Markette v. XOMA Corp et al

Filing 99

ORDER by Judge Haywood S. Gilliam, Jr. Granting 96 Stipulation Continuing Hearing on Defendants' 94 Motion to Dismiss Amended Class Action Complaint to December 15, 2016. (ndrS, COURT STAFF) (Filed on 9/15/2016)

1 Barbara A. Rohr SBN 273353
FARUQI & FARUQI, LLP
2 10866 Wilshire Boulevard, Suite 1470
Los Angeles, CA 90024
3 Telephone: [phone]
Facsimile: 424-256-2885
4 E-mail: [e-mail]
5 Nadeem Faruqi (pro hac vice)
Richard W. Gonnello (pro hac vice)
6 Megan M. Sullivan (pro hac vice)
Katherine M. Lenahan (pro hac vice)
7 FARUQI & FARUQI, LLP
685 Third Avenue, 26th Floor
8 New York, NY 10017
Telephone: [phone]
9 Facsimile: 212-983-9331
E-mail: [e-mail]
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[e-mail]
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12 Attorneys for Lead Plaintiff Joseph Tarzia
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John C. Dwyer (136544)
([e-mail])
Jessica Valenzuela Santamaria (220934)
([e-mail])
Amanda A. Main (260814)
([e-mail])
Brett De Jarnette (292919)
([e-mail])
COOLEY LLP
3175 Hanover Street
Palo Alto, California 94304
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants XOMA Corporation,
John W. Varian, Paul D. Rubin, and Kelvin M.
Neu

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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,
Plaintiff,

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v.
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XOMA CORPORATION, JOHN W.
VARIAN, and PAUL D. RUBIN,
Defendants.

Case No. 15-CV-3425 (HSG)
STIPULATION AND ORDER
CONTINUING HEARING ON
DEFENDANTS’ MOTION TO DISMISS
AMENDED CLASS ACTION
COMPLAINT TO DECEMBER 15, 2016
CLASS ACTION
Date: November 3, 2016
Time: 2:00 p.m.
Judge: Hon. Haywood S. Gilliam

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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MTD AMENDED CLASS ACTION COMPLAINT
15-cv-3425 (HSG)

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Lead Plaintiff Joseph Tarzia (“Lead Plaintiff”) and Defendants XOMA Corporation, John

2 W. Varian, Paul D. Rubin, and Kelvin M. Neu (collectively, “Defendants” and together with
3 Lead Plaintiff, the “Parties”), by and through their undersigned counsel, hereby stipulate as
4 follows:
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WHEREAS, on May 24, 2016, the Court entered an Order (ECF No. 83) which set the

6 case management deadlines as follows:
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EVENT
Lead Plaintiff’s deadline to amend the complaint
Defendants’ deadline to file a response to any
amended complaint
Lead Plaintiff’s deadline to file an opposition to an
opposition to any motion filed in response to any
amended complaint
Defendants’ deadline to file a reply in support of any
responsive motion
Hearing on any responsive motion

DATE
July 8, 2016
August 11, 2016
September 15, 2016
September 29, 2016
October 13, 2016

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WHEREAS Lead Plaintiff filed an Amended Class Action Complaint on July 8, 2016

16 (ECF No. 87);
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WHEREAS, on July 22, 2016, the Parties filed a Stipulation and [Proposed] Order to

18 Extend the Case Management Schedule (ECF No. 92) as follows:
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EVENT
Defendants’ deadline to file a joint motion to dismiss
the amended complaint
Lead Plaintiff’s deadline to file an opposition to the
motion to dismiss the amended complaint
Defendants’ deadline to file a reply in support of the
motion to dismiss
Hearing on motion to dismiss

DATE
September 2, 2016
October 28, 2016
December 2, 2016
December 22, 2016

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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MTD AMENDED CLASS ACTION COMPLAINT
15-cv-3425 (HSG)

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WHEREAS, on July 22, 2016 the Court entered an Order Granting in Part and Denying

