Kovtun v. Vivus, Inc. et al

Filing 29

STIPULATION AND ORDER EXTENDING PAGE LIMITS FOR BRIEFING ON DEFENDANTS' MOTION TO DISMISS AMENDED COMPLAINT AS MODIFIED BY THE COURT re 28 Stipulation filed by Wesley W. Day, Leland F. Wilson, Vivus, Inc. Signed by Judge Phyllis J. Hamilton on 5/25/11. (nah, COURT STAFF) (Filed on 5/25/2011)

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Norman J. Blears (Bar No. 95600)
Michael L. Charlson (Bar No. 122125)
HOGAN LOVELLS US LLP
525 University Avenue, 4th Floor
Palo Alto, California 94301
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
Howard S. Caro (Bar No. 202082)
Benjamin T. Diggs (Bar No. 245904)
HOGAN LOVELLS US LLP
4 Embarcadero Center, 22nd Floor
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]

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Attorneys for Defendants
VIVUS, INC., LELAND F. WILSON, and
WESLEY W. DAY, Ph.D.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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MERLE KOVTUN, Individually and on
Behalf of Others Similarly Situated,,

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Plaintiff,
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v.
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VIVUS, INC., LELAND F. WILSON, and
WESLEY W. DAY, PH.D.,
Defendant.

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Stip. and [Proposed] Order Extending Page
Limits re Briefing on Def.'s Mtn to Dismiss
Amended Cmplt. Case No. 10-cv-4957-PJH
\\\065714/000003 - 95641 v2

Case No. 4:10-cv-04957-PJH
STIPULATION AND [PROPOSED]
ORDER EXTENDING PAGE LIMITS FOR
BRIEFING ON DEFENDANTS’ MOTION
TO DISMISS AMENDED COMPLAINT
AS MODIFIED BY THE COURT
The Honorable Phyllis J. Hamilton

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Pursuant to Local Rule 7-12, lead plaintiff John Ingram and defendants VIVUS, Inc.,

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Leland F. Wilson, and Wesley W. Day, Ph.D. (collectively, the “Parties”), through their

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undersigned counsel, hereby stipulate to and seek the Court’s approval of an order extending the

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page limits for briefing on defendants’ anticipated motion to dismiss the amended complaint.

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RECITALS

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WHEREAS on April 4, 2011, lead plaintiff timely filed the Amended Class Action

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Complaint for Violations of the Federal Securities Laws (Dkt. No. 25) (the “Amended

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Complaint”); and

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WHEREAS, pursuant to the Court’s February 3, 2011 Order setting a schedule for the

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filing of, and response to, the Amended Complaint (Dkt. No. 23), the deadline for defendants to

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move to dismiss the Amended Complaint is June 3, 2011; and

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WHEREAS, the defendants believe that, because of the length of the Amended

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Complaint, defendants will need additional pages in their opening and reply briefs in support of

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their anticipated motion to dismiss to fully respond to the allegations; and

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WHEREAS, lead plaintiff does not oppose an extension of the page limits for defendants’

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opening and reply briefs on the anticipated motion to dismiss to 32 and 22 pages, respectively;

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WHEREAS, defendants do not oppose a corresponding extension of the page limit for

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lead plaintiff’s opposition to defendants’ anticipated motion to dismiss to 35 pages;

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STIPULATION
IT IS THEREFORE STIPULATED AND AGREED by the Parties, through their

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respective counsel of record, that, subject to the Court’s approval, that the page limits for the

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briefing on defendants’ anticipated motion to dismiss will be as follows:

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(a) defendants’ opening brief shall be not longer than 32 pages; and

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(b) lead plaintiff’s opposition to defendants’ motion to dismiss shall be not longer than 35
pages; and

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(c) defendants reply in support of the motion to dismiss shall be not longer than 22 pages.
Stip. and [Proposed] Order Extending Page
Limits re Briefing on Def.'s Mtn to Dismiss
Amended Cmplt. Case No. 10-cv-4957-PJH
\\\065714/000003 - 95641 v2

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SO STIPULATED.

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DATED: May 24, 2011

HOGAN LOVELLS US LLP

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By

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Attorneys for Defendants
VIVUS, INC., LELAND F. WILSON, AND WESLEY
W. DAY, PH.D.

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/s/ Howard S. Caro
HOWARD S. CARO

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DATED: May 24, 2011

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MILLBERG LLP
One California Plaza
300 South Grand Avenue, Suite 3900
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]

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By

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/s/ Azra Mehdi
JEFF S. WESTERMAN
AZRA MEHDI
NICOLE M. DUCKETT

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BROWER PIVEN
DAVID A.P. BROWER
488 Madison avenue
Eighth Floor
New York, New York 10022
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Lead Plaintiff

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Stip. and [Proposed] Order Extending Page
Limits re Briefing on Def.'s Mtn to Dismiss
Amended Cmplt. Case No. 10-cv-4957-PJH
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I, Howard S. Caro, am the ECF User whose ID and password are being used to file this

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Stipulation And [Proposed] Order Extending Page Limits For Briefing on Defendants’ Motion To

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Dismiss Plaintiff’s Amended Complaint. In compliance with General Order 45, X.B., I hereby

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attest that Azra Mehdi has concurred in this filing.

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/s/ Howard S. Caro
HOWARD S. CARO

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***

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ORDER

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PURSUANT TO STIPULATION, and good cause appearing, the page limits for the

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briefing on defendants’ anticipated motion to dismiss will be as follows:
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(a) defendants’ opening brief shall be not longer than 32 pages; and
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(b) lead plaintiff’s opposition to defendants’ motion to dismiss shall be not longer than 35
pages; and
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(c) defendants reply in support of the motion to dismiss shall be not longer than 22 pages.

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IT IS SO ORDERED.

S

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ERED
O ORD
____________________________________________
IT IS S
R NIA

5/25/11
DATED: ____________________

HONORABLE PHYLLIS J. HAMILTON
United States District Court Judgeon
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Stip. and [Proposed] Order Extending Page
Limits re Briefing on Def.'s Mtn to Dismiss
Amended Cmplt. Case No. 10-cv-4957-PJH
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