International Union of Operating Engineers Local 478 v. Hsu et al

Filing 34

STIPULATION AND RESCHEDULING ORDER. Signed by Judge Samuel Conti on 01/29/2015. (tmi, COURT STAFF) (Filed on 1/29/2015)

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BERNSTEIN LITOWITZ BERGER
& GROSSMANN LLP
BRETT M. MIDDLETON (Bar No. 199427)
12481 High Bluff Drive, Suite 300
San Diego, California 92130
Tel: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Plaintiff International Union
of Operating Engineers Local 478

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[Additional Counsel on Signature Page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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INTERNATIONAL UNION OF
OPERATING ENGINEERS LOCAL 478,
Derivatively on Behalf of Nominal Defendant
IMPAX LABORATORIES, INC.

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STIPULATION AND [PROPOSED]
RESCHEDULING ORDER

Plaintiff,

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Case No.: 14-cv-04980-SC

SHAREHOLDER DERIVATIVE ACTION
vs.
LARRY HSU, G. FREDERICK
WILKINSON, LESLIE Z. BENET, ROBERT
L. BURR, ALLEN CHAO, NIGEL T.
FLEMING, MICHAEL MARKBREITER,
MICHAEL J. NESTOR, MARY K.
PENDERGAST, BRYAN M. REASONS,
and PETER R. TERRERI,
Defendants.

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WHEREAS, on November 10, 2014, plaintiff International Union of Operating Engineers

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Local 478 (“IUOE” or “Plaintiff”) by and through its counsel, initiated this shareholder

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derivative action on behalf of nominal defendant Impax Laboratories, Inc. (“Impax”) and against

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defendants Larry Hsu, G. Frederick Wilkinson, Leslie Z. Benet, Robert L. Burr, Allen Chao,

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Nigel T. Fleming, Michael Markbreiter, Michael J. Nestor, Mary K. Pendergast, Bryan M.

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Reasons, and Peter R. Terreri, (collectively, “Defendants”);
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STIPULATION AND [PROPOSED] RESCHEDULING ORDER
CASE NUMBER: 14-cv-04980-SC

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WHEREAS, on December 17, 2014, Plaintiff and plaintiff in Wickey v. Larry Hsu, et al.,

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No. 14-cv-04266-JD (collectively, “Plaintiffs”) jointly filed an unopposed motion to consolidate

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the Wickey and IUOE actions in front of the Honorable Judge Donato;

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WHEREAS, on January 21, 2015, Judge Donato denied the Motion to Consolidate;

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WHEREAS, based on Judge Donato’s denial of the Motion to Consolidate, Defendants’

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motion to dismiss is due within 30 days of such ruling (or February 20, 2015), pursuant to the

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Stipulation and Rescheduling Order entered by this Court on January 5, 2015 (ECF No. 30);

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WHEREAS, on January 26, 2015, Plaintiffs filed a Joint Administrative Motion To

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Consider Whether Cases Should Be Related And Notice Of Pendency Of Other Action Or

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Proceeding (the “Administrative Motion”) before Judge Donato;
WHEREAS, on January 26, 2015, Plaintiff IUOE filed a Notice Of Pendency Of Other

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Action Or Proceeding Pursuant To Civil Local Rule 3-13 in the above captioned action;
WHEREAS Plaintiffs intend to file a renewed motion to consolidate the Wickey and

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IUOE actions consistent with the outcome of the Administrative Motion, in the coming days;
WHEREAS, if consolidated, Plaintiffs intend to file an amended consolidated complaint;

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and

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WHEREAS, the parties agree that it would be a waste of judicial resources for

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Defendants to prepare and file a motion to dismiss prior to Judge Donato’s ruling on the renewed

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motion to consolidate and, if granted, the amended consolidated complaint being filed;

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NOW, THEREFORE, the undersigned parties, by and through their counsel of record,
stipulate as follows:
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vacated.

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The current February 20, 2015 deadline for Defendants’ motion to dismiss is

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If Judge Donato grants Plaintiffs’ renewed motion for consolidation (or the Court

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consolidates the Wickey and IUOE actions sua sponte), Defendants shall file and

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serve their motion to dismiss within 45 days of plaintiffs filing an amended

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consolidated complaint.

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If the Court denies Plaintiffs’ renewed motion for consolidation, Defendants shall
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STIPULATION AND [PROPOSED] RESCHEDULING ORDER
CASE NUMBER: 14-cv-04980-SC

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