Moran v. Clovis Oncology, Inc. et al

Filing 30

ORDER RE MOTIONS FOR APPOINTMENT OF LEAD PLAINTIFFS AND LEAD COUNSEL. Signed by Judge Richard Seeborg on 2/3/16. (cl, COURT STAFF) (Filed on 2/3/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN MORAN,

Case No. 15-cv-05323-RS

Plaintiff,
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v.
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CLOVIS ONCOLOGY, INC., et al.,

ORDER RE MOTIONS FOR
APPOINTMENT OF LEAD
PLAINTIFFS AND LEAD COUNSEL

United States District Court
Northern District of California

Defendants.
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Pursuant to Civil Local Rule 7-1(b), the motions for appointment of lead plaintiffs and lead

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counsel (Dkt. Nos. 13, 15, and 17) are suitable for disposition without oral argument and the

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hearing set for March 3, 2016 is vacated. Although it appears the parties now do not dispute who

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qualifies as the presumptive lead plaintiffs and their counsel, a motion is pending to transfer this

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action to the District of Colorado, both under the “first-to-file rule” and under 28 U.S.C. §

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1404(a). If that motion is granted, it will be more appropriate to leave any determination as to

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appointment of lead plaintiffs and lead counsel to the discretion of the transferee court.

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Accordingly, the motions are denied without prejudice to renewal in either this court or in the

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District of Colorado, as may be appropriate following a ruling on the motion to transfer.

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IT IS SO ORDERED.

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Dated: February 3, 2016

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______________________________________
RICHARD SEEBORG
United States District Judge