Plant v. Jaguar Animal Health, Inc et al

Filing 24

STIPULATION AND ORDER RE 23 TO SET BRIEFING SCHEDULE. Signed by Judge Richard Seeborg on 3/15/18. (cl, COURT STAFF) (Filed on 3/16/2018)

David E. Bower (SBN 119546)
1 MONTEVERDE & ASSOCIATES PC
2 600 Corporate Pointe, Suite 1170
Culver City, CA 90230
3 Tel: [phone]
Fax: [phone]
4 Counsel for Plaintiff
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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TONY PLANT, Individually and on Behalf
of All Others Similarly Situated,
Plaintiff,

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v.

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Case No. 3:17-cv-04102-RS

JAGUAR ANIMAL HEALTH, INC.,
JAGUAR HEALTH, INC., JAMES J.
BOCHNOWSKI, LISA CONTE, JOHN
MICEK III, and ARI AZHIR,

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STIPULATION TO SET BRIEFING
SCHEDULE AND [PROPOSED] ORDER

Defendants.

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WHEREAS, this case was filed as a putative class action on July 20, 2017 by plaintiff Tony

18 Plant (“Plaintiff”), alleging violations of Section 14(a) and Section 20(a) of the Securities
19 Exchange Act of 1934 and related regulations with respect to disclosures in a joint proxy
20 statement/prospectus (the “Proxy”) soliciting stockholder approval of a merger with Napo
21 Pharmaceuticals, Inc.
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WHEREAS, after the merger closed, on October 3, 2017, Plaintiff moved to be appointed

23 lead plaintiff for the putative class and for appointment of his attorneys as lead counsel pursuant
24 to the Private Securities Litigation Reform Act (“PSLRA”), 15 U.S.C. § 78u-4(a)(3)(B) (the
25 “Motion”).
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WHEREAS, on November 2, 2017, the Parties (Plaintiff and Defendants together) filed a

27 Case Management Statement, scheduling Plaintiff to file an amended complaint within thirty days
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STIPULATION AND [PROPOSED] ORDER

1 after the entry of an Order on Plaintiff’s Lead Motion, and Defendants to respond to the Amended
2 Complaint within sixty days after service.
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WHEREAS, on December 11, 2017, the Court granted Plaintiff’s Lead Motion.

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WHEREAS, on January 10, 2018, Plaintiff filed his Amended Complaint.

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WHEREAS, on March 12, 2018, Defendants filed a Motion to Dismiss pursuant to Federal

6 Rule of Civil Procedure 12(b)(6).
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WHEREAS, the Court has entered a minute order setting the hearing on the Motion to

8 Dismiss on April 19, 2018 at 1:30 pm. Further, the Court set Plaintiff’s response to be due by
9 March 26, 2018 and Defendants’ reply by April 2, 2018.
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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the undersigned

11 counsel for each of the parties hereto as follows:
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1. Plaintiff shall file his response to the Motion to Dismiss on April 23, 2018;

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2. Defendants shall file their reply to the Motion to Dismiss on May 14, 2018; and

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3. The Court shall reset the hearing on the Motion to Dismiss from April 19, 2018 to the

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next available date, which the parties understand to be on June 14, 2018 at 1:30 p.m.,

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or such other date the Court deems appropriate.

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DATED: March 13, 2018

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Respectfully submitted,
/s/ David E. Bower_______________
David E. Bower

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OF COUNSEL
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MONTEVERDE & ASSOCIATES PC
Juan E. Monteverde
The Empire State Building
350 Fifth Avenue, Suite 4405
New York, New York 10118
Tel: [phone]
Fax: [phone]
Email: [e-mail]

David E. Bower SBN 119546
MONTEVERDE & ASSOCIATES PC
600 Corporate Pointe, Suite 1170
Culver City, CA 90230
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Counsel for Plaintiff

Counsel for Plaintiff

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STIPULATION AND [PROPOSED] ORDER

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DATED: March 13, 2018

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/s/ Pamela S. Palmer_____________
Pamela S. Palmer
M. Duncan Grant ([e-mail])
Christopher B. Chuff ([e-mail])
1313 Market Street, Suite 5100
Wilmington, Delaware 19899
Tel: [phone]
-andPamela S. Palmer ([e-mail])
Kevin Crisp ([e-mail])
350 South Grand Avenue
Two California Plaza, Suite 3400
Los Angeles, CA 90071
Tel: [phone]

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Counsel for Defendants

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IT IS SO ORDERED.
Date: 3/15/18

________________________________
RICHARD SEEBORG
United States District Judge

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STIPULATION AND [PROPOSED] ORDER