Moran v. Clovis Oncology, Inc. et al

Filing 12

STIPULATION AND ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE, RESET RELATED DEADLINES, AND EXTEND DEFENDANTS TIME TO RESPOND TO THE COMPLAINT AS MODIFIED BY THE COURT. Case Management Conference previously set for 2/18/2016 Continued to 5/12/2016 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 1/7/16. (cl, COURT STAFF) (Filed on 1/7/2016)

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STRADLING YOCCA CARLSON & RAUTH, P.C.
John F. Cannon (SBN 149263)
Aaron Humes (SBN 272141)
90 New Montgomery Street, Suite 1015
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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[Additional counsel on signature page]

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Attorneys for Defendants Clovis Oncology, Inc.,
Patrick J. Mahaffy, and Erle T. Mast

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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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JOHN MORAN, INDIVIDUALLY AND ON
BEHALF OF ALL OTHERS SIMILARLY
SITUATED,

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Plaintiff,
v.
CLOVIS ONCOLOGY, INC., PATRICK J.
MAHAFFY, and ERLE T. MAST,
Defendants.

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Case No. 3:15-cv-05323-RS
Assigned to Hon. Richard Seeborg
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE THE INITIAL
CASE MANAGEMENT
CONFERENCE, RESET RELATED
DEADLINES, AND EXTEND
DEFENDANTS’ TIME TO RESPOND
TO THE COMPLAINT
AS MODIFIED BY THE COURT

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WHEREAS, on November 20, 2015, Plaintiff John Moran (“Plaintiff”) filed a putative class

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action complaint (“Complaint”) in the above-captioned action against defendants Clovis Oncology,

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Inc., Patrick J. Mahaffy, and Erle T. Mast (collectively, “Defendants”) alleging violations of

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Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (“Exchange Act”), 15 U.S.C. §§

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78j(b) and 78t(a), and Securities and Exchange Commission (“SEC”) Rule 10b-5 promulgated

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thereunder, 17 C.F.R. § 240.10b-5.

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WHEREAS, on December 4, 2015, Plaintiff sent service waivers to Defendants.

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WHEREAS, this action is subject to the Private Securities Litigation Reform Act of 1995

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(“PSLRA”). See 15 U.S.C. § 78u-4(a)(1). Under the PSLRA, the Court will appoint a lead plaintiff

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and lead counsel for the plaintiffs. 15 U.S.C. § 78u-4(a)(3)(B). After the lead plaintiff has been
STIPULATION AND [PROPOSED] ORDER
Case No. 3:15-cv-05323-RS

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appointed, he or she will serve a consolidated amended complaint or designate a pending complaint

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as the operative complaint.

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WHEREAS, the following related actions also arising under the Exchange Act and the

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PSLRA have been filed in the United States District Court for the District of Colorado alleging

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similar claims and facts against some or all of the same Defendants:

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1.

Medina v. Clovis Oncology, Inc., et al., Case No. 1:15-cv-2546 (D. Colo.; Filed

November 19, 1015);
2.

Kimbro v. Clovis Oncology, Inc., et al., Case No. 1:15-cv-2547 (D. Colo.; Filed

November 19, 2015); and
3.

Rocco v. Clovis Oncology, Inc., et al., Case No. 1:15-cv-2697 (D. Colo.; Filed

December 14, 2015).

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WHEREAS, the parties anticipate filing a motion or stipulation to consolidate this action and

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the three related actions referenced above, as well as any other subsequently-filed related action, into

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a single action either before this Court or the United States District Court for the District of

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Colorado.

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WHEREAS, the parties agree that, in the interest of efficiency and the conservation of

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resources, Defendants’ deadline to file a responsive pleading to the Complaint should be extended

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until after the appointment of a lead plaintiff and lead counsel.

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WHEREAS, the parties believe that, in order to avoid the needless waste of the Court’s and

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the parties’ resources, it would be prudent to defer the initial case management conference and

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related deadlines (including ADR deadlines) until after the appointment of lead plaintiff and lead

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counsel.

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED as follows:

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1.

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Defendants Clovis Oncology, Inc., Patrick J. Mahaffy, and Erle T. Mast accept

service in this action.
2.

Defendants’ deadline to file a responsive pleading to the Complaint is vacated and

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further, that, within 10 days following appointment of a lead plaintiff and lead counsel, the parties

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will confer and submit a proposed scheduling order to the Court which includes deadlines for (1)
STIPULATION AND [PROPOSED] ORDER
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lead plaintiff to serve a consolidated complaint, and (2) Defendants to file any responsive pleadings.

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3.

The case management conference presently scheduled for February 18, 2016, along

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with any associated deadlines under the Federal Rules of Civil Procedure and Local Rules (including

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ADR deadlines), is hereby continued to May 12, 2016 at 10:00 a.m.

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4.

This stipulation is entered into without prejudice to any party seeking any interim

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No party is waiving any rights, claims, or defenses of any kind except as expressly

relief.

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stated herein, and the parties reserve the right to seek further extensions of time as circumstances

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may warrant.

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6.

The parties have not sought any other extensions of time in this action.

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7.

The parties do not seek to reset these dates for the purpose of delay.

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DATED: January 5, 2016

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THE ROSEN LAW FIRM, P.A.

STRADLING YOCCA CARLSON & RAUTH,
P.C.

/s/ Laurence M. Rosen______________
Laurence M. Rosen (SBN 219683)
355 South Grand Avenue, Suite 2450
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
[e-mail]

/s/ Aaron C. Humes________________
John F. Cannon (SBN 149263)
Aaron Humes (SBN 272141)
90 New Montgomery Street, Suite 1015
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorney for Plaintiff John Moran

WILLKIE FARR & GALLAGHER LLP
Tariq Mundiya (to be admitted Pro Hac Vice)
Todd G. Cosenza (to be admitted Pro Hac Vice)
787 Seventh Avenue
New York, NY 10019
Telephone: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants Clovis Oncology, Inc.,
Patrick J. Mahaffy, and Erle T. Mast
SIGNATURE ATTESTATION
I am the ECF User whose identification and password are being used to file the foregoing
STIPULATION AND [PROPOSED] ORDER
Case No. 3:15-cv-05323-RS

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Stipulation and [Proposed] Order to Continue the Initial Case Management Conference, Reset

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Related Deadlines, and Extend Defendants’ Time to Respond to the Complaint. In compliance with

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Civil Local Rule 5.1, I hereby attest that the other signatory has concurred in this filing.

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DATED: January 5, 2016

STRADLING YOCCA CARLSON &
RAUTH, P.C.
By: /s/ Aaron C. Humes
Aaron C. Humes

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STIPULATION AND [PROPOSED] ORDER
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[PROPOSED] O R D E R

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Pursuant to stipulation, IT IS SO ORDERED.

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_____________________________
The Honorable Richard Seeborg
United States District Judge

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DATED: January 7, 2016

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STIPULATION AND [PROPOSED] ORDER
Case No. 3:15-cv-05323-RS