Twinde v. Threshold Pharmaceuticals Inc. et al

Filing 62

ORDER re 61 granting STIPULATION FOR EXTENDING THE PAGE LIMIT FOR BRIEFING ON MOTION TO DISMISS. Signed by Judge Claudia Wilken on 12/19/08. (scc, COURT STAFF) (Filed on 12/19/2008)

1 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 2 DENNIS J. HERMAN (220163) DANIEL J. PFEFFERBAUM (248631) 3 100 Pine Street, Suite 2600 San Francisco, CA 94111 4 Telephone: [phone] (fax) 5 [e-mail] [e-mail] 6 Lead Counsel for Plaintiffs 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 OAKLAND DIVISION 10 JERRY TWINDE, On Behalf of Himself and ) No. 4:07-cv-04972-CW 11 All Others Similarly Situated, ) ) CLASS ACTION 12 Plaintiff, ) ) 13 vs. ) ) 14 THRESHOLD PHARMACEUTICALS, INC., ) et al., ) 15 ) Defendants. ) 16 ) ) No. 4:07-cv-04971-CW RAYNOLD L. GILBERT, On Behalf of 17 Himself and All Others Similarly Situated, ) ) CLASS ACTION 18 ) Plaintiff, ) 19 ) vs. ) 20 THRESHOLD PHARMACEUTICALS, INC., ) ) et al., 21 ) ) Defendants. 22 ) 23 24 25 26 27 28 STIPULATION AND ORDER FOR EXTENDING THE PAGE LIMIT FOR BRIEFING ON MOTION TO DISMISS

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WHEREAS, lead plaintiff filed his Consolidated Second Amended Class Action Complaint

2 for Violation of the Federal Securities Laws in this action on September 19, 2008 (Dkt. No. 48), and 3 defendants filed a Motion to Dismiss Plaintiffs' Consolidated Second Amended Complaint for 4 Violation of the Federal Securities Laws ("Motion to Dismiss") on November 14, 2008 (Dkt. No. 5 56); 6 WHEREAS, pursuant to Civil Local Rule 7-4(b), lead plaintiff is to have 25 pages to respond

7 to defendants' Motion to Dismiss, due December 22, 2008; 8 WHEREAS, lead plaintiff believes that because of the number and complexity of the issues

9 raised in defendants' Motion to Dismiss, lead plaintiff will need an additional five pages to fully 10 respond to all of defendants' arguments; and 11 WHEREAS, defendants do not oppose an extension of the page limit for lead plaintiff's

12 response to 30 pages. 13 IT IS THEREFORE STIPULATED AND AGREED by lead plaintiff and defendants,

14 through their respective counsel of record, that, subject to the Court's approval, lead plaintiff shall 15 have 30 pages to respond to defendants' Motion to Dismiss. 16 DATED: December 18, 2008 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER FOR EXTENDING PAGE LIMIT FOR BRIEFING ON MOTION TO DISMISS - 4:07-cv-04972-CW -1COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP DENNIS J. HERMAN DANIEL J. PFEFFERBAUM

/s/ DANIEL J. PFEFFERBAUM 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: [phone] (fax) Lead Counsel for Plaintiffs

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DATED: December 18, 2008

HOGAN & HARTSON LLP LAURENCE A. WEISS

/s/ LAURENCE A. WEISS 525 University Avenue, 2nd Floor Palo Alto, CA 94301 Telephone: [phone] (fax) Attorneys for Defendants

I, Daniel J. Pfefferbaum, am the ECF User whose ID and password are being used to file 10 this STIPULATION AND [PROPOSED] ORDER FOR EXTENDING THE PAGE LIMIT FOR BRIEFING AND MOTION TO DISMISS. In compliance with the General Order 45, X.B., I 11 hereby attest that Laurence A. Weiss has concurred in this filing. 12 13 14 15 16 17 * * ORDER PURSUANT TO STIPULATION, lead plaintiff shall have 30 pages to respond to * /s/ DANIEL J. PFEFFERBAUM

18 defendants' Motion to Dismiss. 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER FOR EXTENDING PAGE LIMIT FOR BRIEFING ON MOTION TO DISMISS - 4:07-cv-04972-CW -2C:\DOCUME~1\RebeccaB\LOCALS~1\Temp\3\MetaSave\STP00056336.doc

IT IS SO ORDERED. 12/19/08 DATED: _________________________ ____________________________________ THE HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

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CERTIFICATE OF SERVICE I hereby certify that on December 18, 2008, I electronically filed the foregoing with the Clerk

3 of the Court using the CM/ECF system which will send notification of such filing to the e-mail 4 addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I have 5 mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF 6 participants indicated on the attached Manual Notice List. 7 I certify under penalty of perjury under the laws of the United States of America that the

8 foregoing is true and correct. Executed on December 18, 2008. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ DANIEL J. PFEFFERBAUM COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 100 Pine Street, 26th Floor San Francisco, CA 94111 Telephone: [phone] (fax) E-mail: [e-mail]