Markette v. XOMA Corp et al

Filing 10

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) ([e-mail])
JESSICA VALENZUELA SANTAMARIA (220934) ([e-mail])
AMANDA A. MAIN (260814) ([e-mail])
BRETT H. DE JARNETTE (292919) ([e-mail])
3175 Hanover Street
Palo Alto, CA 94304-1130
Telephone:
[phone]
Facsimile:
[phone]
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

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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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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: [phone]
Fax: [phone]

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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: [phone]
Fax: [phone]

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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