Kishtagari v. Geron Corporation et al

Filing 79

ORDER, granting 78 STIPULATION TO EXTEND THE TIME WITHIN WHICH TO ANSWER THE CONSOLIDATED AMENDED CLASS ACTION COMPLAINT AND TO SET THE INITIAL CASE MANAGEMENT CONFERENCE filed by Olivia K. Bloom, Geron Corporation, Stephen Kelsey, John A. Scarlett. Case Management Statement due by 7/17/2015. Initial Case Management Conference set for 7/24/2015 08:30 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 4/23/20215. (beS, COURT STAFF) (Filed on 4/23/2015)

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COOLEY LLP
JOHN C. DWYER (136533) ([e-mail])
BRETT DE JARNETTE (292919) ([e-mail])
3175 Hanover Street
Palo Alto, CA 94304
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, Olivia K. Bloom, and
Stephen M. Kelsey

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[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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Case No.: 14-cv-01224-CRB

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In re: GERON CORPORATION
SECURITIES LITIGATION

CLASS ACTION
STIPULATION AND ORDER TO EXTEND
THE TIME WITHIN WHICH TO ANSWER
THE CONSOLIDATED AMENDED CLASS
ACTION COMPLAINT AND TO SET THE
INITIAL CASE MANAGEMENT
CONFERENCE

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Judge:
Courtroom:

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Hon. Charles R. Breyer
6, 17th Floor

This Document Relates To: All Actions
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STIPULATION AND [PROPOSED] TO EXTEND TIME
TO ANSWER CAC AND TO SET INITIAL CMC
14-CV-01224-CRB

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Lead Plaintiff Vinod Patel (“Lead Plaintiff”) and Defendants Geron Corporation, John A.

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Scarlett, Olivia K. Bloom, and Stephen M. Kelsey (collectively, “Defendants” and together with

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Lead Plaintiff, the “Parties”), by and through their undersigned counsel, respectfully stipulate and

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agree to extend the time within which to answer the Consolidated Amended Class Action

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Complaint (“CAC”), and respectfully request that the Court re-set the date for the Initial Case

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Management Conference in this case. In support of this stipulation, the Parties state as follows:

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RECITALS

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WHEREAS, on September 10, 2014, Lead Plaintiff filed his CAC (Dkt. No. 45);

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WHEREAS, Defendants filed their Motion to Dismiss the CAC (“Motion to Dismiss”) on

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October 10, 2014 (Dkt No. 54);

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WHEREAS, Lead Plaintiff filed his opposition to the Motion to Dismiss on January 20,
2015 (Dkt. No. 61);

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WHEREAS, Defendants filed their reply in support of the Motion to Dismiss on February
25, 20145 (Dkt. No. 67);

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WHEREAS, on April 10, 2015, the Court denied in part and granted in part the Motion to

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Dismiss as stated on the record in open court during the hearing on the Motion to Dismiss (Dkt.

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No. 73), and later issued a short order regarding the same on April 15, 2015 (Dkt. No. 75);

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WHEREAS, Lead Plaintiff has informed Defendants that he does not intend to amend the

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CAC at this time but reserves his right to do so at a future date, and Defendants reserve their right

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to challenge any such future attempt to amend;

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WHEREAS, pursuant to Federal Rule of Civil Procedure 12(a)(4)(A), the deadline for
Defendants to answer the CAC is on April 24, 2015;

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WHEREAS, Civil Local Rule 6-1(a) provides that parties may stipulate in writing,
without a Court order, to extend the time within which to answer the complaint;

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WHEREAS, the Parties met and conferred and agree that, in the interests of the Parties

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and judicial economy, the Defendants should be permitted to answer the CAC on or before May

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22, 2015;

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1.

STIPULATION AND [PROPOSED] TO EXTEND TIME
TO ANSWER CAC AND TO SET INITIAL CMC
14-CV-01224-CRB

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WHEREAS, the Court previously adjourned the Initial Case Management Conference in
this case in an order dated April 15, 2014 (Dkt. No. 15); and

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WHEREAS, the Parties met and conferred and agree that, in the interests of the Parties

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and judicial economy, the Initial Case Management Conference should be set for a date after the

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filing of Defendants’ answer to the CAC that is convenient for the Court.

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STIPULATION

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NOW, THEREFORE, the Parties stipulate as follows:

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1.

Defendants are required to file their answer to the SAC on or before May 22, 2015.

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The Initial Case Management Conference shall be held 60 days after Defendants

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file their answer to the CAC, or as soon as possible thereafter on a date that is convenient for the
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Court.
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IT IS SO STIPULATED.
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FARUQI & FARUQI LLP
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DATED: April 22, 2015
By: /s/ Richard W. Gonnello_____
Richard W. Gonnello (admitted pro hac vice)
Megan M. Sullivan (admitted pro hac vice)
Katherine M. Lenahan (admitted pro hac vice)
369 Lexington Avenue, 10th Floor
New York, NY 10017
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

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David E. Bower (119546)
10866 Wilshire Boulevard, Suite 1470
Los Angeles, CA 90024
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Counsel for Lead Plaintiff Vinod Patel

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2.

STIPULATION AND [PROPOSED] TO EXTEND TIME
TO ANSWER CAC AND TO SET INITIAL CMC
14-CV-01224-CRB

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COOLEY LLP
DATED: April 22, 2015

By: /s/ Ryan E. Blair
John C. Dwyer
Brett De Jarnette
3175 Hanover Street
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Ryan E. Blair
4401 Eastgate Mall
San Diego, CA 92121-1909
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Counsel 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

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document has been obtained from the signatory.

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Dated: April 22, 2015

COOLEY LLP

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/s/ Ryan E. Blair
Ryan E. Blair (246724)
Counsel for Defendants
Geron Corporation, John A. Scarlett, Olivia K.
Bloom, and Stephen M. Kelsey

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ISTRIC
ES D
TC
AT
T

R NIA

ERED

O ORD

IT IS S

__________________________________
Breyer
Hon. Charles R. Breyerge–Charles R.
U.S.D.J.
Jud
H

ER

LI

RT

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FO

NO

DATED: April 23, 2015

UNIT
ED

PURSUANT TO STIPULATION, IT IS SO ORDERED.

S

ORDER

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3.

STIPULATION AND [PROPOSED] TO EXTEND TIME
TO ANSWER CAC AND TO SET INITIAL CMC
14-CV-01224-CRB