2 in Part Stipulated Request to Amend Scheduling Order (ECF No. 93) which revised the case
3 management deadlines as follows:
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EVENT
Defendants’ deadline to file a joint motion to dismiss
the amended complaint
Plaintiff’s deadline to file an opposition to the motion
to dismiss the amended complaint

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Defendants’ deadline to file a reply in support of the
motion to dismiss

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Hearing on motion to dismiss

DATE
September 2, 2016
Within five weeks
of the date that
Defendants’ motion
to dismiss is filed
Within two weeks of
the date that
Plaintiff files his
opposition
November 3, 2016

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WHEREAS, on September 2, 2016, Defendants filed their Motion to Dismiss Amended

14 Class Action Complaint (the “Motion to Dismiss”) (ECF No. 94) and related papers;
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WHEREAS, Lead Plaintiff’s counsel is unavailable on November 3, 2016 due to a

16 personal matter;
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WHEREAS, the Parties have agreed to continue the hearing on the Motion to Dismiss

18 from November 3, 2016 to December 15, 2016; and
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NOW THEREFORE, THE FOLLOWING IS HEREBY STIPULATED by and between

20 the Parties, through their respective counsel:
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1. The hearing on Defendants’ motion to dismiss is continued to December 15, 2016 at
2:00 p.m.
IT IS SO STIPULATED.

24 Dated: September 13, 2016

Respectfully submitted,

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By: /s/ Richard W. Gonnello
Richard W. Gonnello

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FARUQI & FARUQI, LLP

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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MTD AMENDED CLASS ACTION COMPLAINT
15-cv-3425 (HSG)

Barbara A. Rohr SBN 273353
10866 Wilshire Boulevard, Suite 1470
Los Angeles, CA 90024
Telephone: [phone]
Facsimile: 424-256-2885
Email: [e-mail]

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Nadeem Faruqi (pro hac vice)
Richard W. Gonnello (pro hac vice)
Megan M. Sullivan (pro hac vice)
Katherine M. Lenahan (pro hac vice)
685 Third Ave., 26th Floor
New York, NY 10017
Telephone: [phone]
Facsimile: 212-983-9331
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Lead Plaintiff Joseph Tarzia
and Lead Counsel for the Class

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13 Dated September 13, 2016,
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COOLEY LLP
By: /s/ Jessica Valenzuela Santamaria
Jessica Valenzuela Santamaria
COOLEY LLP
John C. Dwyer
([e-mail])
Jessica Valenzuela Santamaria
([e-mail])
Amanda A. Main
([e-mail])
Brett De Jarnette (292919)
([e-mail])
3175 Hanover Street
Palo Alto, California 94304
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants XOMA Corporation, John
W. Varian, Paul D. Rubin, and Kelvin M. Neu

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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MTD AMENDED CLASS ACTION COMPLAINT
15-cv-3425 (HSG)

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ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: September 15, 2016____________________________________________
THE HONORABLE HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MTD AMENDED CLASS ACTION COMPLAINT
15-cv-3425 (HSG)

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ATTESTATION (CIVIL LOCAL RULE 5-1(i)(3))
I, Richard W. Gonnello, am the ECF user whose identification and password are being

3 used to file this STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON
4 MOTION TO DISMISS AMENDED CLASS ACTION COMPLAINT. I hereby attest that the
5 other above-named signatories concur in this filing.
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7 DATED: September 13, 2016

By: /s/ Richard W. Gonnello
Richard W. Gonnello

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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MTD AMENDED CLASS ACTION COMPLAINT
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CERTIFICATE OF SERVICE

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I hereby certify that on September 13, 2016, I authorized the electronic filing of the

3 STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MOTION TO
4 DISMISS AMENDED CLASS ACTION COMPLAINT with the Clerk of the Court using the
5 CM/ECF system which will send notice of such filing to counsel of record.
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By: /s/ Richard W. Gonnello
Richard W. Gonnello

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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MTD AMENDED CLASS ACTION COMPLAINT
15-cv-3425 (HSG)