Kuc v. LION BIOTECHNOLOGIES, INC. et al

Filing 12

ORDER DISMISSING CASE. Signed by Judge Susan Illston on 7/20/17. (tfS, COURT STAFF) (Filed on 7/21/2017)

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POMERANTZ LLP
Jennifer Pafiti (SBN 282790)
468 North Camden Drive
Beverly Hills, CA 90210
Telephone:
[phone]
[e-mail]
(additional counsel on signature page)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
)
)
AMRA KUC, Individually and on Behalf of )
)
All Others Similarly Situated,
)
)
Plaintiff,
)
)
v.
)
LION BIOTECHNOLOGIES, INC., MANISH )
)
SINGH, MICHAEL HANDELMAN, and
)
ELMA HAWKINS
)
)
Defendants.
)
)

No. 3:17-cv-02188-SI
NOTICE OF VOLUNTARY
DISMISSAL
CLASS ACTION
JUDGE: Hon. Susan Illston

TO: ALL PARTIES AND THEIR COUNSEL OF RECORD

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WHEREAS, the above-captioned action, Kuc v. Lion Biotechnologies, Inc. et al., 3:17-

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cv-02188-SI (“Kuc”), filed in the United States District Court for the Northern District of

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California on April 19, 2017, is a putative securities class action on behalf of a class consisting

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of all persons other than Defendants who purchased or otherwise acquired common shares of

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Lion Biotechnologies, Inc. between November 14, 2013 and April 10, 2017, seeking to recover

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compensable damages caused by Defendants’ violations of the federal securities laws and to

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pursue remedies under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule

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10b-5 promulgated thereunder (Dkt. No. 1 at ¶ 1);

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NOT. OF VOLUNTARY DISMISSAL
3:17-cv-02188-SI

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WHEREAS, on April 14, 2017, prior to the filing of the Kuc action, a substantially similar

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action was filed in the United States District Court for the Northern District of California, under

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style of Desilvio v. Lion Biotechnologies, Inc. et al., 3:17-cv-02086-SI (“Desilvio”), alleging

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identical claims against the same Defendants, on behalf of the same putative class described in

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the Kuc action (Desilvio Dkt. No. 1 at ¶ 1);

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WHEREAS, the Desilvio action remains pending at the time of this submission;

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WHEREAS, no Defendant in the Kuc action has served an answer or motion for summary

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judgment; and
WHEREAS, due to the pendency of the Desilvio action, dismissal of the Kuc action will
not prejudice members of the class described in the two actions;

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NOTICE IS HEREBY GIVEN that, pursuant to Federal Rule of Civil Procedure

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41(a)(1)(A), Plaintiff Amra Kuc hereby voluntarily dismisses the above-captioned action, without

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prejudice, as to all defendants.

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Dated: July 20, 2017

Respectfully submitted,
POMERANTZ LLP
/s/ Jennifer Pafiti
Jennifer Pafiti (SBN 282790)
468 North Camden Drive
Beverly Hills, CA 90210
Telephone:
[phone]
[e-mail]

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POMERANTZ LLP
Jeremy A. Lieberman
J. Alexander Hood II
600 Third Avenue, 20th Floor
New York, New York 10016
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]

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Counsel for Plaintiff
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NOT. OF VOLUNTARY DISMISSAL
3:17-cv-02188-SI

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PROOF OF SERVICE

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I hereby certify that on July 30, 2017, a copy of the foregoing was filed electronically and

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served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by

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e-mail to all parties by operation of the Court’s electronic filing system or by mail to anyone

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unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may

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access this filing through the Court’s CM/ECF System.

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/s/ Jennifer Pafiti
Jennifer Pafiti

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NOT. OF VOLUNTARY DISMISSAL
3:17-cv-02188-SI

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
)
)
AMRA KUC, Individually and on Behalf of )
)
All Others Similarly Situated,
)
)
Plaintiff,
)
)
v.
)
LION BIOTECHNOLOGIES, INC., MANISH )
)
SINGH, MICHAEL HANDELMAN, and
)
ELMA HAWKINS
)
)
Defendants.
)
)
)

No. 3:17-cv-02188-SI
[PROPOSED] ORDER OF
DISMISSAL
CLASS ACTION
JUDGE: Hon. Susan Illston

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WHEREAS, the above-captioned action, Kuc v. Lion Biotechnologies, Inc. et al., 3:1714

cv-02188-SI (“Kuc”), filed in the United States District Court for the Northern District of

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California on April 19, 2017, is a putative securities class action on behalf of a class consisting
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of all persons other than Defendants who purchased or otherwise acquired common shares of
Lion Biotechnologies, Inc. between November 14, 2013 and April 10, 2017, seeking to recover
compensable damages caused by Defendants’ violations of the federal securities laws and to
pursue remedies under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule
10b-5 promulgated thereunder (Dkt. No. 1 at ¶ 1);
WHEREAS, on April 14, 2017, prior to the filing of the Kuc action, a substantially similar
action was filed in the United States District Court for the Northern District of California, under
style of Desilvio v. Lion Biotechnologies, Inc. et al., 3:17-cv-02086-SI (“Desilvio”), alleging
identical claims against the same Defendants, on behalf of the same putative class described in
the Kuc action (Desilvio Dkt. No. 1 at ¶ 1);
WHEREAS, the Desilvio action remains pending;

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[PROPOSED] ORDER OF DISMISSAL
3:17-cv-02188-SI

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WHEREAS, no Defendant in the Kuc action has served an answer or motion for summary
judgment; and
WHEREAS, due to the pendency of the Desilvio action, dismissal of the Kuc action will
not prejudice members of the class described in the two actions;

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IT IS HEREBY ORDERED THAT:

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The Kuc action is dismissed without prejudice as to all Defendants.

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SO ORDERED.

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July 20
Dated: ___________________, 2017
San Francisco, California

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Honorable Susan Illston
United States District Judge
Northern District of California

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[PROPOSED] ORDER OF DISMISSAL
3:17-cv-02188-SI