Huang v. Depomed, Inc. et al

Filing 85

STIPULATION AND ORDER re 84 JOINT STIPULATION AND [PROPOSED] ORDER REGARDING DEADLINE FOR FILING SECOND AMENDED COMPLAINT AND BRIEFING SCHEDULE FOR ANTICIPATED MOTION(S) TO DISMISS filed by Depomed Investor Group. Amended Pleadings due by 5/2/2019. Answer or Motion to Dismiss due by 6/17/2019. Responses due by 8/1/2019. Replies due by 8/30/2019. Signed by Judge Jon S. Tigar on April 2, 2019. (wsnS, COURT STAFF) (Filed on 4/2/2019)

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Adam C. McCall (SBN: 302130)
[e-mail]
Adam M. Apton (SBN: 316506)
[e-mail]
LEVI & KORSINSKY, LLP
44 Montgomery Street, Suite 650
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Nicholas I. Porritt
[e-mail]
LEVI & KORSINSKY, LLP
1101 30th Street N.W., Suite 115
Washington, D.C. 20007
Tel: [phone]
Fax: [phone]
Attorneys for Lead Plaintiff and the Class

Michael A. Mugmon (SBN: 251958)
[e-mail]
Wilmer Cutler Pickering Hale and Dorr LLP
950 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]
Michael G. Bongiorno (admitted pro hac vice)
[e-mail]
Wilmer Cutler Pickering Hale and Dorr LLP
7 World Trade Center
250 Greenwich Street
New York, NY 10007
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendants

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[Additional counsel listed on following page]
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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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INCHEN HUANG, Individually and on Behalf of
All Others Similarly Situated,

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Plaintiff,
v.
ASSERTIO THERAPEUTICS, INC., ARTHUR
JOSEPH HIGGINS, JAMES A. SCHOENECK, and
AUGUST J. MORETTI,
Defendants.

Case No. 3:17-cv-04830-JST
JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING
DEADLINE FOR FILING SECOND
AMENDED COMPLAINT AND
BRIEFING SCHEDULE FOR
ANTICIPATED MOTION(S) TO DISMISS
Judge:

Hon. Jon S. Tigar

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Case No. 3:17-cv-04830-JST
JOINT STIPULATION AND [PROPOSED] ORDER REGARDING DEADLINE FOR FILING
SECOND AMENDED COMPLAINT AND BRIEFING SCHEDULE FOR ANTICIPATED
MOTION(S) TO DISMISS

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WHEREAS, on August 18, 2017, Inchen Huang filed a federal securities class action lawsuit

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against defendants Assertio Therapeutics, Inc. f/k/a Depomed, Inc., Arthur Higgins, James Schoeneck,

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and August Moretti (collectively, the “Defendants”);

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WHEREAS, on December 8, 2017, the Court entered an Order appointing the Depomed

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Investor Group as Lead Plaintiff, and approving Levi & Korsinsky, LLP to serve as Lead Counsel

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(ECF No. 52);

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WHEREAS, on February 6, 2018 Lead Plaintiff filed its First Amended Complaint (ECF No.
61);
WHEREAS, on April 9, 2018 Defendants filed a Motion to Dismiss the First Amended
Complaint (ECF No. 66);
WHERAS, on March 18, 2019 the Court Granted Defendants’ Motion to Dismiss without
prejudice, and gave Lead Plaintiff 21 days to file a Second Amended Complaint (ECF No. 83);
WHEREAS, Lead Plaintiff anticipates filing a Second Amended Complaint and Defendants
anticipate moving to dismiss the anticipated Second Amended Complaint;

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WHEREAS, Lead Plaintiff and Defendants have met and conferred regarding a schedule for

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the filing of a second amended complaint and a briefing schedule for Defendants’ anticipated

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motion(s) to dismiss.

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NOW, THEREFORE, having met and conferred, Lead Plaintiff and Defendants have agreed

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to and respectively submit, for approval by the Court, the following schedule for the filing of and

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responding to an amended complaint:

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1. Lead Plaintiff shall file a second amended complaint by May 2, 2019;

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2. Defendants shall answer or otherwise respond to the second amended complaint by June

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17, 2019;
3. If Defendants move to dismiss the amended complaint, Lead Plaintiff shall file its
opposition(s) by August 1, 2019;
4. Defendants shall file their replies in support of any motion(s) to dismiss by August 30,
2019;
5. Counsel for the parties shall meet and confer to agree on a proposed hearing date in

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Case No. 3:17-cv-04830-JST

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connection with the motion to dismiss the consolidated amended complaint, subject to the

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Court’s availability; and

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6. The initial scheduling date set forth in the Court’s March 18, 2019 Order, ECF No. 83, is

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vacated.
IT IS SO STIPULATED.

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DATED: March 29, 2019

LEVI & KORSINSKY, LLP
/s/ Adam C. McCall
Adam C. McCall (SBN 302130)
Adam M. Apton (SBN 316506)
Nicholas I. Porritt (admitted pro hac vice)

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Attorneys for Lead Plaintiff and the Class

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DATED: March 29, 2019

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WILMER CUTLER PICKERING
HALE & DORR LLP
/s/ Michael A. Mugmon
Michael A. Mugmon (SBN: 251958)
Michael G. Bongiorno (admitted pro hac vice)

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Attorney for Defendants

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED:

April 2, 2019

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HONORABLE JON S. TIGAR
UNITED STATES DISTRICT JUDGE

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Case No. 3:17-cv-04830-JST

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SIGNATURE ATTESTATION

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I am the ECF User whose identification and password are being used to file the foregoing Joint

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Stipulation and Proposed Order. In compliance with Local Rule 5-1(i)(3), I hereby attest that the other

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signatories have concurred in this filing.

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Dated: March 29, 2019_______

By: /s/ Adam C. McCall
Adam C. McCall (SBN: 302130)
LEVI & KORSINSKY, LLP
44 Montgomery Street, Suite 650
San Francisco, California 94104

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Attorneys for Lead Plaintiffs and the Class

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Case No. 3:17-cv-04830-JST