Kishtagari v. Geron Corporation et al
Filing
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ORDER granting: 100 STIPULATION WITH PROPOSED ORDER to Extend Case Management Schedule and Increase Page Limits filed by Vinod Patel. Motion class certification due by 8/12/2016. Responses due by 9/26/2016. Replies due by 11/7 /2016. Motion Hearing set for 12/2/2016 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Motion for SJ due by 7/14/2017. Response due by 8/28/2017. Reply due by 10/12/2017. Lead Plaintiffs opening brief moti on for class certification shall not exceed 25 pages. Opposition to motion for class certification shall not exceed 35 pages. Reply to motion for class certification shall not exceed 20 pages. Signed by Judge Charles R. Breyer on 6/9/2016. (beS, COURT STAFF) (Filed on 6/9/2016)
1 Richard W. Gonnello (admitted pro hac vice)
Megan M. Sullivan (admitted pro hac vice)
2 Katherine M. Lenahan (admitted pro hac vice)
FARUQI & FARUQI, LLP
3 685 Third Avenue, 26th Floor
New York, NY 10017
4 Telephone: 212-983-9330
Facsimile: 212-983-9331
5 Email: rgonnello@faruqilaw.com
msullivan@faruqilaw.com
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klenahan@faruqilaw.com
7 Barbara Rohr SBN 273353
FARUQI & FARUQI, LLP
8 10866 Wilshire Boulevard, Suite 1470
Los Angeles, CA 90024
9 Telephone: 424-256-2884
Facsimile: 424-256-2885
10 Email: brohr@faruqilaw.com
11 Attorneys for Lead Plaintiff Vinod Patel
12 [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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CA No. 3:14-CV-01224 (CRB)
In re: GERON CORPORATION SECURITIES
LITIGATION
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This Document Relates To:
ALL ACTIONS
STIPULATION AND ORDER TO
EXTEND CASE MANAGEMENT
SCHEDULE AND INCREASE PAGE
LIMITS
Judge: Hon. Charles R. Breyer
Courtroom: 6, 17th Floor
CONSOLIDATED CLASS ACTION
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STIPULATION AND [PROPOSED] ORDER TO EXTEND CASE MANAGEMENT SCHEDULE AND INCREASE PAGE LIMITS
CV 14 01224 CRB
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Lead Plaintiff Vinod Patel (“Lead Plaintiff”) and Defendants Geron Corporation, John A.
2 Scarlett, Olivia K. Bloom, and Stephen M. Kelsey (collectively “Defendants” and together with
3 Lead Plaintiff, the “Parties”), by and through their undersigned counsel, hereby stipulate as follows:
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WHEREAS, on November 6, 2015, the Parties filed their Joint Case Management Statement
5 and Order (the “Initial CMS”) (ECF No. 94) proposing a litigation schedule and discovery plan for
6 this action;
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WHEREAS, on November 13, 2015, the Court expressly adopted certain dates set forth in
8 the Initial CMS, and, although not reflected in the Minute Entry (ECF No. 95), presumably
9 approved the remaining dates set forth in the Initial CMS;
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WHEREAS, the Parties unsucessfully attempted to mediate their dispute but since that time
11 have continued discussions to reach a potential resolution of this action, pursuant to which
12 discussions targeted discovery and additional information have been exchanged among the Parties;
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WHEREAS, the Parties would like to continue mediation discussions over the course of the
14 next several weeks without incurring certain significant expenses that would result from meeting
15 certain deadlines relating to the completion of document production and the briefing of Lead
16 Plaintiff’s upcoming motion for class certification; and
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WHEREAS, the Parties have agreed to a new case management schedule that would
18 postpone several impending deadlines for approximately one month to accommodate for further
19 mediation discussions;
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WHEREAS, pursuant to the amended case management schedule set forth below, Lead
21 Plaintiff intends to file a motion for class certification;
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WHEREAS, Civil Local Rule 7-2(b) provides that memoranda of points and authorities may
23 not exceed 25 pages, but this Court’s Standing Order provides that any such memoranda may not
24 exceed 15 pages;
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WHEREAS, given the complexity of the legal issues that must be addressed, the 15-page
26 limit would prevent the Parties from adequately setting forth their arguments in support of and in
27 opposition to Lead Plaintiff’s motion for class certification; and
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STIPULATION AND [PROPOSED] ORDER TO EXTEND CASE MANAGEMENT SCHEDULE AND INCREASE PAGE LIMITS
CV 14 01224 CRB
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WHEREAS, counsel for the Parties met and conferred to discuss page limits for the motion
2 for class certification, and agreed that the page limits for both Lead Plaintiff’s opening brief in
3 support of and Defendants’ opposition to the motion should be increased beyond 15 pages.
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WHEREFORE, IT IS HEREBY STIPULATED AND AGREED that,
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1.
