Markette v. XOMA Corp et al
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. Granting 9 Stipulation to Vacate Initial Case Management Conference and Reset All Related Deadlines and Extend Time to Answer or Otherwise Respond the Complaint. (ndrS, COURT STAFF) (Filed on 8/27/2015)
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COOLEY LLP
JOHN C. DWYER (136533) (dwyerjc@cooley.com)
JESSICA VALENZUELA SANTAMARIA (220934) (jsantamaria@cooley.com)
AMANDA A. MAIN (260814) (amain@cooley.com)
BRETT H. DE JARNETTE (292919) (bdejarnette@cooley.com)
3175 Hanover Street
Palo Alto, CA 94304-1130
Telephone:
(650) 843-5000
Facsimile:
(650) 849-7400
Attorneys for Defendants
XOMA CORPORATION, JOHN W. VARIAN,
and PAUL D. RUBIN
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JOSEPH F. MARKETTE, on Behalf of
Himself and All Others Similarly Situated,
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Plaintiff,
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v.
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XOMA CORPORATION, JOHN W.
VARIAN, and PAUL D. RUBIN,
Case No. 3:15-CV-3425-HSG
STIPULATION AND ORDER TO VACATE
INITIAL CASE MANAGEMENT
CONFERENCE AND RESET ALL RELATED
DEADLINES AND EXTEND DEFENDANTS’
TIME TO ANSWER OR OTHERWISE
RESPOND TO THE COMPLAINT
Defendants.
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COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO
STIP. AND [PROPOSED] ORDER TO VACATE CMC
AND EXTEND TIME TO RESPOND TO COMPLAINT
3:15-CV-3425-HSG
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Plaintiff Joseph Markette, individually and on behalf of all others similarly situated,
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(“Plaintiff”), by and through his undersigned counsel, and Defendants XOMA Corporation, John
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Varian, and Paul Rubin (“Defendants”), by and through their undersigned counsel, hereby
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stipulate and agree as follows:
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WHEREAS Plaintiff’s Class Action Complaint for Violations of the Federal Securities
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Laws (the “Complaint”) was filed in the action styled Markette v. XOMA Corporation, et al.,
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No. 3:15-CV-3425-HSG on July 24, 2015 (Dkt. No. 1) (the “Complaint”);
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WHEREAS, Plaintiff sent waivers of service of summons to Defendants on August 4,
2015 and Cooley LLP accepted service on their behalf;
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WHEREAS, under Rule 12 of the Federal Rules of Civil Procedure, Defendants are
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required to answer or otherwise respond to Plaintiff’s Complaint on or before September 28,
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2015;
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WHEREAS, under section 78u-4(a)(3) of the Private Securities Litigation Reform Act of
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1995 (“PSLRA”) the deadline to file a motion to appoint lead plaintiff and to appoint lead counsel
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is September 22, 2015;
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WHEREAS, on July 27, 2015, this Court issued an Order, scheduling an Initial Case
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Management Conference for October 27, 2015 along with related Alternative Dispute Resolution
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(“ADR”) deadlines.
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WHEREAS, the parties agree that, in light of the deadline to file a motion to appoint lead
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plaintiff and lead counsel, and in the interests of judicial economy and preservation of the Court’s
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and the parties’ resources, Defendants need not respond to the pending Complaint;
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WHEREAS, under Civil Local Rule 6-1(a), the parties may stipulate in writing, without a
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Court order, to extend the time within which to answer or otherwise respond to the Complaint
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provided that the change will not alter the date of any event or any deadline already fixed by
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Court order;
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WHEREAS, the Court has not issued any order setting the time within which Defendants
must answer or otherwise respond to the Complaint;
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COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO
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STIP AND [PROPOSED] ORDER TO VACATE CMC
AND EXTEND TIME TO RESPOND TO COMPLAINT
3:15-CV-3425-HSG
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NOW THEREFORE, the parties hereby STIPULATE and AGREE as follows, through
their undersigned counsel:
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Defendants shall not be required to, and shall not waive any rights, arguments, or
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defenses by not answering, moving against, or otherwise responding to the pending Complaint in
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the action styled Markette v. XOMA Corporation, et al., No. 3:15-CV-3425-HSG;
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2.
