Csoka v. Varian et al

Filing 27

STIPULATION AND ORDER re 26 STIPULATION WITH PROPOSED ORDER to Reschedule Case Management Conference filed by Joseph M. Limber, Paul D. Rubin, W. Denman Van Ness, Xoma Corporation, William K. Bowes, Jr, Peter Barton Hutt, Patrick J. Scannon, Timothy P. Wilbert, Jack L. Wyszomierski, John W. Varian. Case Management Statement due by 8/14/2017. Initial Case Management Conference set for 8/23/2017 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on May 5, 2017. (wsn, COURT STAFF) (Filed on 5/5/2017)

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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
JOHN VARIAN, PAUL D. RUBIN, PATRICK J. SCANNON,
WILLIAM K. BOWES, JR., PETER BARTON HUTT,
JOSEPH M. LIMBER, W. DENMAN VAN NESS,
TIMOTHY P. WALBERT, AND JACK L. WYSZOMIERSKI
and Nominal Defendant XOMA CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JEFFREY CSOKA, derivatively on
behalf of XOMA CORPORATION,

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Plaintiff,

Case No. 3:15-CV-05429-JST
STIPULATION AND [PROPOSED] ORDER TO
RESCHEDULE CASE MANAGEMENT
CONFERENCE

v.
Judge:

Honorable Jon S. Tigar

JOHN VARIAN, PAUL D. RUBIN,
PATRICK J. SCANNON, WILLIAM K.
BOWES, JR., PETER BARTON HUTT,
JOSEPH M. LIMBER, W. DENMAN VAN
NESS, TIMOTHY P. WALBERT,
AND JACK L. WYSZOMIERSKI,

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Defendants,

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And

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XOMA CORPORATION,
Nominal Defendant.

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COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO

STIPULATION AND [PROPOSED] ORDER TO
RESCHEDULE CMC
CASE NO. 3:15-CV-05429-JST

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Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Jeffrey Csoka (“Csoka”), Deborah

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A. Fieser (“Fieser”), and Defendants W. Denman Van Ness, William K. Bowes, Jr., Peter Barton

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Hutt, Joseph M. Limber, Kelvin M. Neu, Patrick J. Scannon, John Varian, Timothy P. Walbert,

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Paul D. Rubin, Jack L. Wyszomierski, and Nominal Defendant XOMA Corporation

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(collectively, “Defendants”), by and through their respective counsel, hereby agree and stipulate

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that good cause exists to request an order from the Court rescheduling the Case Management

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Conference currently set for May 17, 2017 in this action and related action at Case No. 3:15-CV-

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05236-JST to August 23, 2017, and to adjust accordingly the related deadlines set forth therein.

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WHEREAS, Joseph Markette (“Markette”) filed a securities class action lawsuit against

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XOMA, John Varian, and Paul Rubin relating to XOMA’s EYEGUARD-B study in the United

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States Court for the Northern District of California, captioned Markette v. XOMA Corp., et. al.,

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3:15-CV-3425-HSG, on July 24, 2015 (the “Securities Action”);

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WHEREAS, Plaintiff Fieser filed a related shareholder derivative action, captioned

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Fieser v. W. Denman Van Ness, et. cal., Case No. 3:15-CV-05236-JST, on November 16, 2015

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(“Fieser Derivative Action”);

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WHEREAS, Csoka filed this related shareholder derivative action in the United States

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Court for the Northern District of California, captioned Csoka v. John Varian, et. cal., Case No.

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3:15-CV-05429-JST, on November 25, 2015 (“Csoka Derivative Action”);

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WHEREAS, as of April 25, 2016, both the Fieser Derivative Action and the Csoka
Derivative Action are before Hon. Jon S. Tigar;
WHEREAS, on May 9, 2016, the Court stayed the Fieser Derivative Action pending
future developments in the Securities Action;
WHEREAS, on May 19, 2016, the Court stayed the Csoka Derivative Action pending
future developments in the Securities Action;

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WHEREAS, on May 24, 2016, the Court in the Securities Action set a briefing schedule

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requiring Markette to file an amended complaint by July 8, 2016, Defendants to respond to the

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amended complaint by August 11, 2016; Markette to file an opposition to the response by

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COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO

2.

