Twinde v. Threshold Pharmaceuticals Inc. et al

Filing 55

ORDER re 54 granting STIPULATION REVISING SCHEDULE FOR DEFENDANTS' RESPONSE TO PLAINTIFF'S CONSOLIDATED SECOND AMENDED COMPLAINT, AND RESCHEDULING HEARING AND CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 2/5/2009 02:00 PM. Motion Hearing set for 2/5/2009 02:00 PM.. Signed by Judge Claudia Wilken on 11/3/08. (scc, COURT STAFF) (Filed on 11/3/2008)

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1 MICHAEL L. CHARLSON (Bar No. 122125) 2 HOGAN & HARTSON LLP 3 525 University Avenue, 2d Floor LAURENCE A. WEISS (Bar No. 164638) Palo Alto, CA 94301 4 Telephone: +1 (650) 463-4000 Facsimile: +1 (650) 463-4199 5 Email: mlcharlson@hhlaw.com;laweiss@hhlaw.com 6 Attorneys for Defendants 8 9 10 11 12 7 HAROLD E. "BARRY" SELICK and JANET I. SWEARSON THRESHOLD PHARMACEUTICALS, INC., UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ) ) ) Plaintiff, ) ) ) v. ) ) THRESHOLD PHARMACEUTICALS, INC., ) HAROLD E. "BARRY" SELICK and JANET I. ) SWEARSON ) ) Defendants. __________________________________________ ) RAYNOLD L. GILBERT, On Behalf of Himself ) and All Others Similarly Situated, ) ) Plaintiff, ) ) v. ) ) THRESHOLD PHARMACEUTICALS, INC., ) HAROLD E. "BARRY" SELICK and JANET I. ) SWEARSON ) ) Defendants. ) JERRY TWINDE, On Behalf of Himself and All Case No.: 4:07-CV-04972-CW CLASS ACTION STIPULATION AND ORDER REVISING SCHEDULE FOR DEFENDANTS' RESPONSE TO PLAINTIFF'S CONSOLIDATED SECOND AMENDED COMPLAINT, AND RESCHEDULING HEARING AND CASE MANAGEMENT CONFERENCE The Honorable Claudia Wilken 13 Others Similarly Situated, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIP & [PROPOSED] ORDER REVISING SCHEDULE FOR DEFS' RESPONSE TO 2ND AM. COMPLAINT AND RESCHEDULING HEARING AND CASE MANAGEMENT CONFERENCE - CASE NO. 4:07-CV-04972-CW \\\033594/000001 - 167 v1 1 WHEREAS on July 11, 2008, the Court issued its order granting defendants' motion to 2 dismiss plaintiff's Consolidated Amended Class Action Complaint, granting lead plaintiff's motion 3 for leave to file an amended complaint within forty-five days, and setting a further case 4 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 Action 7 Complaint, and providing that, upon the filing of the Second Amended Complaint the parties shall 8 submit a schedule for defendants' response to the Second Amended Complaint, and a briefing 9 schedule for defendants' anticipated motion to dismiss which shall include a proposed date for a 10 hearing and a further case management conference; and 11 WHEREAS on September 19, 2008, lead plaintiff timely filed the Consolidated Second 12 Amended Class Action Complaint; and 13 WHEREAS on September 30, 2008, the Court entered a stipulated order providing that 14 defendants shall have to and including November 7, 2008 to file and serve their response to the 15 Second Amended Complaint, and further providing that if defendants respond by motion to dismiss, 16 lead plaintiff shall have to and including December 15, 2008 to file and serve an opposition to 17 defendants' motion, and defendants shall have to and including January 15, 2009 to file and serve a 18 reply to lead plaintiff's opposition; and further providing that the hearing on defendants' motion to 19 dismiss plaintiff's Consolidated Second Amended Class Action Complaint shall be noticed for 20 January 29, 2009 at 2:00 p.m., and the case management conference be continued to January 29, 21 2009 at 2:00 p.m.; and 22 WHEREAS counsel for defendants has requested, and counsel for lead plaintiff has agreed, 23 that the schedule be