Upon appointment of a lead plaintiff and lead counsel, the parties will meet and
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confer to set a schedule for the filing by such lead plaintiff of a consolidated complaint and
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Defendants’ response.
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3.
The Initial Case Management Conference currently scheduled for October 27,
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2015, along with any associated deadlines under the Federal Rules of Civil Procedure and Local
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Rules (including ADR deadlines), shall be vacated and reset after appointment of lead plaintiff
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and lead counsel.
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IT IS SO STIPULATED.
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Respectfully Submitted,
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Dated: August 26, 2015
COOLEY LLP
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/s/ Jessica Valenzuela Santamaria
Jessica Valenzuela Santamaria (136533)
Attorneys for Defendants XOMA CORPORATION,
JOHN W. VARIAN, and PAUL D. RUBIN
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COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO
2.
STIP AND [PROPOSED] ORDER TO VACATE CMC
AND EXTEND TIME TO RESPOND TO COMPLAINT
3:15-CV-3425-HSG
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Dated: August 26, 2015
PUNZALAN LAW, P.C.
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/s/ Mark Punzalan
Mark Punzalan (247599)
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Attorneys for Plaintiff JOSEPH F. MARKETTE
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LEVI & KORSINSKY, LLP
Nicholas I. Porritt (to be admitted pro hac vice)
Adam M. Apton (to be admitted pro hac vice)
1101 30th Street, N.W., Suite 115
Washington, D.C. 20007
Tel: (202) 524-4290
Fax: (202) 363-2121
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LEVI & KORSINSKY, LLP
Julia J. Sun (to be admitted pro hac vice)
30 Broad Street, 24th Floor
New York, New York 10004
Tel: (212) 363-7500
Fax: (212) 363-7171
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ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: August 27, 2015
Hon. Haywood S. Gilliam, Jr.
United States District Court Judge
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COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO
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STIP AND [PROPOSED] ORDER TO VACATE CMC
AND EXTEND TIME TO RESPOND TO COMPLAINT
3:15-CV-3425-HSG
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ATTESTATION OF CONCURRENCE IN FILING
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Pursuant to the United States District Court for the Northern District of California, Civil
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L. R. 5-1(i), I, Jessica Valenzuela Santamaria, hereby attest that the concurrence to the filing of
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the foregoing document has been obtained from Mark Punzalan, who has provided the conformed
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signature above.
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Dated: August 26, 2015
COOLEY LLP
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/s/ Jessica Valenzuela Santamaria
Jessica Valenzuela Santamaria (220934)
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Attorneys for Defendants XOMA CORPORATION,
JOHN W. VARIAN, and PAUL D. RUBIN
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CERTIFICATE OF SERVICE
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I, Jessica Valenzuela Santamaria, one of the attorneys for Defendants XOMA
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Corporation, John W. Varian, and Paul D. Rubin hereby certify that on August 27, 2015, I caused
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a copy of the attached Stipulation Re Defendants XOMA Corporation, John W. Varian, and Paul
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D. Rubin’s Response to the Pending Complaint to be submitted electronically to the Court’s
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Electronic Case Filing System which generates a Notice of Electronic Filing that constitutes
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service to all Filing Users under Fed. R. Civ. P. 5(b)(2)(D).
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/s/ Jessica Valenzuela Santamaria
Jessica Valenzuela Santamaria
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120642963
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COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO
4.
STIP AND [PROPOSED] ORDER TO VACATE CMC
AND EXTEND TIME TO RESPOND TO COMPLAINT
3:15-CV-3425-HSG
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