Curry v. Hansen Medical, Inc. et al

Filing 76

ORDER Granting 71 Stipulation Re Defendants' Responses to Third Amended Complaint. Motions due by 1/19/2012. Responses due by 2/27/2012. Replies due by 3/23/2012. Motion Hearing set for 4/19/2012 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 11/1/2011. (ndr, COURT STAFF) (Filed on 11/1/2011)

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BINGHAM MCCUTCHEN LLP
David M. Balabanian (SBN 37368)
[e-mail]
Charlene S. Shimada (SBN 91407)
[e-mail]
John D. Pernick (SBN 155468)
[e-mail]
Three Embarcadero Center
San Francisco, CA 94111-4067
Telephone: [phone]
Attorneys for Defendants
Hansen Medical, Inc., Fredrick H. Moll, Steven M. Van
Dick and Gary C. Restani

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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,
Plaintiff,
v.

Case No. 09-cv-5094 CW
STIPULATION AND [PROPOSED]
ORDER RE DEFENDANTS’
RESPONSES TO THIRD AMENDED
COMPLAINT

HANSEN MEDICAL INC., FREDERICK H.
MOLL, STEVEN M. VAN DICK, and GARY C.
RESTANI, and CHRISTOPHER SELLS,
Defendants.

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STIPULATION AND [PROPOSED] ORDER RE DEFENDANTS’ RESPONSES TO THIRD AMENDED
COMPLAINT

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WHEREAS, by Order entered August 25, 2011 (Docket No. 59), the Court granted

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Defendants’ motion to dismiss Plaintiffs’ Second Consolidated Amended Complaint for

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Violations of the Federal Securities Laws without prejudice and provided the Court-appointed

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Lead Plaintiffs thirty (30) days to file an amended complaint;

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WHEREAS, on September 15, 2011, the Court entered a Stipulation and Order (Docket

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No. 61) extending the time for Lead Plaintiffs to file an amended complaint and Defendants’

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responses thereto;

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WHEREAS, on September 28, 2011, this Action was reassigned from the Honorable
Jeremy Fogel to the Honorable Thelton E. Henderson (Docket No. 62);
WHEREAS, on October 12, 2011, this Action was reassigned from the Honorable
Thelton E. Henderson to the Honorable Claudia Wilken (Docket No. 66);
WHEREAS, on October 13, 2011, the Court entered a Stipulation and Order (Docket
No. 68) further extending the time for Lead Plaintiffs to file an amended complaint;
WHEREAS, the Court’s October 13, 2011, Stipulation and Order (Docket No. 68)

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provides that (i) Lead Plaintiffs shall file an amended complaint on or before October 18, 2011;

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(ii) Defendants shall file a motion to dismiss the amended consolidated complaint, or otherwise

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respond to the amended complaint on or before November 16, 2011; (iii) in the event Defendants

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move to dismiss the forthcoming amended complaint, any opposition brief(s) shall be filed on or

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

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9, 2012; and (iv) in the event Defendants move to dismiss the forthcoming amended complaint,

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Defendants will notice their motion for at least two weeks after January 9, 2012;

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WHEREAS, on October 18, 2011, Lead Plaintiffs filed a Third Consolidated Amended

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Complaint for Violations of the Federal Securities Laws (“Third Amended Complaint”) (Docket

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No. 69);

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WHEREAS, the Third Amended Complaint names Christopher Sells (“Sells”) as an
additional defendant in this Action;
WHEREAS, the parties have met and conferred regarding the impact of the addition of
Sells as a defendant on the previously agreed upon schedule for motions to dismiss and are in
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STIPULATION AND [PROPOSED] ORDER RE DEFENDANTS’ RESPONSES TO THIRD AMENDED
COMPLAINT

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agreement that all of the Defendants’ responses to the Third Amended Complaint, including that

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of Sells, should be subject to the same briefing schedule;

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WHEREAS, counsel for Sells has indicated that, as part of the parties’ process for setting

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an agreed upon schedule for responses to the Third Amended Complaint, Sells will agree to

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waive personal service of the Third Amended Complaint pursuant to Federal Rule of Civil

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Procedure 4(d)(3) and is therefore entitled to sixty (60) days within which to file a motion to

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dismiss or otherwise respond to the Third Amended Complaint;

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NOW, THEREFORE, the undersigned parties hereby stipulate and agree, and
respectfully request that the Court enter an Order as follows:
1. Defendants shall file motions to dismiss the Third Amended Complaint, or otherwise
respond to the Third Amended Complaint on or before January 9, 2012;

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3. In the event Defendants move to dismiss the Third Amended Complaint, any

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opposition brief(s) shall be filed on or before February 27, 2012, and any reply brief(s) shall be

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filed on or before March 23, 2012; and

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4. The hearing on any motions to dismiss the Third Amended Complaint shall be set for
April 19, 2012 at 2:00 p.m., or as soon as available thereafter.
IT IS SO STIPULATED.

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DATED: October 27, 2011

BINGHAM MCCUTCHEN LLP
David M. Balabanian
Charlene S. Shimada
John D. Pernick
Three Embarcadero Center
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415.393.2286
By:

/s/ John D. Pernick
John D. Pernick

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Attorneys for Defendants Frederic H. Moll, Steven
M. Van Dick, Gary C. Restani and Hansen Medical,
Inc.

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STIPULATION AND [PROPOSED] ORDER RE DEFENDANTS’ RESPONSES TO THIRD AMENDED
COMPLAINT

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DATED: October 27, 2011

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By:

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HOWARD RICE NEMEROVSKI CANADY
FALK & RABKIN
A Professional Corporation
Sarah A. Good
Jeremy T. Kamras
Three Embarcadero Center, Seventh Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415.217.5910
/s/ Sarah A. Good
Sarah A. Good

Attorneys for Defendant Christopher Sells.
DATED: October 27, 2011

GLANCY BINKOW & GOLDBERG LLP
Michael Goldberg
Ex Kano S. Sams II
Robert Prongay
1801 Avenue of the Stars, Suite 311
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: 410.201.9160
By:

/s/ Michael Goldberg
Michael Goldberg

Lead Counsel for Lead Plaintiffs.

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STIPULATION AND [PROPOSED] ORDER RE DEFENDANTS’ RESPONSES TO THIRD AMENDED
COMPLAINT

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
November 1
DATED: __________________, 2011

Hon. Claudia Wilken
United States District Judge

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STIPULATION AND [PROPOSED] ORDER RE DEFENDANTS’ RESPONSES TO THIRD AMENDED
COMPLAINT