Mulligan v. Impax Laboratories, Inc., et al

Filing 62

STIPULATION AND ORDER re 61 STIPULATION WITH PROPOSED ORDER re 56 Stipulation and Order,, Set Motion and Deadlines/Hearings, Regarding Pretrial Scheduling filed by Boilermaker-Blacksmith National Pension Trust, Set/Reset Deadli nes as to 61 STIPULATION WITH PROPOSED ORDER re 56 Stipulation and Order,, Set Motion and Deadlines/Hearings, Regarding Pretrial Scheduling. Responses due by 12/30/2013. Replies due by 1/31/2014. Motion Hearing set for 2/20/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 8/28/13. (bpf, COURT STAFF) (Filed on 8/28/2013)

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

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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

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Plaintiff,

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v.

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IMPAX LABORATORIES, INC., LARRY
HSU, ARTHUR A. KOCH and BRYAN M.
REASONS,

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

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Defendants.

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

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

Plaintiff,

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v.

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IMPAX LABORATORIES, INC., LARRY
HSU, ARTHUR A. KOCH, and BRYAN M.
REASONS,

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Defendants.

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C OHEN , M ILSTEIN ,
S ELLERS & T OLL
P.L.L.C.
ATTORNEYS AT LAW

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

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WHEREAS, by Order dated July 2, 2013, the Court consolidated the above-captioned

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actions, appointed the Boilermaker Blacksmith National Pension Trust as Lead Plaintiff, and

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approved Cohen Milstein Sellers & Toll PLLC as Lead Counsel, and Gold Bennett Cera &

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Sidener LLP as liaison counsel;

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WHEREAS, by Order dated July 15, 2013, the Court set September 3, 2013 as the

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deadline for Lead Plaintiff to file a Consolidated Class Action Complaint (the “Consolidated

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Complaint”); set deadlines for Defendants to answer, move to dismiss, or otherwise respond to

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the Consolidated Complaint; and set the dates for briefing any such motion to dismiss (ECF

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No. 56);

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WHEREAS, the Court has not previously modified the deadlines set on July 15, 2013;

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WHEREAS, Lead Plaintiff has worked earnestly to meet the existing deadline but

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scheduling issues have required that a brief ten-day modification of the schedule be sought;
WHEREAS, Lead Plaintiff and Defendants Impax Laboratories, Inc., Larry Hsu, Arthur

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A. Koch, and Bryan M. Reasons (“Defendants”), through their respective counsel, have conferred

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and agreed to extend the date for Lead Plaintiff to file the Consolidated Complaint by ten days;

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WHEREAS, Lead Plaintiff and Defendants, through their respective counsel, have further

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agreed to extend by ten days the dates for Defendants to answer, move to dismiss, or otherwise

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respond to the Consolidated Complaint, and the dates for briefing any such motion to dismiss;

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WHEREAS, the proposed time modifications would have no effect on the schedule for the
case other than as described below;
Accordingly, IT IS HEREBY STIPULATED AND AGREED, by the parties, through
their undersigned counsel, subject to Court approval as follows:

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1.

Lead Plaintiff shall file its Consolidated Complaint by September 13, 2013.

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2.

Defendants shall file their answers or motions to dismiss the Consolidated

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Complaint on or before November 14, 2013.
3.

Lead Plaintiff shall file its opposition to any motion to dismiss on or before

December 30, 2013.

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C OHEN , M ILSTEIN ,
S ELLERS & T OLL
P.L.L.C.
ATTORNEYS AT LAW

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

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4.

Defendants shall file any replies in support of their motion(s) to dismiss on

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or before January 31, 2014.

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Dated: August 27, 2013
GOLD BENNETT CERA & SIDENER LLP

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/s/ Solomon B. Cera
Solomon B. Cera

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Counsel for the Boilermaker Blacksmith National
Pension Trust and Liaison Counsel for the Class

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COHEN MILSTEIN SELLERS
& TOLL PLLC

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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]

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Christopher Lometti (admitted pro hac vice)
88 Pine Street, 14th Floor
New York, New York 10005
Telephone: [phone]
Facsimile: [phone]

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Counsel for the Boilermaker Blacksmith National
Pension Trust and Lead Counsel for the Class

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LATHAM & WATKINS LLP

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/s/Peter A. Wald

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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]

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and

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

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

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Patrick E. Gibbs (Bar No. 183174)
140 Scott Drive
Menlo Park, California 94025-1008
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Counsel for Defendants Impax Laboratories,
Inc., Larry Hsu, Arthur A. Koch, and Bryan M.
Reasons

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

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

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PURSUANT TO STIPULATION, IT IS SO ORDERED. Motion to be heard on 2/20/14
at 1:30 p.m.

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DISTRI

UNIT
ED

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ER

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dward
Judge E

Counsel for Boilermaker Blacksmith National
Pension Trust and Liaison Counsel for the Class
- and –
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]
Counsel for the Boilermaker Blacksmith
National Pension Trust and Lead Counsel for
the Class

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

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

R NIA

Solomon B. Cera (State Bar No. 99467)
GOLD BENNETT CERA & SIDENER LLP
595 Market Street, Suite 2300
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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M. Che

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DERED
SO OR ED
IT IS
DIFI
AS MO

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Submitted by:

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_____________________________
C
AT
Honorable Edward M. Chen
T
United States District Judge

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Dated: August ___, 2013

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[PROPOSED] ORDER

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