Mulligan v. Impax Laboratories, Inc., et al

Filing 79

STIPULATION AND ORDER re 77 STIPULATION WITH PROPOSED ORDER Regarding Date of Motion Hearing for Defendants' Motion to Dismiss and Initial Case Management Conference filed by Larry Hsu, Impax Laboratories, Inc.,, Arthur A. Koc h, Set/Reset Deadlines as to 77 STIPULATION WITH PROPOSED ORDER Regarding Date of Motion Hearing for Defendants' Motion to Dismiss and Initial Case Management Conference, 66 MOTION to Dismiss Notice of Motion and Motion to D ismiss Plaintiffs' Consolidated Class Action Complaint; Memorandum of Points and Authoriites in Support of Defendants' Motion to Dismiss Consolidated Class Action Complaint. Motion Hearing set for 3/13/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Case Management Statement due by 3/6/2014. Case Management Conference set for 3/13/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 2/20/14. (bpf, COURT STAFF) (Filed on 2/20/2014)

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

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

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Attorneys for Defendants
IMPAX LABORATORIES, INC., LARRY HSU and
ARTHUR A. KOCH

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

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

Case No.: 13-cv-01037-EMC
STIPULATED REQUEST AND
[PROPOSED] ORDER REGARDING DATE
OF MOTION HEARING FOR
DEFENDANTS’ MOTION TO DISMISS
AND INITIAL CASE MANAGEMENT
CONFERENCE
Judge:

Honorable Edward Chen

Defendants.

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(caption continued on next page)

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ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATED REQUEST AND [PROPOSED] ORDER
CASE NUMBER: 13-cv-01037 EMC

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

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Plaintiff,

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Case No.: 13-cv-01566-EMC

vs.

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

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Defendants.
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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATED REQUEST AND [PROPOSED] ORDER
CASE NUMBER: 13-cv-01037 EMC

STIPULATED REQUEST AND [PROPOSED] ORDER

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Defendants Impax Laboratories, Inc., Larry Hsu, and Arthur A. Koch, by and through

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their respective counsel, (collectively, “Defendants”), and Lead Plaintiff Boilermaker Blacksmith

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National Pension Trust, by and through its respective counsel (“Lead Plaintiff”), hereby stipulate

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to the following:
WHEREAS, on March 7, 2013, Plaintiff Denis Mulligan, individually and on behalf of

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all others similarly situated, filed a complaint captioned Denis Mulligan v. Impax Laboratories,

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Inc. et al., No. 13-cv-01037, a putative class action under the Private Securities Litigation

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Reform Act of 1995 (the “PSLRA”) alleging securities fraud (the “Mulligan matter”);
WHEREAS, pursuant to the March 7, 2013 Case Management Conference Order, the

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Initial Case Management Conference for the Mulligan matter was initially scheduled for June 6,

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2013;

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WHEREAS, on April 8, 2013, Plaintiff Haverhill Retirement Center, individually and on

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behalf of all others similarly situated, filed a complaint captioned Haverhill Retirement System v.

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Impax Laboratories, Inc. et al., No. 13-cv-01566, also a putative class action under the PSLRA

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alleging securities fraud (the “Haverhill matter”).
WHEREAS, pursuant to the April 8, 2013 Case Management Conference Order, the

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Initial Case Management Conference for the Haverhill matter was initially scheduled for July 12,

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2013;

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WHEREAS, on April 19, 2013, and April 22, 2013, Plaintiffs Haverhill and Mulligan,

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respectively, stipulated with Defendants to continue the Initial Case Management Conferences in

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their respective matters until after the Defendants filed an answer, which would follow any

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ruling on Defendants’ motion to dismiss (the Mulligan matter, Dkt. #15 ¶ 9; the Haverhill

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matter, Dkt. #16 ¶ 9);

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WHEREAS, pursuant to those stipulations, on April 25, 2013, the Court reset the

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respective Initial Case Management Conferences for November 7, 2013 (the Mulligan matter,

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Dkt. #15; the Haverhill matter, Dkt. #16);

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ATTORNEYS AT LAW
SAN FRANCISCO

WHEREAS, on July 2, 2013, the Court consolidated the Mulligan and Haverhill matters
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STIPULATED REQUEST AND [PROPOSED] ORDER
CASE NUMBER: 13-cv-01037 EMC

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and appointed Boilermaker Blacksmith National Pension Trust as Lead Plaintiff (Dkt. #53);
WHEREAS on August 28, 2013, the Court scheduled a Motion Hearing on Defendants’

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Motion to Dismiss for February 20, 2014, at 1:30 p.m. (Dkt. #62);
WHEREAS, on September 18, 2013, Lead Plaintiff and Defendants stipulated to continue

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the Initial Case Management Conferences until after Defendants’ Motion to Dismiss has been

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adjudicated (Dkt. #64);
WHEREAS, pursuant to the September 18, 2013 stipulation, on September 20, 2013, the

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Court reset the Initial Case Management Conference for February 20, 2014 (Dkt. #65);
WHEREAS, on February 12, 2014, the Court reset the Motion to Dismiss Hearing and

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Initial Case Management Conference for March 6, 2014 (Dkt. #76);

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WHEREAS counsel for Defendants has a scheduling conflict on March 6, 2014;

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WHEREAS the parties agreed that March 13, 2014, at 1:30 p.m. is a mutually convenient

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date for the Motion Hearing;
WHEREAS, in order to avoid the unnecessary expenditure of the Court’s and parties’

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resources prior to the ruling on Defendants’ Motion to Dismiss, the parties agree to continue the

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Initial Case Management Conference until after Defendants’ Motion to Dismiss has been

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adjudicated; and
WHEREAS, this Stipulation and Order is without prejudice to, or waiver of, any rights,

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arguments, or defenses otherwise available to the parties to this action.
NOW THEREFORE, the undersigned parties, by and through their counsel of record,

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stipulate and agree, subject to the Court’s approval, as follows:
1.

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The Motion Hearing set for March 6, 2014, at 1:30 p.m. shall be continued to

March 13, 2014, at 1:30 p.m.; and
2.

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The Initial Case Management Conference, currently scheduled for March 6, 2014,

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is continued to a date and time to be determined after the Court rules on Defendants’ motion to

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dismiss.

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//

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//

ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATED REQUEST AND [PROPOSED] ORDER
CASE NUMBER: 13-cv-01037 EMC

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IT IS SO STIPULATED.

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DATED: February 14, 2014.

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GOLD BENNETT CERA & SIDENER LLP

LATHAM & WATKINS LLP

By: /s/ Solomon B. Cera
Solomon B. Cera

By: /s/ Peter A. Wald
Peter A. Wald

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

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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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]

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

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

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

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

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATED REQUEST AND [PROPOSED] ORDER
CASE NUMBER: 13-cv-01037 EMC

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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. Chen

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udge Ed

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IT IS

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Hon. Edward M. ChenED
DER
United States District Court Judge
SO OR

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DATED:

UNIT
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2/20/14

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATED REQUEST AND [PROPOSED] ORDER
CASE NUMBER: 13-cv-01037 EMC

SIGNATURE ATTESTATION

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

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Stipulation and [Proposed] Order. Pursuant to General Order No. 45, Section X(B) regarding

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signatures, I, Peter A. Wald, attest that concurrence in the filing of this document has been

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obtained.

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DATED: FEBRUARY 14, 2014

__/s/ Peter A. Wald___________________
Peter A. Wald (Bar No. 85705)

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATED REQUEST AND [PROPOSED] ORDER
CASE NUMBER: 13-cv-01037 EMC