Nichols Karant v. Larry Hsu et al

Filing 48

ORDER by Judge Haywood S. Gilliam, Jr. Granting 47 Stipulation Resetting Hearing Date on Motions to Dismiss and Strike and Adjusting Related Briefing Deadline. (ndr, COURT STAFF) (Filed on 3/20/2015)

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LATHAM & WATKINS LLP
Peter A. Wald (Bar No. 85705)
Marcy C. Priedeman (Bar No. 258505)
[e-mail]
[e-mail]
505 Montgomery Street, Suite 2000
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Patrick E. Gibbs (Bar No. 183174)
[e-mail]
140 Scott Drive
Menlo Park, California 94025
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
LARRY HSU, ARTHUR A. KOCH, BRYAN M.
REASONS, ROBERT L. BURR, LESLIE Z.
BENET, ALLEN CHAO, NIGEL TEN FLEMING,
MICHAEL MARKBREITER and PETER R.
TERRERI

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and

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Nominal Defendant
IMPAX LABORATORIES, INC.

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Additional Counsel on Signature Page
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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NICHOLAS KARANT, Derivatively on
Behalf of Nominal Defendant IMPAX
LABORATORIES, INC.

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Plaintiff,
vs.
LARRY HSU, ARTHUR A. KOCH, BRYAN
M. REASONS, ROBERT L. BURR, LESLIE
Z. BENET, ALLEN CHAO, NIGEL TEN
FLEMING, MICHAEL MARKBREITER
and PETER R. TERRERI

CASE NO. 14-cv-04313-HSG
STIPULATION AND [PROPOSED] ORDER
RESETTING HEARING DATE ON
MOTIONS TO DISMISS AND STRIKE AND
ADJUSTING RELATED BRIEFING
DEADLINE
Date:
Time:
Location:
Judge:

TBD
TBD
Courtroom 15
Hon. Haywood S. Gilliam

Defendants.

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IMPAX LABORATORIES, INC.,

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Nominal Defendant.

ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND [PROPOSED] ORDER
RESETTING HEARING DATE AND BRIEFING
CASE NUMBER: 14-cv-04313-HSG

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WHEREAS, on September 24, 2014, Plaintiff Nicholas Karant filed the above-captioned
shareholder derivative action (the “Karant Action”);

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WHEREAS, on October 22, 2014, the Honorable Susan Illston entered a Stipulation and

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Order Concerning Defendants’ Time To Respond To Complaint (the “First Scheduling Order”),

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which set a March 13, 2015 hearing date for any motions to dismiss or other responses the

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operative pleading in the Karant Action, briefing dates of December 15, 2014 for moving papers,

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and February 11, 2015 for opposition papers (the “Opposition”);

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WHEREAS, on December 15, 2014, Defendants Larry Hsu, Arthur A. Koch, Bryan M.
Reasons, Robert L. Burr, Leslie Z. Benet, Allen Chao, Nigel Ten Fleming, Michael Markbreiter,

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and Peter R. Terreri (the “Individual Defendants”) filed their Motion to Strike Portions of

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Plaintiff’s Verified Shareholder Derivative Complaint and Motion to Dismiss Claims (Dkt. No.

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26), and Nominal Defendant Impax Laboratories, Inc. filed its Motion to Dismiss Plaintiff’s

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Verified Shareholder Derivative Complaint (Dkt. No. 22) (collectively, the “Motions to

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Dismiss”);

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WHEREAS, on February 4, 2015, a Related Case Order (the “Related Case Order”) issued

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in the Karant Action, which related the Karant Action to two pending actions, Wickey v. Hsu, et

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al., Case No. 3:14-cv-04266-JD and International Union of Operating Engineers Local 478 v.