extended by one week to accommodate defendants' counsel's recent transition 24 to new law offices; and 25 WHEREAS February 5, 2009 is presently showing as an available hearing date on the 26 Court's website; 27 IT IS THEREFORE HEREBY STIPULATED and agreed by and among the undersigned 28 counsel on behalf of their respective clients that, subject to Court order: 2 STIP & [PROPOSED] ORDER REVISING SCHEDULE FOR DEFS' RESPONSE TO 2ND AM. COMPLAINT AND RESCHEDULING HEARING AND CASE MANAGEMENT CONFERENCE - CASE NO. 4:07-CV-04972-CW \\\033594/000001 - 167 v1 1 1. Defendants time to file and serve their response to the Second Amended Complaint shall 2 be extended to and including November 14, 2008; and 3 2. If defendants respond by motion to dismiss, lead plaintiff shall have to and including 4 December 22, 2008 to file and serve an opposition to defendants' motion, and defendants shall have 5 to and including January 22, 2009 to file and serve a reply to lead plaintiff's opposition; and 6 3. The hearing on defendants' motion to dismiss plaintiff's Consolidated Second Amended 7 Class Action Complaint shall be noticed for February 5, 2009 at 2:00 p.m.; and 8 4. The case management conference currently scheduled for January 29, 2009 at 2:00 p.m. 9 shall be continued to February 5, 2009 at 2:00 p.m. 10 11 SO STIPULATED. 12 13 DATED: November 3, 2008 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attorneys for Lead Plaintiff 3 STIP & [PROPOSED] ORDER REVISING SCHEDULE FOR DEFS' RESPONSE TO 2ND AM. COMPLAINT AND RESCHEDULING HEARING AND CASE MANAGEMENT CONFERENCE - CASE NO. 4:07-CV-04972-CW \\\033594/000001 - 167 v1 HOGAN & HARTSON LLP By /s/ Laurence A. Weiss LAURENCE A. WEISS Attorneys for Defendants THRESHOLD PHARMACEUTICALS, INC., HAROLD E. "BARRY" SELICK and JANET I. SWEARSON DATED: November 3, 2008 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: (415) 288-4545 Facsimile: (415) 288-4534 By /s/ Dennis J. Herman DENNIS J. HERMAN 1 2 *** I, Laurence A. Weiss, am the ECF User whose ID and password are being used to file this 3 Stipulation And [Proposed] Order Revising Schedule For Defendants' Response To Plaintiff's 4 Consolidated Second Amended Complaint, And Rescheduling Hearing And Case Management 5 Conference. 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 11 *** ORDER /s/ Laurence A. Weiss LAURENCE A. WEISS 12 PURSUANT TO STIPULATION, and good cause appearing, 13 1. Defendants time to file and serve their response to the Second Amended Complaint shall 14 be extended to and including November 14, 2008; and 15 2. If defendants respond by motion to dismiss, lead plaintiff shall have to and including 16 December 22, 2008 to file and serve an opposition to defendants' motion, and defendants shall have 17 to and including January 22, 2009 to file and serve a reply to lead plaintiff's opposition; and 18 3. The hearing on defendants' motion to dismiss plaintiff's Consolidated Second Amended 19 Class Action Complaint shall be noticed for February 5, 2009 at 2:00 p.m.; and 20 4. The case management conference currently scheduled for January 29, 2009 at 2:00 p.m. 21 shall be continued to February 5, 2009 at 2:00 p.m. 22 23 IT IS SO ORDERED. 24 25 DATED: 11/3/08 26 27 28 4 STIP & [PROPOSED] ORDER REVISING SCHEDULE FOR DEFS' RESPONSE TO 2ND AM. COMPLAINT AND RESCHEDULING HEARING AND CASE MANAGEMENT CONFERENCE - CASE NO. 4:07-CV-04972-CW \\\033594/000001 - 167 v1 ____________________________________________ HONORABLE CLAUDIA WILKEN United States District Court Judge

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