STIPULATION AND [PROPOSED] ORDER TO
RESCHEDULE CMC
CASE NO. 3:15-CV-05429-JST

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September 15, 2016, Defendants to file a reply brief by September 29, 2016, and for the hearing

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to be held on October 13, 2016;

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WHEREAS, on July 8, 2016, Markette filed an amended complaint adding for the first
time Kelvin Neu as a defendant;

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WHEREAS, on July 22, 2016, the parties in the Securities Action filed a stipulation to
amend the case management schedule;

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WHEREAS, on July 22, 2016, the Court in the Securities Action granted in part and

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denied in part the parties’ stipulation to amend the case management schedule, requiring

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Defendants to respond to the amended complaint by September 2, 2016; Markette to file an

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opposition to the response by October 7, 2016; Defendants to file a reply brief by October 21,

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2016; and for the hearing to be held on November 3, 2016;

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WHEREAS, the parties filed a stipulation to reschedule the case management conference
in the Fieser Derivative Action on August 16, 2016;

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WHEREAS, on August 19, 2016, this Court ordered the Fieser and Csoka Derivative

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Actions related, extended the stay, and denied Defendants’ stipulation to reschedule the case

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management conference in the Fieser Derivative Action as moot;

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WHEREAS, on September 2, 2016, Defendants filed a motion dismiss the Securities
Action;
WHEREAS, on September 15, 2016, the Court in the Securities Action continued the
hearing to December 15, 2016;
WHEREAS, on October 7, 2016, Plaintiff Markette filed an opposition to Defendants’
motion to dismiss;
WHEREAS, on October 21, 2016, Defendants filed a reply in support of their motion to
dismiss;

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WHEREAS, on December 14, 2016, the Court in the Securities Action vacated the

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hearing previously scheduled for December 15, 2016, and took the pending motion to dismiss

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filings under submission;

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WHEREAS, the Case Management Conference is currently scheduled for May 17, 2017

COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO

3.

STIPULATION AND [PROPOSED] ORDER TO
RESCHEDULE CMC
CASE NO. 3:15-CV-05429-JST

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in both the Fieser and Csoka Derivative Actions;
WHEREAS, the Court in the Securities Action has yet to issue an order on the motion to
dismiss filings;

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WHEREAS, in light of the current stay of both the Fieser and Csoka Derivative Actions

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and the status of the Securities Action, the parties believe it would be a waste of judicial and

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party resources for the Court and the Parties to conduct the Case Management Conference on

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May 17, 2017;

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WHEREAS Fieser, Csoka, and Defendants further agree that the Case Management

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Conference should be rescheduled for August 23, 2017, and all related deadlines adjusted

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accordingly.
NOW THEREFORE, THE FOLLOWING IS HEREBY STIPULATED by and between
the parties, through their respective counsel:
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The Case Management Conference will be rescheduled to August 23, 2017, and

all related deadlines (including ADR deadlines) adjusted accordingly.
IT IS SO STIPULATED.

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Dated: May 2, 2017

COOLEY LLP

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/s/ Jessica Valenzuela Santamaria
Jessica Valenzuela Santamaria (220934)
Attorneys for Defendants JOHN VARIAN, PAUL D.
RUBIN, PATRICK J. SCANNON, WILLIAM K.
BOWES, JR., PETER BARTON HUTT, JOSEPH M.
LIMBER, W. DENMAN VAN NESS, TIMOTHY P.
WALBERT, AND JACK L. WYSZOMIERSKI and
Nominal Defendant XOMA CORPORATION

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COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO

4.

STIPULATION AND [PROPOSED] ORDER TO
RESCHEDULE CMC
CASE NO. 3:15-CV-05429-JST

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Dated: May 2, 2017
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LAW OFFICE OF ADAM R. BERNSTEIN
ADAM BERNSTEIN (132982)

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/s/ Adam Bernstein
Adam Bernstein (132982)

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198 Coffeeberry Dr.
San Jose, CA, 95123
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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THE BROWN LAW FIRM, P.C.
TIMOTHY W. BROWN
127A Cove Road
Oyster Bay Cove, New York 11771
Telephone: [phone]
Email: [e-mail]

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Attorneys for Plaintiff JEFFREY CSOKA

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Dated: May 2, 2017

GREEN & NOBLIN, P.C.

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and

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FEDERMAN & SHERWOOD
WILLIAM B. FEDERMAN

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/s/ Robert S. Green
Robert S. Green (136183)

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Attorneys for Plaintiff DEBORAH A. FIESER

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PURSUANT TO STIPULATION, IT IS SO ORDERED
May 5, 2017
DATED: _____________________

__________________________________________
Honorable Jon S. Tigar
United States District Judge

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COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO

5.

STIPULATION AND [PROPOSED] ORDER TO
RESCHEDULE CMC
CASE NO. 3:15-CV-05429-JST