Clevlen v. Anthera Pharmaceuticals, Inc. et al
Filing
24
STIPULATION AND ORDER RE 23 Setting Pleading and Briefing Schedule. Signed by Judge Richard Seeborg on 6/5/17. (cl, COURT STAFF) (Filed on 6/5/2017)
1
4
Rosemary M. Rivas (State Bar No. 209147)
Email: rrivas@zlk.com
LEVI & KORSINSKY LLP
44 Montgomery Street, Suite 650
San Francisco, California 94104
Telephone: (415) 291-2420
Facsimile: (415) 484-1294
5
Counsel for Lead Plaintiff Urešomir Čorak
6
[Additional counsel appear on signature page.]
2
3
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
SAN FRANCISCO DIVISION
11
BRIAN CLEVLEN, individually and on
behalf of all others similarly situated,
12
Plaintiff,
13
v.
14
15
ANTHERA PHARMACEUTICALS, INC.,
PAUL F. TRUEX, CRAIG THOMPSON,
MAY LIU and WILLIAM SHANAHAN,
16
Case No.: 3:17-cv-00715-RS
STIPULATION AND [PROPOSED] ORDER
SETTING PLEADING AND BRIEFING
SCHEDULE
Defendants.
Courtroom:
Judge:
3, 17th Floor
Hon. Richard Seeborg
17
18
19
20
21
22
23
24
25
26
27
28
1
STIPULATION AND [PROPOSED] ORDER
SETTING PLEADING AND BRIEFING SCHEDULE
Case No. 3:17-cv-00715-RS
1
Pursuant to Civil Local Rule 6-2 and 7-12, Lead Plaintiff Urešomir Čorak (“Plaintiff”) and
2
defendants Anthera Pharmaceuticals, Inc., Paul F. Truex, Craig Thompson, May Liu, and William
3
Shanahan (“Defendants,” and together with Plaintiff, the “Parties”), by and through their
4
undersigned counsel of record, hereby stipulate to set the pleading and briefing schedule in the
5
above-captioned action.
6
WHEREAS, on February 13, 2017, Brian Clevlen filed a complaint captioned Brian Clevlen
7
v. Anthera Pharmaceuticals, Inc., Paul F. Truex, Craig Thompson, May Liu, and William
8
Shanahan, No. 3:17-cv-00715-RS (the “Action”), a purported class action under the Private
9
Securities Litigation Reform Act of 1995 (the “PSLRA”) alleging violations of the federal
10
securities laws;
11
WHEREAS, on March 10, 2017, the Court entered an order (Dkt. No. 14) approving the
12
Parties’ joint stipulation extending Defendants’ time to respond to the complaint, vacating the Order
13
Setting Initial Case Management Conference and ADR Deadlines entered by the Court on February
14
14, 2017 (Dkt. No. 4), continuing all dates and deadlines pending disposition on Defendants’
15
anticipated motion(s) to dismiss, and ordering that the Initial Case Management Conference shall
16
be held thirty (30) days after an order directing Defendants to file an answer (if any), or as soon
17
as possible thereafter consistent with the Court’s schedule;
18
19
WHEREAS, on April 17, 2017, pursuant to the PSLRA, Plaintiff filed a Motion for
Appointment as Lead Plaintiff and Approval of Counsel (Dkt. No. 16);
20
WHEREAS, on May 18, 2017, the Court entered an order (Dkt. No. 21) appointing Plaintiff
21
as lead plaintiff; and approving Plaintiff’s selection of Levi & Korsinsky LLP as lead counsel; and
22
WHEREAS, the Parties continue to believe that, because the PSLRA stays all discovery,
23
including initial disclosures, pending the disposition of motions to dismiss in securities actions such
24
as this one, it is appropriate to defer the initial case management conference and the completion of
25
initial disclosures until the lead plaintiff has filed a consolidated amended complaint, Defendants
26
have had the opportunity to file any motion to dismiss, and the Court has ruled on Defendants’
27
anticipated motion to dismiss. See, e.g., Medhekar v. United States Dist. Court, 99 F.3d 325, 328-
28
29 (9th Cir. 1996) (holding Fed. R. Civ. P. 26(a)’s initial disclosure requirements are disclosures
2
STIPULATION AND [PROPOSED] ORDER
SETTING PLEADING AND BRIEFING SCHEDULE
Case No. 3:17-cv-00715-RS
1
or other proceedings for purposes of PSLRA’s stay provision, and must be stayed pending
2
disposition of motion to dismiss);
NOW, THEREFORE, the Parties stipulate and agree, subject to the Court’s approval, as
3
4
follows:
5
6
1.
