Brian B. Sand & Zachary B. Sand Joint Trust v. Biotechnology Value Fund, L.P. et al

Filing 39

STIPULATION AND ORDER to Continue Case Management Conference and Enlarge Time to File Case Management Statement. Initial Case Management Conference set for 10/28/2016 at 01:30 PM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 9/28/16. (cl, COURT STAFF) (Filed on 9/28/2016)

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Robert B. Hawk (Bar No. 118054)
HOGAN LOVELLS US LLP
4085 Campbell Avenue, Suite 100
Menlo Park, CA 94025
Telephone: + 1 [phone]
Facsimile: + 1 [phone]
[e-mail]

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--Additional Attorneys Listed On Signature Page--

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Attorneys for Defendants
BIOTECHNOLOGY VALUE FUND, L.P.,
BIOTECHNOLOGY VALUE FUND II, L.P.,
INVESTMENT 10, L.L.C.
MSI BVF SPV, LLC,
BVF PARTNERS, L.P.,
BVF INC., and
MARK N. LAMPERT

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Ian D. Berg
Takeo A. Kellar
ABRAHAM, FRUCHTER & TWERSKY, LLP
11622 El Camino Real, Suite 100
San Diego, CA 92130
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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--Additional Attorneys Listed On Signature Page--

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Attorneys for Plaintiff

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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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BRIAN B. SAND & ZACHARY B. SAND
JOINT TRUST
Plaintiff,
v.
BIOTECHNOLOGY VALUE FUND, L.P., ET
AL.,

Case No. 3:16-CV-01313-RS
ORDER
STIPULATED REQUEST TO
CONTINUE CASE MANAGEMENT
CONFERENCE AND ENLARGE
TIME TO FILE CASE
MANAGEMENT STATEMENT
The Hon. Richard Seeborg

Defendants.

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STIPULATED REQUEST TO CONTINUE CMC AND
ENLARGE TIME TO FILE CASE MANAGEMENT STATEMENT
CASE NO. 3:16-CV-01313-RS

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WHEREAS, the parties submitted a joint request to continue the Case Management
Conference originally scheduled for June 16, 2016 (Dkt. 25);

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WHEREAS, the Court continued the Case Management Conference until October 27,
2016 at 10:00 a.m. (Dkt. 26);

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WHEREAS, the motion hearing on Defendants’ motion to dismiss the complaint was
initially scheduled for October 27, 2016 at 1:30 p.m. (Dkt. 31);

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WHEREAS, the Court continued the motion hearing on Defendants’ motion to dismiss
the complaint until October 28, 2016 at 1:30 p.m. (Dkt. 32);

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WHEREAS, counsel for Plaintiff and counsel for Defendants will be traveling from New

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York to appear at the Case Management Conference on October 27, 2016 and the hearing on

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Defendants’ motion to dismiss the amended complaint on October 28, 2016;

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WHEREAS, counsel for Plaintiff and counsel for Defendants have conferred and, in the

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interest of the economy of the parties, Plaintiff and Defendants seek an order continuing the

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October 27, 2016 Case Management Conference by one day, until October 28, 2016 at 10:00

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a.m.;

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WHEREAS, the proposed change would postpone by one day the parties’ October 6, 2016

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deadline to meet and confer under Federal Rule of Civil Procedure 26(f), the parties’ October 20,

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2016 deadline to file a joint case management statement under Federal Rule of Civil Procedure

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26(f)(2), and the parties’ October 20, 2016 deadline to exchange initial disclosures under Federal

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Rule of Civil Procedure 26(a)(1)(C);

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IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned

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attorneys for Plaintiff and the undersigned attorneys for Defendants, that the parties respectfully

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request, pursuant to Local Rules 6-2, 7-12, and 16-2, that the case schedule be changed as

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follows:

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1. The Case Management Conference currently scheduled for October 27, 2016 at
1:30 p.m.
10:00 a.m. shall be re-set for October 28, 2016 at 10:00 a.m.;

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2. The October 6, 2016 deadline for the parties to meet and confer under Federal

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STIPULATED REQUEST TO CONTINUE CMC AND
ENLARGE TIME TO FILE CASE MANAGEMENT STATEMENT
CASE NO. 3:16-CV-01313-RS

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Rule of Civil Procedure 26(f) shall be re-set for October 7, 2016;

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3. The October 20, 2016 deadline for the parties to file the joint Case Management

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Statement under Federal Rule of Civil Procedure 26(f)(2) shall be re-set for

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October 21, 2016; and

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4. The October 20, 2016 deadline for the parties to exchange initial disclosures under

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Federal Rule of Civil Procedure 26(a)(1)(C) shall be re-set for October 21, 2016.

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HOGAN LOVELLS US LLP

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Dated: September 26, 2016

By:

/s/ Robert B. Hawk_____
Robert B. Hawk
4085 Campbell Avenue, Suite 100
Menlo Park, CA 94025
Telephone: + 1 [phone]
Facsimile: + 1 [phone]
[e-mail]

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Dennis H. Tracey, III (admitted pro hac vice)
Derek Musa (admitted pro hac vice)
875 Third Avenue
New York, NY 10022
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendants Biotechnology
Value Fund, L.P., Biotechnology Value
Fund II, L.P., Investment 10, L.L.C., MSI
BVF SPV, LLC, BVF Partners, L.P., BVF
Inc., and Mark N. Lampert

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STIPULATED REQUEST TO CONTINUE CMC AND
ENLARGE TIME TO FILE CASE MANAGEMENT STATEMENT
CASE NO. 3:16-CV-01313-RS

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ABRAHAM, FRUCHTER & TWERSKY, LLP

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Dated: September 26, 2016

By:

/s/ Cassandra Porsch_______ __________
Ian D. Berg
Takeo A. Kellar
11622 El Camino Real, Suite 100
San Diego, CA 92130
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Jack G. Fruchter (admitted pro hac vice)
Cassandra Porsch (admitted pro hac vice)
One Penn Plaza, Suite 2805
New York, NY 10119
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated: ________________, 2016
9/28

By: _________________________________
Hon. Richard J. Seeborg, U.S.D.J.

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[PROPOSED] ORDER
CASE NO. 3:16-CV-01313-RS