Mulligan v. Impax Laboratories, Inc., et al

Filing 94

STIPULATION AND ORDER Case Management Statement due by 5/22/2014. Case Management Conference set for 5/29/2014 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 4/22/14. (bpf, COURT STAFF) (Filed on 4/22/2014)

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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]
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
NORTHERN DISTRICT OF CALIFORNIA

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

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

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

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(Caption continued on next page)
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STIPULATION AND [PROPOSED] ORDER REGARDING
SCHEDULING
Consolidated Case No. 3:13-cv-01037-EMC

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

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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.
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

STIPULATED REQUEST AND [PROPOSED] ORDER
Lead Plaintiff Boilermaker Blacksmith National Pension Trust, by and through its
respective counsel (“Lead Plaintiff”), and Defendants Impax Laboratories, Inc., Larry Hsu, and
Arthur A. Koch, by and through their respective counsel, (collectively, “Defendants”) hereby
stipulate to the following:
WHEREAS, on July 2, 2013, the Court consolidated the Mulligan and Haverhill matters
and appointed Boilermaker Blacksmith National Pension Trust as Lead Plaintiff (Dkt. #53);
WHEREAS, on September 18, 2013, Lead Plaintiff and Defendants stipulated to
continue, and the Court reset, the Initial Case Management Conferences until after Defendants’
Motion to Dismiss has been adjudicated (Dkt. #64, #65);
WHEREAS, on February 12, 2014, the Court continued the Motion to Dismiss Hearing
and Initial Case Management Conference for March 6, 2014 (Dkt. #76);
WHEREAS, counsel for Defendants had a scheduling conflict on March 6, 2014 so
counsel for Lead Plaintiff and counsel for Defendants filed a Stipulation and Proposed Order and
the Court rescheduled the Motion to Dismiss Hearing for March 13, 2014 (Dkt. #79);
WHEREAS, on March 13, 2014, after the Court’s hearing on Defendants’ Motion to
Dismiss, the Court set a case management conference for April 15, 2014 (Dkt. #83);
WHEREAS, counsel for Defendants had a previous engagement outside the State of
California on April 15, 2014, and so counsel for Lead Plaintiff and counsel for Defendants filed a
Stipulation and Proposed Order requesting continuance of the Initial Case Management
Conference (Dkt. #84) and the Court reset the hearing for April 24, 2014 (Dkt. #87);
WHEREAS, due to a serious illness of an immediate family member of Lead Counsel,
Lead Plaintiff has requested and Defendants’ counsel has agreed to a continuance of the Case
Management Conference to May 29 , 2014;
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

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

WHEREAS, a short continuance of the Initial Case Management Conference will not
unduly delay the proceedings in this manner;
WHEREAS, Defendants’ answer to Lead Plaintiff’s Consolidated Class Action
Complaint for Violations of the Federal Securities Laws is currently due on May 2, 2014;
WHEREAS, Defendants requested and Lead Plaintiff agreed to extend the deadline for
Defendants’ answer to May 22, 2014;
WHEREAS, a short extension of the deadline for Defendants’ answer will not unduly
delay the proceedings in this manner;
WHEREAS, Lead Plaintiff and Defendants filed a Joint Case Management Statement on
April 17, 2014 and have agreed to file a Revised Joint Management Statement on May 22, 2014;
WHEREAS, Lead Plaintiff and Defendants have agreed to exchange initial disclosures by
May 22, 2014;
NOW THEREFORE, the undersigned parties, by and through their counsel of record,
stipulate and agree, subject to the Court’s approval, as follows:
1.

Defendants’ answer is due on May 22, 2014;

2.

Lead Plaintiff and Defendants’ Joint Revised Case Management Statement is due

on May 22, 2014;
3.

Lead Plaintiff and Defendants shall exchange initial disclosures pursuant to

Federal Rule of Civil Procedure 26(a) on or before May 22, 2014; and
4.

The Initial Case Management Conference, currently scheduled for April 24, 2014

is continued to May 29, 2014, at 9:00 a.m.

DATED: April 22, 2014
GOLD BENNETT CERA & SIDENER LLP LATHAM & WATKINS LLP
By: /s/ Solomon B. Cera
Solomon B. Cera
Liaison Counsel for Lead Plaintiff the
C OHEN M ILSTEIN
S ELLERS & T OLL
PLLC
ATTORNEYS AT LAW
WASHINGTON

By: /s/ Peter A. Wald
Peter A. Wald
Peter A. Wald (Bar No. 85705)
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STIPULATION AND [PROPOSED] ORDER REGARDING
SCHEDULING
CASE NUMBER: 13-cv-01037 EMC

Boilermaker Blacksmith National Pension
Trust
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]

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

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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Hon. Edward M. Chen en
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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ATTORNEYS AT LAW
WASHINGTON

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C OHEN M ILSTEIN
S ELLERS & T OLL
PLLC

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4/22/14

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DATED:

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

SIGNATURE ATTESTATION
I am the ECF User whose identification and password are being used to file the foregoing
Stipulation and [Proposed] Order Regarding Scheduling. Pursuant to General Order No. 45,
Section X(B) regarding signatures, I, Solomon B. Cera, attest that concurrence in the filing of
this document has been obtained.

DATED: April 22, 2014

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

/s/ Solomon B. Cera
Solomon B. Cera

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