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Hsu, et al., Case No. 3:14-cv-04980 – JD) (the “Related Cases”);

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WHEREAS, the Related Case Order vacated the March 13, 2015 hearing date on the
Motions to Dismiss noticed pursuant to the First Scheduling Order;
WHEREAS, on February 5, 2015, the Karant Action and the Related Cases were
reassigned to the Honorable James Donato;
WHEREAS, on February 5, 2015, the parties agreed that a continuance of the

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remaining briefing dates related to the Motions to Dismiss would be appropriate to conserve

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resources of the parties and the Court, and to allow the parties to explore possible settlement of

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the Karant Action;

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ATTORNEYS AT LAW
SAN FRANCISCO

WHEREAS, on February 6, 2015, the Court entered an order (Dkt. Nos. 39 & 40),
which continued the date for Plaintiff to file the Opposition to the Motions to Dismiss to February 25,
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STIPULATION AND [PROPOSED] ORDER
RESETTING HEARING DATE AND BRIEFING
CASE NUMBER: 14-cv-04313-HSG

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2015, continued the date for Defendants to submit its replies (the “Reply”) to March 16, 2015, and

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set a hearing date on the of April 22, 2015;

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WHEREAS, on February 13, 2015, the Karant Action and the Related Cases were
reassigned to this Court;

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WHEREAS, on February 23, 2015, the parties agreed that an additional continuance of

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the remaining briefing dates related to the Motions to Dismiss would be appropriate to conserve

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resources of the parties and the Court, and to allow the parties to continue to explore possible

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settlement of the Karant Action;

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WHEREAS, on February 24, 2015, the Court entered an order (Dkt. No. 42), which

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continued the date for Plaintiff to file the Opposition to the Motions to Dismiss to March 4, 2015, and

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continued the date for Defendants to submit the Reply to March 24, 2015, and set a hearing date of

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April 16, 2015;

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WHEREAS, on March 4, 2015, Plaintiff filed the Opposition (Dkt. Nos. 44 and 46); and

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WHEREAS, the parties continue to engage in discussions related to a possible settlement;

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Accordingly, it is hereby stipulated between the Parties, as follows:

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1.

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The date for Defendants to submit the Reply in support of the previously noticed

Motions to Dismiss is continued from March 24, 2015 to April 14, 2015; and
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The Hearing Date on the Motions to Dismiss is hereby noticed for May 28, 2015,

at 2:00 p.m., or such further date and time as the Court orders.
IT IS SO STIPULATED.

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DATED: March 19, 2015

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THE WEISER LAW FIRM, P.C.

LATHAM & WATKINS LLP

By: /s/ Kathleen A. Herkenoff
Kathleen A. Herkenhoff

By: /s/ Peter A. Wald
Peter A. Wald

Kathleen A. Herkenhoff
12707 High Bluff Drive, Suite 200
San Diego, CA 92130
Telephone: [phone]
Facsimile: [phone]
THE WEISER LAW FIRM, P.C.

Peter A. Wald
Marcy C. Priedeman
505 Montgomery St., Suite 2000
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND [PROPOSED] ORDER
RESETTING HEARING DATE AND BRIEFING
CASE NUMBER: 14-cv-04313-HSG

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Attorneys for Plaintiff

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[e-mail]
[e-mail]

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and

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Patrick E. Gibbs
140 Scott Drive
Menlo Park, California 94025-1008
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendants Larry Hsu, Arthur A.
Koch, Bryan M. Reasons, Robert L. Burr, Leslie
Z. Benet, Allen Chao, Nigel Ten Fleming,
Michael Markbreiter, Peter R. Tereri and
Nominal Defendant Impax Laboratories, Inc.

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED:

3/20/2015
Hon. Haywood S. Gilliam, Jr.
United States District Judge

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND [PROPOSED] ORDER
RESETTING HEARING DATE AND BRIEFING
CASE NUMBER: 14-cv-04313-HSG

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SIGNATURE ATTESTATION
I am the ECF User whose identification and password are being used to file the

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foregoing Stipulation and [Proposed] Order Resetting Hearing Date on Motions to Dismiss and

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Strike and Adjusting Related Briefing Deadline. Pursuant to Civil Local Rule 5-1(i)(3) regarding

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signatures, I, Peter A. Wald, attest that concurrence in the filing of this document have been

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obtained.

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DATED: March 19, 2015

/s/ Peter A. Wald
Peter A. Wald

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ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION AND [PROPOSED] ORDER
RESETTING HEARING DATE AND BRIEFING
CASE NUMBER: 14-cv-04313-HSG