Kishtagari v. Geron Corporation et al
Filing
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ORDER granting: 103 STIPULATION WITH PROPOSED ORDER to Modify Case Management Schedule filed by Olivia K. Bloom, et al. Amended Pleading or add parties by 3/10/2017. Motion for class certification due by 8/12/2016. Responses d ue by 9/26/2016. Replies due by 11/7/2016. Motion on Class Certification Hearing set for 12/16/2016 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Signed by Judge Charles R. Breyer on 7/29/2016. (beS, COURT STAFF) (Filed on 8/1/2016)
1 COOLEY LLP
JOHN C. DWYER (136533) (dwyerjc@cooley.com)
2 BRETT DE JARNETTE (292919) (bdejarnette@cooley.com)
3175 Hanover Street
3 Palo Alto, CA 94304
Telephone:
(650) 843-5000
4 Facsimile:
(650) 849-7400
5 COOLEY LLP
RYAN E. BLAIR (246724) (rblair@cooley.com)
6 4401 Eastgate Mall
San Diego, CA 92121
7 Telephone: (858) 550-6000
Facsimile: (858) 550-6420
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Attorneys for Defendants
9 Geron Corporation, John A. Scarlett, Olivia K. Bloom, and Stephen M. Kelsey
10 [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
STIPULATION AND ORDER TO
MODIFY CASE MANAGEMENT
SCHEDULE
This Document Relates To:
Judge: Hon. Charles R. Breyer
Courtroom: 6, 17th Floor
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ALL ACTIONS
CONSOLIDATED CLASS ACTION
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STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE MANAGEMENT SCHEDULE
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, on June 9, 2016, the Court entered an order modifying certain dates set forth in
11 the Initial CMS (ECF No. 101) (the “Modified Scheduling Order”);
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WHEREAS, the Parties engaged in informal, targeted discovery and attempted to resolve
13 the dispute amicably, but have been unable to do so to date;
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WHEREAS, on July 8, 2016, Lead Plaintiff served discovery on Defendants, including
15 requests for the production of documents;
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WHEREAS, Defendants intend to serve discovery on Lead Plaintiff, including requests for
17 the production of documents;
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WHEREAS, the Parties have met and conferred and agreed to a new case management
19 schedule that would extend the time for the Parties to substantially complete their respective
20 document productions by approximately one month; and
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WHEREAS, this one month extension for the Parties to substantially complete their
22 respective document productions would not alter any other dates set forth in the Modified
23 Scheduling Order;
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WHEREFORE, IT IS HEREBY STIPULATED AND AGREED that,
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The following amended case management schedule should be adopted and the dates
26 highlighted in the chart below should replace the dates set forth in the Modified Scheduling Order:
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STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE MANAGEMENT SCHEDULE
CV 14 01224 CRB
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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
October 31, 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
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
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STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE MANAGEMENT SCHEDULE
CV 14 01224 CRB
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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
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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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Dated: July 28, 2016
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COOLEY LLP
By: /s/ Ryan E. Blair
John C. Dwyer (136533)
Brett De Jarnette (292919)
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 (246724)
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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22 Dated: July 28, 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
msullivan@faruqilaw.com
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STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE MANAGEMENT SCHEDULE
CV 14 01224 CRB
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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STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE MANAGEMENT SCHEDULE
CV 14 01224 CRB
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ATTESTATION (CIVIL LOCAL RULE 5-1(i)(3))
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In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this
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document has been obtained from the signatory.
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Dated: July 28, 2016
FARUQI & FARUQI, LLP
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/s/ Ryan E. Blair
Ryan E. Blair (246724)
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Attorneys for Defendants
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ORDER
Pursuant to the foregoing stipulation, and good cause appearing, IT IS SO ORDERED.
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DATED: July 29, 2016
Honorable Charles R. Breyer
United States District Judge
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STIPULATION AND [PROPOSED] ORDER TO MODIFY CASE MANAGEMENT SCHEDULE
CV 14 01224 CRB
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