiff Boilermaker Blacksmith National Pension Trust, by and through its

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respective counsel (“Lead Plaintiff”), and Defendants Impax Laboratories, Inc., Larry Hsu, and

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Arthur A. Koch, by and through their respective counsel, (collectively, “Defendants”) hereby

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stipulate to the following:

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WHEREAS, a case management conference is currently set for October 16, 2014 and the
parties’ case management statement is due on October 9, 2014 (Dkt. #105);
WHEREAS, on September 22, 2014, the parties engaged in a mediation and agreed to a
settlement-in-principle to resolve this action;
WHEREAS, this Stipulation and Order is without prejudice to, or waiver of, any rights,
arguments, or defenses otherwise available to the parties to this action; and

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WHEREAS, the parties believe that in order to avoid waste of judicial and the parties’

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resources, the case management conference and case management statement should be continued

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until further order of the Court and the action should be stayed while the Court considers whether

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to approve the proposed settlement.

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NOW THEREFORE, the undersigned parties, by and through their counsel of record,
stipulate and agree, subject to the Court’s approval, as follows:
1.

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continued until further order of the Court;
2.

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The case management conference currently scheduled for October 16, 2014 is

The deadline for the parties’ case management statement, currently set for
October 9, 2014, is continued until further order of the Court; and

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The deadlines contained in the May 29, 2014 Order are suspended until further

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order of the Court and the case is stayed in all respects except as to proceedings

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concerning the approval and implementation of the proposed settlement.

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C OHEN M ILSTEIN
S ELLERS & T OLL
PLLC
ATTORNEYS AT LAW
WASHINGTON

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STIPULATION AND [PROPOSED] ORDER REGARDING
SCHEDULING
CASE NUMBER: 13-cv-01037 EMC

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DATED: September 26, 2014

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GOLD BENNETT CERA & SIDENER LLP LATHAM & WATKINS LLP
By: /s/ Solomon B. Cera
Solomon B. Cera

By: Peter A. Wald
Peter A. Wald

Liaison Counsel for Lead Plaintiff the
Boilermaker Blacksmith National Pension
Trust

Peter A. Wald (Bar No. 85705)
Marcy C. Priedeman (Bar No. 258505)
505 Montgomery St., Suite 2000
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

COHEN MILSTEIN SELLERS
& TOLL PLLC
Steven J. Toll (admitted pro hac vice)
Daniel S. Sommers (admitted pro hac vice)
Joshua M. Kolsky (admitted pro hac vice)
1100 New York Avenue, N.W.
West Tower, Suite 500
Washington, D.C. 20005
Telephone: [phone]
Fax: [phone]
Christopher Lometti (admitted pro hac vice)
88 Pine Street, 14th Floor
New York, New York 10005
Telephone: [phone]
Facsimile: [phone]

and
Patrick E. Gibbs (Bar No. 183174)
140 Scott Drive
Menlo Park, California 94025-1008
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Defendants Impax Laboratories,
Inc., Larry Hsu, and Arthur A. Koch,

Counsel for Lead Plaintiff the Boilermaker
Blacksmith National Pension Trust

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND [PROPOSED] ORDER REGARDING
SCHEDULING
CASE NUMBER: 13-cv-01037 EMC

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S ELLERS & T OLL
PLLC
ATTORNEYS AT LAW
WASHINGTON

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PURSUANT TO STIPULATION, IT IS SO ORDERED. A further CMC is set for
December 4, 2014 at 10:30 a.m. An updated joint CMC Statement
shall be filed by November 26, 2014.
S DISTRICT
9/29/14
DATED:
TEM. Chen
C
Hon. Edward
TA
United States District Court Judge

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D IS T IC T
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OF

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STIPULATION AND [PROPOSED] ORDER REGARDING
SCHEDULING
CASE NUMBER: 13-cv-01037 EMC

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SIGNATURE ATTESTATION
I am the ECF User whose identification and password are being used to file the foregoing

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Stipulation and [Proposed] Order Regarding Scheduling. Pursuant to General Order No. 45,

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Section X(B) regarding signatures, I, Solomon B. Cera, attest that concurrence in the filing of

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this document has been obtained.

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DATED: September 26, 2014

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/s/ Solomon B. Cera___
Solomon B. Cera

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND [PROPOSED] ORDER REGARDING
SCHEDULING
CASE NUMBER: 13-cv-01037 EMC