Hoffman v. Intrexon Corporation et al

Filing 18

STIPULATION AND ORDER [#17] To Extend Time to Respond to Complaint. Signed by Judge Richard Seeborg on 6/29/16. (cl, COURT STAFF) (Filed on 6/29/2016)

Download PDF
1 2 3 4 5 6 7 8 9 NINA F. LOCKER, State Bar No. 123838 Email: nlocker@wsgr.com JEROME F. BIRN, JR., State Bar No. 128561 Email: jbirn@wsgr.com JONI OSTLER, State Bar No. 230009 Email: jostler@wsgr.com NICHOLAS R. MILLER, State Bar No. 274243 Email: nmiller@wsgr.com WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: (650) 493-9300 Facsimile: (650) 565-5100 Attorneys for Defendants Intrexon Corporation, Randal J. Kirk, and Rick L. Sterling 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN FRANCISCO DIVISION 14 15 16 17 18 19 20 21 22 RYAN HOFFMAN, Individually and on behalf of ) ) all others similarly situated, ) ) Plaintiff, ) ) v. ) ) INTREXON CORPORATION, RANDAL J. ) KIRK, and RICK L. STERLING, ) ) Defendants. ) ) ) ) 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT CASE NO.: 3:16-cv-02398-RS CASE NO.: 3:16-cv-02398-RS STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT 1 WHEREAS, on May 3, 2016, Plaintiff Ryan Hoffman individually and on behalf of all 2 others similarly situated, filed a Class Action Complaint for Violations of the Federal Securities 3 Laws (“Complaint”) against Intrexon Corporation (“Intrexon”) and certain of its current 4 executives, Randal J. Kirk and Rick L. Sterling (collectively, “Defendants”); 5 WHEREAS, on May 5, 2016, a substantively similar complaint with the caption Patrick 6 M. Gibrall et al. v. Intrexon et al. (Case No. 3:16-cv-02457-RS) (the “Gibrall Action”) was filed 7 with the Court; 8 9 10 WHEREAS, on June 14, 2016 Plaintiff Hoffman served Intrexon and Intrexon’s response to the Complaint is currently due on July 5, 2016; WHEREAS, this action is governed by the provisions of the Private Securities Litigation 11 Reform Act of 1995 (“PSLRA”), 15 U.S.C. §78u-4 et seq., and the parties anticipate that the 12 Court will consolidate the Gibrall and Hoffman actions and will appoint a lead plaintiff, and that 13 the court-appointed lead plaintiff will file a consolidated complaint superseding previously filed 14 complaints, including the Complaint; and 15 WHEREAS, the parties agree that efficiency for the Court and the parties in proceeding 16 under the PSLRA dictates that responding to the current Complaint should be deferred in light of 17 the foregoing. 18 19 20 21 22 23 24 25 26 27 28 THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the respective parties hereto, that: 1. Wilson Sonsini Goodrich & Rosati PC, counsel for Defendants, has been authorized to, and has, accepted service of the Summons and Complaint in this action on behalf of Defendants Randal J. Kirk and Rick L. Sterling; 2. Defendants shall not be required to, and shall not waive any rights, arguments, or defenses by waiting to answer, move, or otherwise respond to the Complaint in this action. 3. After the appointment of a lead plaintiff pursuant to 15 U.S.C. §78u-4(a)(3)(B), lead plaintiff and Defendants shall promptly meet and confer regarding a schedule for the filing of a consolidated complaint or designation of an operative complaint, and a briefing schedule for STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT CASE NO.: 3:16-cv-02398-RS -1- 1 Defendants’ anticipated motion(s) to dismiss. The parties shall submit a joint stipulation with a 2 proposed schedule no later than ten (10) business days following the appointment of lead 3 plaintiff. 4 4. This Stipulation is entered into without prejudice to any party seeking any interim 5. Nothing in this Stipulation shall be construed as a waiver of any of Defendants’ 5 6 relief. 7 rights or positions in law or in equity, or as a waiver of any defenses that Defendants would 8 otherwise have, including, without limitation, jurisdictional defenses. 9 IT IS SO STIPULATED. 10 11 DATED: June 29, 2016 12 13 WILSON SONSINI GOODRICH & ROSATI PROFESSIONAL CORPORATION /s/ 14 Joni Ostler JONI OSTLER 650 Page Mill Road Palo Alto, CA 94304 Telephone (650) 493-9300 Facsimile: (650) 565-5100 Email: nlocker@wsgr.com jbirn@wsgr.com jostler@wsgr.com nmiller@wsgr.com 15 16 17 18 19 Attorneys for Defendants Intrexon Corporation, Randal J. Kirk, and Rick L. Sterling 20 21 22 DATED: June 29, 2016 THE ROSEN LAW FIRM, P.A. 23 24 25 26 27 28 /s/ Laurence M. Rosen LAURENCE M. ROSEN, ESQ. 355 S. Grand Avenue, Suite 2450 Los Angeles, CA 90071 Telephone: (213) 785-2601 Facsimile (213) 226-4684 Email: lrosen@rosenlegal.com STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT CASE NO.: 3:16-cv-02398-RS -2- 1 [PROPOSED] ORDER 2 GOOD CAUSE HAVING BEEN SHOWN, it is hereby ordered that: 3 1. 4 Defendants shall not be required to, and shall not waive any rights, arguments, or defenses by waiting to answer, move, or otherwise respond to the Complaint in this action. 5 2. After the appointment of a lead plaintiff pursuant to 15 U.S.C. §78u-4(a)(3)(B), 6 lead plaintiff and Defendants shall promptly meet and confer regarding a schedule for the filing 7 of a consolidated complaint or designation of an operative complaint, and a briefing schedule for 8 Defendants’ anticipated motion(s) to dismiss. The parties shall submit a joint stipulation with a 9 proposed schedule no later than ten (10) business days following the appointment of lead 10 plaintiff. 11 3. This Order is entered into without prejudice to any party seeking any interim 4. Nothing in this Order shall be construed as a waiver of any of Defendants’ rights 12 13 relief. 14 or positions in law or in equity, or as a waiver of any defenses that Defendants would otherwise 15 have, including, without limitation, jurisdictional defenses. 16 IT IS SO ORDERED. 17 18 DATED: 6/29/16 19 HONORABLE RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT CASE NO.: 3:16-cv-02398-RS -3-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?