Kishtagari v. Geron Corporation et al

Filing 44

ORDER granting 43 STIPULATION Re Briefing Schedule for Lead Plaintiff to File Consolidated Amended Complaint and Defendants' Response Thereto filed by Olivia K. Bloom, Geron Corporation, John A. Scarlett. Consolidated Amended Complaint due by 9/19/2014. Answer, Motion to dismiss or other response due by 11/18/2014. Responses to any motion to dismiss due by 1/20/2015. Replies due by 2/18/2015 - Signed by Judge Charles R. Breyer on 7/21/2014. (beS, COURT STAFF) (Filed on 7/21/2014)

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COOLEY LLP
JOHN C. DWYER (136533) ([e-mail])
Five Palo Alto Square
3000 El Camino Real
Palo Alto, CA 94306-2155
Telephone:
[phone]
Facsimile:
[phone]
COOLEY LLP
RYAN E. BLAIR (246724) ([e-mail])
4401 Eastgate Mall
San Diego, CA 92121
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
Geron Corporation, John A. Scarlett and Olivia K. Bloom
[Additional attorneys listed on signature page]

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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Case No.: 14-cv-01224-CRB
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In re: GERON CORPORATION
SECURITIES LITIGATION

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CLASS ACTION
STIPULATION AND ORDER RE
BRIEFING SCHEDULE FOR LEAD
PLAINTIFF TO FILE CONSOLIDATED
AMENDED COMPLAINT AND
DEFENDANTS’ RESPONSE THERETO

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Judge:
Courtroom:

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Hon. Charles R. Breyer
6, 17th Floor

This Document Relates To: All Cases
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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

STIPULATION AND PROPOSED ORDER
RE BRIEFING SCHEDULE
14-CV-01224-CRB

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Pursuant to Civil Local Rule 7-12, Lead Plaintiff Vinod Patel (“Lead Plaintiff”) and

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defendants Geron Corporation, John A. Scarlett, and Olivia K. Bloom (“Defendants,” and

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collective with Lead Plaintiff, the “Parties), hereby agree and stipulate to the following schedule

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for the filing of Plaintiff’s Consolidated Amended Complaint (“CAC”) and Defendants’ response

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thereto.

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WHEREAS, on March 14 and 28, 2014, two putative class action complaints were filed in

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this District against Defendants for violations of Sections 10(b) and 20(a) of the Securities

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Exchange Act of 1934;

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WHEREAS, on April 14, 2014, the Court entered an Order relating the two putative class
actions and assigning the two putative class actions to this Court (Dkt. No. 14);

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WHEREAS, on April 15, 2014, the Court entered an Order requiring the Parties to meet

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and confer and to submit a schedule for the filing of the CAC and Defendants’ responses thereto

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within twenty (20) days following the appointment of Lead plaintiff and Lead Counsel (Dkt. No.

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15);

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WHEREAS, on June 30, 2014, the Court entered an Order consolidating the two putative

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class actions under the caption In re Geron Corporation Securities Litigation and appointing

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Vinod Patel as Lead Plaintiff and Faruqi & Faruqi, LLP as Lead Counsel for Lead Plaintiff and

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the putative class (Dkt. No. 42);

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WHEREAS, counsel for the Parties have met and conferred on a schedule for the filing of

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the CAC and Defendants’ responses thereto, and have taken into account the schedules of the

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Parties and their counsel, as well as the holiday season, in so doing; and

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NOW, THEREFORE, IT HEREBY STIPULATED AND AGREED by the Parties hereto,
through their undersigned counsel, as follows:

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1.

Lead Plaintiff shall have until September 19, 2014 to file and serve his CAC.

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2.

Defendants shall have until November 18, 2014 to file and serve their answer,

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Motion to Dismiss, or other response to the CAC.
3.

Lead Plaintiff shall have until January 20, 2015 to file and serve his papers in

opposition to any Motion to Dismiss filed by Defendants.

COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

1.

STIPULATION AND PROPOSED ORDER
RE BRIEFING SCHEDULE
14-CV-01224-CRB

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Defendants shall have until February 18, 2015 to file and serve their reply briefs in

connection with their Motion to Dismiss.
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The Parties shall meet and confer on a hearing date for the Motion to Dismiss,

subject to the Court’s availability.
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The Parties are not waiving any rights, claims, or defenses of any kind except as

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expressly stated herein, and the Parties reserve the right to seek further extensions of time as

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circumstances may warrant, subject to the Court’s approval.

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IT IS SO STIPULATED.
Dated: July 18, 2014

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COOLEY LLP
JOHN C. DWYER
RYAN E. BLAIR

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/s/ Ryan E. Blair
Ryan E. Blair (246724)

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Counsel for Defendants
Geron Corporation, John A. Scarlett and Olivia K.
Bloom

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Dated: July 18, 2014

FARUQI & FARUQI LLP
DAVID E. BOWER
RICHARD W. GONNELLO
MEGAN M. SULLIVAN

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/s/ Richard W. Gonnello
Richard W. Gonnello (Pro Hac Vice)
Counsel for Lead Plaintiff

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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

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14-CV-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
document has been obtained from the signatories.
Dated: July 18, 2014

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COOLEY LLP
JOHN C. DWYER (136533)
RYAN E. BLAIR (246724)

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/s/ Ryan E. Blair
Ryan E. Blair (246724)

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Counsel for Defendants
Geron Corporation, John A. Scarlett and Olivia K.
Bloom

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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UNIT
ED

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Dated: _____________, 2014
July 21

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IT IS S

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THE HONORABLE CHARLES BREYER
UNITED STATES DISTRICT ERED JUDGE
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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

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14-CV-01224-CRB