Cooper v. Thoratec Corporation et al

Filing 17

ORDER by Judge Claudia Wilken Granting 16 Stipulation Continuing the Case Management Conference. (ndr, COURT STAFF) (Filed on 4/4/2014)

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Lionel Z. Glancy (#134180)
Michael Goldberg (#188669)
Robert V. Prongay (#270796)
GLANCY BINKOW & GOLDBERG LLP
1925 Century Park East, Suite 2100
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Liaison Counsel for Lead Plaintiff and the Class
Patrick V. Dahlstrom
Leigh Handelman Smollar
POMERANTZ LLP
Ten South La Salle Street, Suite 3505
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

Jeremy A. Lieberman
Lesley F. Portnoy
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, New York 10016
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Lead Counsel for Lead Plaintiff and the Class

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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BRADLEY COOPER, Individually and on
Behalf of All Others Similarly Situated,

CLASS ACTION
Plaintiff,

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Case No. 4:14-cv-00360-CW

STIPULATION AND [PROPOSED] ORDER
CONTINUING THE CASE MANAGEMENT
CONFERENCE

v.
THORATEC CORPORATION, GERHARD
F. BURBACH, TAYLOR C. HARRIS, and
ROXANNE OULMAN
Defendants.

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STIP. TO CONTINUE CMC
4:14-CV-00360-CW

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Plaintiffs and the Defendants in this action hereby stipulate as follows:

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WHEREAS, on March 25, 2014, Plaintiff Bradley Cooper filed a Motion to Appoint

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Lead Plaintiff and Lead Counsel (Dkt. 11);

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WHEREAS, all oppositions to lead plaintiff motions are due on April 8, 2014, and all
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replies to motions for lead plaintiff are due on April 15, 2014 (Dkt. 11);
WHEREAS, the hearing on Plaintiffs’ Motions for Lead Plaintiff is scheduled for May

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15, 2014;

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WHEREAS, on January 27, 2014, the Court set a Case Management Conference to be
conducted on April 23, 2014, ordering the parties to submit a Case Management Statement by
April 16, 2014 (Dkt. 5);

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WHEREAS, this matter is a class action under the federal securities laws and subject to

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the Private Securities Litigation Reform Act of 1995 (PSLRA);
WHEREAS, pursuant to the Court’s direction, the Plaintiffs will file a Consolidated

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Amended Complaint after the Court appoints a Lead Plaintiff and Lead Counsel;

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WHEREAS, pursuant to the PSLRA, all discovery in this case is stayed until the Court
rules on the sufficiency of the Consolidated Amended Complaint (15 U.S.C. §78u-4(b)(3)(B));

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WHEREAS, the parties agree and respectfully submit that a case management conference
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would be premature and not benefit the Court or the parties at this time because discovery is
stayed;

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NOW, THEREFORE, the parties jointly request that the Court take the Case

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Management Conference off calendar and that it be rescheduled, if necessary, after the discovery

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stay is lifted, and further, the Case Management Statement due on April 16, 2014, be deferred

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until one week prior to any Case Management Conference that may be scheduled.

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1.

STIP. TO CONTINUE CMC
4:14-CV-00360-CW

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IT IS SO STIPULATED.

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Dated: April 2, 2014

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GLANCY BINKOW & GOLDBERG LLP
By: s/ Robert V. Prongay
Lionel Z. Glancy
Michael Goldberg
Robert V. Prongay
1925 Century Park East, Suite 2100
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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POMERANTZ LLP
Patrick V. Dahlstrom
Leigh Handelman Smollar
Ten South LaSalle Street, Suite 3505
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: [phone]

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Jeremy A. Lieberman
Lesley F. Portnoy
600 Third Avenue, 20th Floor
New York, New York 10016
Telephone: [phone]
Email: [e-mail]

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Lead Counsel for Proposed Lead Plaintiff

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Dated: April 2, 2014

LATHAM & WATKINS LLP
By: s/ Julian W. Park
Patrick E. Gibbs
Julian W. Park
140 Scott Drive
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Counsel for Defendants Thoratec Corporation,
Gerhard F. Burbach, Taylor C. Harris, and
Roxanne Oulman

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2.

STIP. TO CONTINUE CMC
4:14-CV-00360-CW

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ORDER
Pursuant to the stipulation of the parties, the April 23, 2014 Case Management Conference
is hereby taken off-calendar, to be rescheduled, if necessary, following the lifting of the discovery
stay. No Case Management Statement is currently due.

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IT IS SO ORDERED.

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April 4
Dated: _________________, 2014

_________________________________
Honorable Claudia Wilken
United States District Judge
Northern District of California

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3.

STIP. TO CONTINUE CMC
4:14-CV-00360-CW

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PROOF OF SERVICE VIA ELECTRONIC POSTING PURSUANT TO NORTHEN
DISTRICT OF CALIFORNIA LOCAL RULES AND LOCAL CIVIL RULE 5-1
I, the undersigned, say:
I am a citizen of the United States and am employed in the office of a member of the Bar of
this Court. I am over the age of 18 and not a party to the within action. My business address is1925
Century Park East, Suite 2100, Los Angeles, California 90067.
On April 2, 2014, I caused to be served the following document:
STIPULATION AND [PROPOSED] ORDER CONTINUING THE CASE
MANAGEMENT CONFERENCE
By posting the document to the ECF Website of the United States District Court for the
Northern District of California, for receipt electronically by the parties as reflected on the attached
Court’s Service List.
I certify under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on April 2, 2014, at Los Angeles, California.

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s/ Robert V. Prongay
Robert V. Prongay

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CERTIFICATE OF SERVICE
Page 1

CAND-ECF-

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Lionel Z. Glancy
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Michael M. Goldberg
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Jeremy A Lieberman
[e-mail]
Lesley F. Portnoy
[e-mail]
Robert Vincent Prongay
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4/2/2014 1:55 PM