Twinde v. Threshold Pharmaceuticals Inc. et al

Filing 52

ORDER re 50 granting STIPULATION SETTING SCHEDULE FOR DEFENDANTS' RESPONSE TO PLAINTIFF'S CONSOLIDATED SECOND AMENDED COMPLAINT, AND RESCHEDULING CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 1/29/2009 02:00 PM. Motion Hearing set for 1/29/2009 02:00 PM.. Signed by Judge Claudia Wilken on 9/30/08. (scc, COURT STAFF) (Filed on 9/30/2008)

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1 MICHAEL L. CHARLSON (Bar No. 122125) LAURENCE A. WEISS (Bar No. 164638) 2 J. CHRISTOPHER MITCHELL (Bar No. 215639) HELLER EHRMAN LLP 3 275 Middlefield Road Menlo Park, California 94025-3506 4 Telephone: (650) 324-7000 Facsimile: (650) 324-0638 5 Michael.Charlson@hellerehrman.com Laurence.Weiss@hellerehrman.com 6 Chris.Mitchell@hellerehrman.com 7 Attorneys for Defendants THRESHOLD PHARMACEUTICALS, INC., 8 HAROLD "BARRY" E. SELICK, and JANET I. SWEARSON 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE FOR DEFS' RESPONSE TO 2ND AMENDED COMPLAINT AND RESCHEDULING CASE MANAGEMENT CONFERENCE - CASE NO. CV-07-04972 CW UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION JERRY TWINDE, Plaintiff, vs. THRESHOLD PHARMACEUTICALS, INC., HAROLD "BARRY" E. SELICK, and JANET I. SWEARSON Defendants. Case No. CV-07-04972 CW CLASS ACTION STIPULATION AND ORDER SETTING SCHEDULE FOR DEFENDANTS' RESPONSE TO PLAINTIFF'S CONSOLIDATED SECOND AMENDED COMPLAINT, AND RESCHEDULING CASE MANAGEMENT CONFERENCE 1 WHEREAS on July 11, 2008, the Court issued its order granting defendants' motion 2 to dismiss plaintiff's Consolidated Amended Class Action Complaint, granting lead 3 plaintiff's motion for leave to file an amended complaint within forty-five days, and setting 4 a further case management conference on October 16, 2008 at 2:00 p.m.; and 5 WHEREAS on August 22, 2008, the Court entered a stipulated order providing lead 6 plaintiff to and including September 19, 2008 to file a Consolidated Second Amended Class 7 Action Complaint, and providing that, upon the filing of the Second Amended Complaint 8 the parties shall submit a schedule for defendants' response to the Second Amended 9 Complaint, and a briefing schedule for defendants' anticipated motion to dismiss which 10 shall include a proposed date for a hearing and a further case management conference; and 11 WHEREAS on September 19, 2008, lead plaintiff timely filed the Consolidated 12 Second Amended Class Action Complaint; and 13 WHEREAS counsel for defendants and counsel for lead plaintiff have met and 14 conferred and agreed on a schedule for defendants' response to the Second Amended 15 Complaint, a briefing schedule for defendants' anticipated motion to dismiss, and a 16 proposed date for a hearing and a further case management conference; and 17 WHEREAS January 29, 2009 is presently showing as an available hearing date on 18 the Court's website; 19 IT IS THEREFORE HEREBY STIPULATED and agreed by and among the 20 undersigned counsel on behalf of their respective clients that, subject to Court order: 21 22 23 24 25 26 27 28 1. Defendants shall have to and including November 7, 2008 to file and serve their response to the Second Amended Complaint; and 2. If defendants respond by motion to dismiss, lead plaintiff shall have to and including December 15, 2008 to file and serve an opposition to defendants' motion, and defendants shall have to and including January 15, 2009 to file and serve a reply to lead plaintiff's opposition; and 3. The hearing on defendants' motion to dismiss plaintiff's Consolidated Second Amended Class Action Complaint shall be noticed for January 29, 2009 at 2:00 1 STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE FOR DEFS' RESPONSE TO 2ND AMENDED COMPLAINT AND RESCHEDULING CASE MANAGEMENT CONFERENCE - CASE NO. CV-07-04972 CW 1 2 3 4 p.m.; and 4. The case management conference currently scheduled for October 16, 2008 at 2:00 p.m. shall be continued to January 29, 2009 at 2:00 p.m. 5 SO STIPULATED. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE FOR DEFS' RESPONSE TO 2ND AMENDED COMPLAINT AND RESCHEDULING CASE MANAGEMENT CONFERENCE - CASE NO. CV-07-04972 CW DATED: September 29, 2008 HELLER EHRMAN LLP By /s/ Laurence A. Weiss Laurence A. Weiss 275 Middlefield Road Menlo Park, California 94025-3506 Telephone: (650) 324-7000 Facsimile: (650) 324-0638 Attorneys for Defendants THRESHOLD PHARMACEUTICALS, INC., HAROLD "BARRY" E. SELICK, and JANET I. SWEARSON DATED: September 29, 2008 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP By /s/ Dennis J. Herman Dennis J. Herman 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: (415) 288-4545 Facsimile: (415) 288-4534 Attorneys for Lead Plaintiff 1 2 *** I, Laurence A. Weiss, am the ECF User whose ID and password are being used to 3 file this Stipulation And [Proposed] Order Continuing Hearing Date For Defendants' 4 Motion To Dismiss Consolidated Amended Complaint And Case Management Conference. 5 In compliance with General Order 45, X.B., I hereby attest that Dennis J. Herman has 6 concurred in this filing. 7 8 9 10 /s/ Laurence A. Weiss Laurence A. Weiss *** ORDER 11 PURSUANT TO STIPULATION, and good cause appearing, 12 1. Defendants shall have to and including November 7, 2008 to file and serve their 13 14 15 16 17 18 19 20 21 22 23 24 9/30/08 DATED: ____________________ ____________________________________________ 26 HONORABLE CLAUDIA WILKEN United States District Court Judge 27 25 28 3 STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE FOR DEFS' RESPONSE TO 2ND AMENDED COMPLAINT AND RESCHEDULING CASE MANAGEMENT CONFERENCE - CASE NO. CV-07-04972 CW response to the Second Amended Complaint; and 2. If defendants respond by motion to dismiss, lead plaintiff shall have to and including December 15, 2008 to file and serve an opposition to defendants' motion, and defendants shall have to and including January 15, 2009 to file and serve a reply to lead plaintiff's opposition; and 3. The hearing on defendants' motion to dismiss plaintiff's Consolidated Second Amended Class Action Complaint shall be noticed for January 29, 2009 at 2:00 p.m.; and 4. The case management conference currently scheduled for October 16, 2008 at 2:00 p.m. shall be continued to January 29, 2009 at 2:00 p.m. IT IS SO ORDERED.

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