The following amended case management schedule should be adopted and the dates
6 highlighted in the chart below should replace the dates set forth in the Initial CMS:
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EVENT
DATE
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Exchange of initial disclosures
December 11, 2015
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Plaintiff to file class certification motion
August 12, 2016
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Deadline for substantial completion of document
productions
September 30, 2016
Defendants to respond to Plaintiff's class
certification motion
September 26, 2016
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Plaintiff’s reply in support of class certification
motion
November 7, 2016
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Hearing on Plaintiff’s class certification motion
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Fact discovery cut-off
December 2, 2016, or on a date set by
the Court
February 24, 2017
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Last day to amend pleadings or add parties
March 10, 2017
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Deadline for Plaintiff to submit expert reports
April 7, 2017
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Deadline for Defendants to submit expert reports
May 8, 2017
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Deadline for Plaintiff to submit rebuttal expert
reports, if any
June 7, 2017
Expert discovery cut-off
June 23, 2017
Defendants to file motion for summary judgment
and/or summary adjudication
July 14, 2017
Plaintiff’s to respond to Defendants’ motion for
summary judgment and/or summary adjudication
August 28, 2017
Defendants reply in support of Defendants’ motion
for summary judgment and/or summary adjudication
October 12, 2017
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STIPULATION AND [PROPOSED] ORDER TO EXTEND CASE MANAGEMENT SCHEDULE AND INCREASE PAGE LIMITS
CV 14 01224 CRB
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Last day to conduct settlement conference
No later than 25 days after Court’s
ruling on all dispositive motions
Deadline to serve and file Rule 26(a)(3) disclosures
No later than 30 days after Court’s
ruling on all dispositive motions
Deadline to serve motions in limine
No later than 30 days after Court’s
ruling on all dispositive motions
Deadline to serve oppositions to motions in limine
No later than 60 days after Court’s
ruling on all dispositive motions
Deadline for the Parties to exchange copies of all
exhibits, summaries, charts, and diagrams to be used
at trial other than solely for impeachment
No later than 60 days after Court’s
ruling on all dispositive motions
Deadline to file joint proposed final pretrial order
and other materials as set forth in the Court’s
“Guidelines for Trial and Final Pretrial Conference
in Civil Jury Cases”
No later than 73 days after Court’s
ruling on all dispositive motions
Pre-trial conference
No later than 80 days after Court’s
ruling on all dispositive motions
Trial to commence
No later than 90 days after Court’s
ruling on all dispositive motions
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2.
Lead Plaintiff’s opening brief in support of his motion for class certification shall
17 not exceed 25 pages in length.
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3.
Defendants’ opposition to Lead Plaintiff’s motion for class certification shall not
19 exceed 35 pages in length.
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4.
Lead Plaintiff’s reply in support of his motion for class certification shall not exceed
21 20 pages in length.
22 Dated: June 8, 2016
FARUQI & FARUQI, LLP
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By: /s/ Richard W. Gonnello
Richard W. Gonnello
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Richard W. Gonnello (admitted pro hac vice)
Megan M. Sullivan (admitted pro hac vice)
Katherine M. Lenahan (admitted pro hac vice)
685 Third Avenue, 26th Floor
New York, NY 10017
Telephone: 212-983-9330
Facsimile: 212-983-9331
Email: rgonnello@faruqilaw.com
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STIPULATION AND [PROPOSED] ORDER TO EXTEND CASE MANAGEMENT SCHEDULE AND INCREASE PAGE LIMITS
CV 14 01224 CRB
msullivan@faruqilaw.com
klenahan@faruqilaw.com
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Barbara Rohr SBN 273353
10866 Wilshire Boulevard, Suite 1470
Los Angeles, CA 90024
Telephone: 424-256-2884
Facsimile: 424-256-2885
Email: brohr@faruqilaw.com
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Attorneys for Lead Plaintiff
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7 Dated: June 8, 2016
COOLEY LLP
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By: /s/ Ryan E. Blair
John C. Dwyer
3175 Hanover Street
Palo Alto, CA 94304
Telephone: (650) 843-5000
Facsimile: (650) 849-7400
Email: jdwyer@cooley.com
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Ryan E. Blair
4401 Eastgate Mall
San Diego, CA 92121-1909
Telephone: (858) 550-6000
Facsimile: (858) 550-6420
Email: rblair@cooley.com
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Attorneys for Defendants Geron Corporation,
John A. Scarlett, Olivia K. Bloom,
and Stephen M. Kelsey
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ATTESTATION (CIVIL LOCAL RULE 5-1(i)(3))
In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this
22 document has been obtained from the signatory.
23 Dated: June 8, 2016
FARUQI & FARUQI, LLP
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/s/ Richard W. Gonnello
Richard W. Gonnello (pro hac vice)
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Attorneys for Lead Plaintiff
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STIPULATION AND [PROPOSED] ORDER TO EXTEND CASE MANAGEMENT SCHEDULE AND INCREASE PAGE LIMITS
CV 14 01224 CRB
ORDER
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Pursuant to the foregoing stipulation, and good cause appearing, IT IS SO ORDERED.
3 DATED: June 9, 2016
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Honorable Charles R. Breyer
United States District Judge
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STIPULATION AND [PROPOSED] ORDER TO EXTEND CASE MANAGEMENT SCHEDULE AND INCREASE PAGE LIMITS
CV 14 01224 CRB
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