Defendants need not answer, move against or otherwise respond to the complaint in
the Action until Plaintiff files or designates an operative complaint;
7
2.
Plaintiff shall file an Amended Complaint, which will function as the operative
8
complaint, or designate an existing complaint as the operative complaint, on or before July 17,
9
2017;
10
11
3.
complaint on or before September 15, 2017;
12
13
4.
5.
If Plaintiff files opposition papers, Defendants shall file any reply papers on or
before December 15, 2017;
16
17
If Defendants move to dismiss the operative complaint, Plaintiff shall file any
opposition papers on or before November 15, 2017;
14
15
Defendants shall answer, move against, or otherwise respond to the operative
6.
This Stipulation is entered into without prejudice to any party seeking any interim
7.
Nothing in this Stipulation shall be construed as a waiver of any of Defendants’
relief;
18
19
rights or positions in law or equity, or as a waiver of any defenses that Defendants would otherwise
20
have, including, without limitation, jurisdictional defenses; and
21
8.
The Parties do not seek to stipulate to the foregoing schedule for the purpose of
22
delay, and the proposed dates will not have an effect on any pre-trial and trial dates as the Court
23
has yet to schedule these dates.
24
25
26
27
///
28
///
3
STIPULATION AND [PROPOSED] ORDER
SETTING PLEADING AND BRIEFING SCHEDULE
Case No. 3:17-cv-00715-RS
1
WHEREFORE, the Parties respectfully request that this Court issue an order granting the
2
Parties’ request to set a pleading and briefing schedule and related deadlines as set forth herein.
3
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
4
5
Respectfully submitted,
Dated: June 1, 2017
LEVI & KORSINSKY LLP
6
7
8
9
By: /s/ Rosemary M. Rivas
Rosemary M. Rivas
44 Montgomery Street, Suite 650
San Francisco, CA 94104
Tel: (415) 291-2420
Fax: (415) 484-1294
10
Shannon L. Hopkins (to be admitted pro hac vice)
Stephanie A. Bartone (to be admitted pro hac vice)
LEVI & KORSINSKY LLP
733 Summer Street, Suite 304
Stamford, CT 06901
Tel: (203) 992-4523
Fax: (212) 363-7171
Email: shopkins@zlk.com
Email: sbartone@zlk.com
11
12
13
14
15
Counsel for Lead Plaintiff Urešomir Čorak
16
Michael T. Jones (SBN 290660)
mjones@goodwinlaw.com
Lloyd Winawer (SBN 157823)
lwinawer@goodwinlaw.com
Nicholas A. Reider (SBN 296440)
nreider@goodwinlaw.com
GOODWIN PROCTER LLP
135 Commonwealth Drive
Menlo Park, CA 94025-1105
Tel.: (650) 752-3100
Fax: (650) 853-1038
17
18
19
20
21
22
Counsel for Defendants
23
24
25
26
FILER’S ATTESTATION
Pursuant to Civil Local Rule 5-1 regarding signatures, I attest under penalty of perjury that
the concurrence in the filing of this document has been obtained from all signatories.
27
28
/s/ Rosemary M. Rivas
Rosemary M. Rivas
4
STIPULATION AND [PROPOSED] ORDER
SETTING PLEADING AND BRIEFING SCHEDULE
Case No. 3:17-cv-00715-RS
1
*
*
*
2
ORDER
3
4
PURSUANT TO STIPULATION, IT IS SO ORDERED
5
6
7
Dated: 6/5
, 2017
HON. RICHARD SEEBORG
U.S. DISTRICT COURT JUDGE
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
STIPULATION AND [PROPOSED] ORDER
SETTING PLEADING AND BRIEFING SCHEDULE
Case No. 3:17-cv-00715-RS
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?