Jeffrey S.L. Cheah v. Affymetrix, Inc. et al

Filing 15

STIPULATION AND ORDER For the Adjournment of the Initial Case Management Conference. Case Management Conference continued to 8/23/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Case Management Statement due by 8/16/2016. Signed by Judge William H. Orrick on 05/16/2016. (jmdS, COURT STAFF) (Filed on 5/16/2016)

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Leigh A. Parker (170565)
[e-mail]
WEISSLAW LLP
1516 South Bundy Drive, Suite 309
Los Angeles, CA 90025
Telephone: [phone]
Facsimile: 310/209-2348

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Attorneys for Plaintiff Jeffrey S. L. Cheah

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[Additional counsel listed on signature page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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10 JEFFREY S. L. CHEAH, Individually and On
11 Behalf of All Others Similarly Situated,
Plaintiff,

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v.
AFFYMETRIX, INC., JAMI DOVER
NACHTSHEIM, FRANK WITNEY, NELSON
C. CHAN, GARY S. GUTHART, RICCARDO
PIGLIUCCI, MERILEE RAINES, ROBERT H.
TRICE, THERMO FISHER SCIENTIFIC, INC.
and WHITE BIRCH MERGER CO.,

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Defendants.

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Case No. 16-cv-01253-WHO
CLASS ACTION
STIPULATION AND ORDER FOR THE
ADJOURNMENT OF THE INITIAL
CASE MANAGEMENT CONFERENCE
Judge: Honorable William H. Orrick

IT IS HEREBY STIPULATED by and between PLAINTIFF JEFFREY S. L. CHEAH

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(“Plaintiff”) and DEFENDANTS FRANK WITNEY, NELSON CHAN, GARY GUTHART,

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JAMI NACHTSHEIM, RICCARDO PIGLIUCCI, MERILEE RAINES, ROBERT TRICE

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(collectively, the “Individual Defendants”), and AFFYMETRIX, INC. (collectively, the

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“Defendants”), (Plaintiff and Defendants are to be collectively referred to as the “Parties”), by and

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through their attorneys of record, that good cause exists for the Court to accept the following

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proposed schedule based on the following:

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WHEREAS, on March 14, 2016, Plaintiff filed a Class Action Complaint captioned Cheah

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v. Affymetrix, Inc., et al., Case No. 16-cv-01253-WHO (the “Complaint”) in the United States

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District Court, Northern District of California for violations of Section 14(a) and 20(a) of the

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Securities Exchange Act of 1934 (the “Exchange Act”), 15 U.S.C. §§ 78n(a), 78t(a), and SEC

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Rule 14a-9, 17 C.F.R. 240.14a-9, and breaches of fiduciary duties in connection with the proposed
merger between Affymetrix, Inc. and Thermo Fisher Scientific Inc.;

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WHEREAS, Defendants’ Answers to the Complaint are due on May 27, 2016;

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WHEREAS, the Initial Case Management Conference in this matter is set for June 14,

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2016;
WHEREAS, the Parties have reached a preliminary settlement agreement in the abovereferenced matter and are currently conducting confirmatory discovery.
WHEREAS, the Parties desire the adjournment of the deadline for any response to the

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Complaint until after the conclusion of confirmatory discovery;
WHEREAS, the Parties desire the adjournment of the Initial Case Management
Conference until after the conclusion of confirmatory discovery;

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STIPULATION AND ORDER FOR THE ADJOURNMENT OF THE INITIAL CASE
MANAGEMENT CONFERENCE
#88354979v1

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NOW THEREFORE, IT IS HEREBY STIPULATED BY AND AMONG THE PARTIES

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HERETO, THROUGH THEIR COUNSEL OF RECORD, AND SUBJECT TO APPROVAL OF

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THE COURT, AS FOLLOWS:

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1.

The Initial Case Management Conference shall be adjourned to a date to be

determined by the Court; and
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Defendants’ deadline to answer, move to dismiss, or otherwise respond to the

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Complaint shall be adjourned indefinitely, with the parties to confer on a new deadline in the event

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that the settlement is not consummated.

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Stipulated by and between the following:

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DATED: May 13, 2016

WEISSLAW LLP

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By: /s/ Leigh A. Parker
Leigh A. Parker (170565)
[e-mail]
1516 South Bundy Drive, Suite 309
Los Angeles, CA 90025

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Attorneys for Plaintiff Jeffrey S. L. Cheah

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DATED: May 13, 2016

DAVIS POLK & WARDWELL, LLP

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By: /s/ Neal A. Potischman
Neal A. Potischman (SBN 254862)
Micah G. Block (SBN 270712)
Andrew D. Yaphe (SBN 274172)
Jayeeta Kundu (SBN 291599)
1600 El Camino Real
Menlo Park, California 94025
Telephone: [phone]
Facsimile: [phone]

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Counsel for Defendants Affymetrix, Inc., Frank
Witney, Nelson Chan, Gary Guthart, Jami
Nachtsheim, Riccardo Pigliucci, Merilee
Raines, and Robert Trice

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STIPULATION AND ORDER FOR THE ADJOURNMENT OF THE INITIAL CASE
MANAGEMENT CONFERENCE
#88354979v1

Filer’s Attestation

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I, Leigh A. Parker, am the ECF user whose identification and password are being used to

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file this Stipulation and [Proposed] Order for the Adjournment of the Initial Case Management

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Conference. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that all signatories hereto

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concur in this filing.

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/s/ Leigh A. Parker

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STIPULATION AND ORDER FOR THE ADJOURNMENT OF THE INITIAL CASE
MANAGEMENT CONFERENCE
#88354979v1

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IT IS HEREBY ORDERED that
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The Initial Case Management Conference will be adjourned until August 23, 2016.

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In the event that “confirmatory discovery” has not been completed by that date, the

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parties shall state in their Joint Case Management Statement the specifics

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concerning the discovery completed and the anticipated discovery that remains.

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2.

Defendants’ deadline to answer, move to dismiss, or otherwise respond to the

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Complaint shall be adjourned indefinitely, with the parties to confer on a new

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deadline in the event that the settlement is not consummated.

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DATED: May 16, 2016

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Honorable William H. Orrick
United States District Judge

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STIPULATION AND ORDER FOR THE ADJOURNMENT OF THE INITIAL CASE
MANAGEMENT CONFERENCE
#88354979v1