Curry v. Hansen Medical, Inc. et al

Filing 68

ORDER Granting 64 Stipulation re Filing of Amended Complaint and Defendants' Responses Thereto. Amended Pleadings due by 10/18/2011. Motions due by 11/16/2011. Responses due by 12/9/2011. Replies due by 1/9/2012. Signed by Judge Claudia Wilken on 10/13/2011. (ndr, COURT STAFF) (Filed on 10/13/2011)

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LIONEL Z. GLANCY (#134180)
MICHAEL GOLDBERG (#188669)
EX KANO S. SAMS II (#192936)
ROBERT V. PRONGAY (#270796)
GLANCY BINKOW & GOLDBERG LLP
1801 Avenue of the Stars, Suite 311
Los Angeles, California 90067
Telephone:
[phone]
Facsimile:
[phone]
E-mail:
[e-mail]

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Lead Counsel for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ROBERT CURRY, Individually and on
Behalf of All Others Similarly Situated,

Class Action
Plaintiff,

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v.
HANSEN MEDICAL, INC., FREDERIC H.
MOLL and STEVEN M. VAN DICK,
Defendants.

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No. 5:09-cv-05094-TEH

STIPULATION AND [PROPOSED]
ORDER RE FILING OF AMENDED
COMPLAINT AND DEFENDANTS’
RESPONSES THERETO
Judge: Hon. Thelton E. Henderson

_____________________________________
AND RELATED ACTIONS

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No. 09-cv-05094-TEH
STIPULATION AND [PROPOSED] ORDER RE FILING OF AMENDED COMPLAINT AND DEFENDANTS’ RESPONSES THERETO
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WHEREAS, by Order entered August 25, 2011 (Docket #59), the Court granted Defendants’

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motion to dismiss Plaintiffs’ Second Consolidated Amended Complaint for Violations of the Federal

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Securities Laws without prejudice and provided the Court-appointed Lead Plaintiffs thirty (30) days

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to file an amended complaint;

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WHEREAS, on September 15, 2011, the Court entered a Stipulation and Order (Docket #61)
extending the time for Lead Plaintiffs to file an amended complaint and Defendants’ responses
thereto;
WHEREAS, the Court’s September 15, 2011, Stipulation and Order (Docket #61): (i)

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provided Lead Plaintiffs until October 11, 2011, to file an amended complaint; (ii) provided
Defendants until November 9, 2011, to otherwise respond to Lead Plaintiff’s amended complaint;
and (iii) established dates for filing any opposition and reply briefs in the event Defendants
responded to the amended complaint by filing a motion to dismiss;
WHEREAS, on September 28, 2011, this Action was reassigned from the Honorable Jeremy
Fogel to the Honorable Thelton E. Henderson;

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WHEREAS, on October 6, 2011, certain events transpired that Lead Plaintiffs contend are

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directly relevant to Lead Plaintiffs’ claims and that Lead Plaintiffs contend provides new factual

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information that Lead Plaintiffs anticipate will be substantially included in their forthcoming

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amended complaint; and

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WHEREAS, Lead Plaintiffs have requested additional time for the filing of an amended

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complaint in order for them to make any changes they believe should be made to their amended

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complaint in light of these recent events and Defendants have agreed to Lead Plaintiffs' requested
extension of the deadlines for filing of an amended complaint and Defendants’ responses thereto
contained in the Court’s September 15, 2011, Stipulation and Order (Docket #61) by allowing Lead

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Plaintiffs an additional seven (7) days to file their amended complaint and extending the time for
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Defendants’ responses thereto by an additional seven (7) days, but to leave the remaining dates in
the Court’s prior Stipulation and Order (Docket #61) unchanged.
No. 09-cv-05094-TEH
STIPULATION AND [PROPOSED] ORDER RE FILING OF AMENDED COMPLAINT AND DEFENDANTS’ RESPONSES THERETO
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NOW, THEREFORE, the undersigned parties hereby stipulate and agree, and respectfully
request that the Court enter an Order as follows:

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1.

Lead Plaintiffs shall file an amended complaint on or before October 18, 2011;

2.

Defendants shall file a motion to dismiss the amended consolidated complaint, or

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otherwise respond to the amended complaint on or before November 16, 2011;

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3.

Defendants move to dismiss the forthcoming amended complaint, any opposition

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brief(s) shall be filed on or before December 9, 2011, and any reply brief(s) shall be

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filed on or before on or before January 9, 2012; and

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As set forth in the Court’s prior Stipulation and Order (Docket #61), in the event

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In the event Defendants move to dismiss the forthcoming amended complaint,
Defendants will notice their motion for at least two weeks after January 9, 2012.

IT IS SO STIPULATED.

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DATED: October 7, 2011

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By: s/ Michael Goldberg
Lionel Z. Glancy
Michael Goldberg
Ex Kano S. Sams II
Robert V. Prongay

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GLANCY BINKOW & GOLDBERG LLP

Lead Counsel for Lead Plaintiffs
DATED: October 7, 2011

BINGHAM MCCUTCHEN LLP
By: s/ John D. Pernick
David M. Balabanian (# 37368)
Charlene S. Shimada (# 91407)
John D. Pernick (#1155468)

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Counsel for Defendants Hansen Medical, Inc.,
Frederic H. Moll, Steven M. Van Dick, and Gary C.
Restani
No. 09-cv-05094-TEH
STIPULATION AND [PROPOSED] ORDER RE FILING OF AMENDED COMPLAINT AND DEFENDANTS’ RESPONSES THERETO
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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: October ___ , 2011

By:_________________________________
Claudia Wilken
The Honorable Thelton E. Henderson
United States District Judge

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No. 09-cv-05094-TEH
STIPULATION AND [PROPOSED] ORDER RE FILING OF AMENDED COMPLAINT AND DEFENDANTS’ RESPONSES THERETO
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