Biotechnology Value Fund, L.P. et al v. Celera Corporporation et al

Filing 264

REQUEST FOR ADDITIONAL BRIEFING. Signed by Judge Alsup on 1/12/2015. (whalc2, COURT STAFF) (Filed on 1/12/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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BIOTECHNOLOGY VALUE FUND, L.P.,
BIOTECHNOLOGY VALUE FUND II,
L.P., INVESTMENT 10, L.L.C., BVF
INVESTMENTS, L.L.C.; BVF INC., and
BVF X, LLC,

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For the Northern District of California

United States District Court

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Plaintiffs,

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REQUEST FOR ADDITIONAL
BRIEFING

v.
CELERA CORPORATION, CREDIT
SUISSE SECURITIES (USA) LLC,
KATHY ORDOÑEZ, RICHARD H.
AYERS, WILLIAM G. GREEN, PETER
BARTON HUTT, GAIL M. NAUGHTON,
WAYNE I. ROE, and BENNETT M.
SHAPIRO,
Defendants.
/

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No. C 13-03248 WHA

Both parties are requested to respond to the following questions in FIVE PAGES OR LESS
BY 6:00 A.M. ON JANUARY 13, 2015.

Does the summary judgment record show the percentage of shareholders who voted for
the sale? Was a simple majority all that was required?

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Did plaintiffs vote against the sale? Does the summary judgment record show this?

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What difference should appraisal rights make?

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What is plaintiffs’ proof in the summary judgment record that had the corrected

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information been revealed, a sufficient number of yes-vote stockholders would have changed

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their votes to no to defeat the deal?

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Dated: January 12, 2015.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE