Ohren v. Amyris, Inc. et al

Filing 20

ORDER TO STAY ADR DEADLINES, AND VACATE INITIAL CASE MANAGEMENT CONFERENCE granting 19 STIPULATION. Signed by Judge William H. Orrick on 07/21/2017. (jmdS, COURT STAFF) (Filed on 7/21/2017)

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Rosemary M. Rivas (State Bar No. 209147)
Email: [e-mail]
LEVI & KORSINSKY LLP
44 Montgomery Street, Suite 650
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Movant Robert E. Lapp
and Proposed Lead Counsel for the Class

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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KEVIN OHREN, Individually and on behalf of all
others similarly situated,
Plaintiff,

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v.

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AMYRIS, INC., JOHN G. MELO, and
KATHLEEN VALIASEK,

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Defendants.

Case No. 3:17-cv-02210-WHO
STIPULATION AND ORDER TO STAY
ADR DEADLINES, AND VACATE
INITIAL CASE MANAGEMENT
CONFERENCE
Judge: Hon. William H. Orrick
Crtrm.: 2, 17th Floor

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WHEREAS, Plaintiff Kevin Ohren filed his complaint in this securities class action on April 20,

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2017;
WHEREAS, the Court issued an Initial Case Management Scheduling Order (the “Order”) with
ADR Deadlines on April 20, 2017 (see ECF 7);
WHEREAS, the Order required the parties to meet and confer regarding initial disclosures, early
settlement, ADR process selection, and discovery plan by July 18, 2017;
WHEREAS, the Order required the parties to file a Joint ADR Certification with Stipulation to
ADR Process or Notice of Need for ADR Phone Conference by July 18, 2017;

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WHEREAS, the Order states that the last day to complete initial disclosures or state objections in

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the Rule 26(f) Report, file the Case Management Statement and file/serve the Rule 26(f) report is August

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1, 2017;

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Case No. 3:17-cv-02210-WHO
STIPULATION AND ORDER TO STAY ADR DEADLINES, AND VACATE INITIAL CASE
MANAGEMENT CONFERENCE

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WHEREAS, the Initial Case Management Conference is scheduled for August 8, 2017 at 2:00
p.m.;

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WHEREAS, pursuant to the Securities Exchange Act of 1934 (as amended by the Private

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Securities Litigation Reform Act of 1995) (see 15 U.S.C. § 78u-4(a)(3)(i)(II)) and Civ.L.R. 23(b), on June

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19, 2017, Robert E. Lapp (“Lapp”), individually, and Daniel Wheeless and Prettam Modur, as a group,

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filed competing motions for appointment as lead plaintiff and approval of selection of counsel, and a

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hearing on the motion is set for August 9, 2017 (see ECF 11, 15);

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WHEREAS, Daniel Wheeless and Prettam Modur noticed their non-opposition to Movant Lapp’s

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motion for appointment as lead plaintiff and approval of selection of counsel on June 28, 2017 (see ECF

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17), and therefore, the parties anticipate the Court will appoint Movant Lapp as the lead plaintiff;

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WHERAS, following appointment of lead plaintiff, an Amended Complaint will be filed and

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Defendants Amyris, Inc., John G. Melo, and Kathleen Valiasek (“Defendants”) anticipate that they will

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likely move to dismiss said Amended Complaint;

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WHEREAS, the filing of a motion to dismiss the Amended Complaint will require the lead
plaintiff to file an opposition, which, in turn, will necessitate a reply from Defendants;

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WHEREAS, pursuant to the terms of the Securities Exchange Act (as amended by the PSLRA)

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(see 15 U.S.C. § 78u-4(b)(3)(B)), all discovery is currently stayed pending resolution of any motion to

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dismiss filed by Defendants;

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WHEREAS, Movant Lapp and Defendants, through counsel, have conferred and agree that the

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deadlines set forth in the Order should be stayed pending the Court’s disposition of Defendants’

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anticipated motion to dismiss; and

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WHEREAS, the parties also agree that the initial case management conference, now set to occur
before the hearing on the appointment of the lead plaintiff, should be vacated;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, SUBJECT TO
APPROVAL BY THIS COURT, by these parties, through counsel, as follows:
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The deadline to meet and confer regarding initial disclosures, early settlement, ADR

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process selection, and discovery plan is stayed until the Court’s disposition of the Defendants’ anticipated

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motion to dismiss;

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2
STIPULATION AND ORDER TO STAY ADR DEADLINES, AND VACATE INITIAL CASE
MANAGEMENT CONFERENCE

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2.

The deadline to file a Joint ADR Certification with Stipulation to ADR Process or Notice

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of Need for ADR Phone Conference is stayed until the Court’s disposition of the Defendants’ anticipated

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motion to dismiss;

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3.

The deadline to complete initial disclosures or state objections in the Rule 26(f) Report,

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file the Case Management Statement, and file/serve the Rule 26(f) report is stayed until the Court’s

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disposition of Defendants’ anticipated motion to dismiss;

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4.

The initial case management conference, currently scheduled for August 8, 2017 is

vacated.

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SO STIPULATED.
Dated: July 21, 2017

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LEVI & KORSINSKY LLP
By: /s/ Rosemary M. Rivas
Rosemary M. Rivas
44 Montgomery Street, Suite 650
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Movant Robert E. Lapp
and Proposed Lead Counsel for the Class

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Dated: July 21, 2017

KEKER, VAN NEST & PETERS, LLP
By: /s/ Michael D. Celio
Michael D. Celio
633 Battery Street
San Francisco, CA 94111-1809
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendants

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ATTESTATION

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I, Rosemary M. Rivas, am the ECF User whose identification and password are being used to

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file this Stipulation and [Proposed] Order to Stay ADR Deadlines and Vacate Initial Case

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Management Conference. In compliance with Local Rule 5-1(i)(3), I hereby attest that counsel for

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Defendants, Michael D. Celio, concurs in this filing.

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STIPULATION AND ORDER TO STAY ADR DEADLINES, AND VACATE INITIAL CASE
MANAGEMENT CONFERENCE

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/s/ Rosemary M. Rivas
Rosemary M. Rivas

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STIPULATION AND ORDER TO STAY ADR DEADLINES, AND VACATE INITIAL CASE
MANAGEMENT CONFERENCE

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[PROPOSED] ORDER

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Based on the parties’ stipulation and the good cause described therein, the Court GRANTS

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the stipulation. The deadline to meet and confer regarding initial disclosures, early settlement, ADR

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process selection, and discovery plan; and the deadline to file a Joint ADR Certification with Stipulation

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to ADR Process or Notice of Need for ADR Phone Conference; and the deadline to complete initial

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disclosures or state objections in the Rule 26(f) Report, file the Case Management Statement and

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file/serve the Rule 26(f) report, are stayed until the Court’s disposition of the Defendants’ anticipated

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motion to dismiss. The initial case management conference, currently scheduled for August 8, 2017 is

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vacated.

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IT IS SO ORDERED.

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DATED: July 21, 2017

______________________________
Hon. William H. Orrick
United States District Judge

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STIPULATION AND ORDER TO STAY ADR DEADLINES, AND VACATE INITIAL CASE
MANAGEMENT CONFERENCE