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)

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NINA F. LOCKER, State Bar No. 123838
Email: [e-mail]
JEROME F. BIRN, JR., State Bar No. 128561
Email: [e-mail]
JONI OSTLER, State Bar No. 230009
Email: [e-mail]
NICHOLAS R. MILLER, State Bar No. 274243
Email: [e-mail]
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants Intrexon Corporation,
Randal J. Kirk, and Rick L. Sterling

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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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RYAN HOFFMAN, Individually and on behalf of )
)
all others similarly situated,
)
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Plaintiff,
)
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v.
)
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INTREXON CORPORATION, RANDAL J.
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KIRK, and RICK L. STERLING,
)
)
Defendants.
)
)
)
)

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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

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WHEREAS, on May 3, 2016, Plaintiff Ryan Hoffman individually and on behalf of all

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others similarly situated, filed a Class Action Complaint for Violations of the Federal Securities

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Laws (“Complaint”) against Intrexon Corporation (“Intrexon”) and certain of its current

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executives, Randal J. Kirk and Rick L. Sterling (collectively, “Defendants”);

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WHEREAS, on May 5, 2016, a substantively similar complaint with the caption Patrick

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M. Gibrall et al. v. Intrexon et al. (Case No. 3:16-cv-02457-RS) (the “Gibrall Action”) was filed

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with the Court;

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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

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Reform Act of 1995 (“PSLRA”), 15 U.S.C. §78u-4 et seq., and the parties anticipate that the

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Court will consolidate the Gibrall and Hoffman actions and will appoint a lead plaintiff, and that

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the court-appointed lead plaintiff will file a consolidated complaint superseding previously filed

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complaints, including the Complaint; and

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WHEREAS, the parties agree that efficiency for the Court and the parties in proceeding

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under the PSLRA dictates that responding to the current Complaint should be deferred in light of

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the foregoing.

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the
respective parties hereto, that:
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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

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Defendants’ anticipated motion(s) to dismiss. The parties shall submit a joint stipulation with a

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proposed schedule no later than ten (10) business days following the appointment of lead

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plaintiff.

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This Stipulation is entered into without prejudice to any party seeking any interim

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Nothing in this Stipulation shall be construed as a waiver of any of Defendants’

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relief.

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rights or positions in law or in equity, or as a waiver of any defenses that Defendants would

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otherwise have, including, without limitation, jurisdictional defenses.

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IT IS SO STIPULATED.

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DATED: June 29, 2016

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WILSON SONSINI GOODRICH & ROSATI
PROFESSIONAL CORPORATION
/s/

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Joni Ostler
JONI OSTLER

650 Page Mill Road
Palo Alto, CA 94304
Telephone [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendants Intrexon Corporation,
Randal J. Kirk, and Rick L. Sterling

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DATED: June 29, 2016

THE ROSEN LAW FIRM, P.A.

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/s/

Laurence M. Rosen
LAURENCE M. ROSEN, ESQ.

355 S. Grand Avenue, Suite 2450
Los Angeles, CA 90071
Telephone: [phone]
Facsimile [phone]
Email: [e-mail]
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME
TO RESPOND TO COMPLAINT
CASE NO.: 3:16-cv-02398-RS

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[PROPOSED] ORDER

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GOOD CAUSE HAVING BEEN SHOWN, it is hereby ordered that:

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1.

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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.

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2.

After the appointment of a lead plaintiff pursuant to 15 U.S.C. §78u-4(a)(3)(B),

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lead plaintiff and Defendants shall promptly meet and confer regarding a schedule for the filing

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of a consolidated complaint or designation of an operative complaint, and a briefing schedule for

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Defendants’ anticipated motion(s) to dismiss. The parties shall submit a joint stipulation with a

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proposed schedule no later than ten (10) business days following the appointment of lead

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plaintiff.

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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

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relief.

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or positions in law or in equity, or as a waiver of any defenses that Defendants would otherwise

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have, including, without limitation, jurisdictional defenses.

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IT IS SO ORDERED.

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DATED:

6/29/16

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HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME
TO RESPOND TO COMPLAINT
CASE NO.: 3:16-cv-02398-RS

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