Pardi v. Tricida, Inc. et al
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. Granting 122 Stipulation REGARDING BRIEFING SCHEDULE FOR MOTION TO DISMISS. Motions due by 2/6/2023. (ndr, COURT STAFF) (Filed on 1/19/2023)
Case 4:21-cv-00076-HSG Document 123 Filed 01/19/23 Page 1 of 4
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Sara B. Brody (SBN 130222)
sbrody@sidley.com
Sarah A. Hemmendinger (SBN 298659)
shemmendinger@sidley.com
SIDLEY AUSTIN LLP
555 California Street, Suite 2000
San Francisco, CA 94104
Telephone: 415 772 1279
Matthew J. Dolan (SBN 291150)
mdolan@sidley.com
SIDLEY AUSTIN LLP
1001 Page Mill Road, Building 1
Palo Alto, CA 94304
Telephone: 650 565 7106
Robin E. Wechkin (admitted pro hac vice)
rwechkin@sidley.com
SIDLEY AUSTIN LLP
8426 316th Place Southeast
Issaquah, WA 98027
Telephone: 415 439 1799
Attorneys for Defendant Gerrit Klaerner
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MICHAEL PARDI, Individually and On Behalf
of All Others Similarly Situated,
Plaintiff,
vs.
TRICIDA, INC., and GERRIT KLAERNER,
Defendant.
Case No. 4:21-cv-00076-HSG
CLASS ACTION
STIPULATION AND ORDER
REGARDING BRIEFING SCHEDULE
FOR MOTION TO DISMISS
Assigned to: Hon. Haywood S. Gilliam, Jr.
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STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE FOR MOTION TO DISMISS
CASE NO. 4:21-CV-00076-HSG
Case 4:21-cv-00076-HSG Document 123 Filed 01/19/23 Page 2 of 4
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Pursuant to Federal Rule of Civil Procedure 15, Civil Local Rule 7-12, Lead Plaintiff
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Michael Pardi (“Lead Plaintiff”) and Defendant Gerrit Klaerner (“Klaerner”) by and through their
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undersigned counsel, enter into the following stipulation (the “Stipulation”).
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WHEREAS:
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1.
On December 7, 2022, Lead Plaintiff, Defendant Tricida, Inc. (“Tricida”) and
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Klaerner (together, “Defendants”) filed a stipulation in which Defendants consented to the filing of
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Lead Plaintiff’s Proposed Second Amended Complaint, and reserved all rights to challenge the
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Second Amended Complaint on any grounds (ECF No. 111). The stipulation also set forth a
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proposed briefing schedule for the Motion to Dismiss.
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2.
On December 9, 2022, the Court granted the parties’ Stipulation. Under the
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stipulated briefing schedule, Defendants’ Motion to Dismiss (“MTD”) the Second Amended
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Complaint is due on Monday, January 23, 2023, Lead Plaintiff’s opposition to the MTD is due
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March 9, 2023, and Defendants’ reply is due April 10, 2023. (ECF No. 112).
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3.
On January 12, 2023, Tricida filed a Notice of Bankruptcy Filing and Imposition of
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the Automatic Stay (ECF No. 120). The Notice sets forth that on January 11, 2023, Tricida filed a
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voluntary petition for relief under chapter 11 of title 11 of the United States Code in the United
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States Bankruptcy Court for the District of Delaware, and that pursuant to section 362 of the
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Bankruptcy Code an automatic stay was placed into effect. See ECF No. 120.
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4.
In light of the automatic stay, this stipulation is submitted only on behalf of Klaerner
and Lead Plaintiff.
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On January 13, 2023, the Court issued an order directing Lead Plaintiff to show cause
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why the case should not be administratively closed in light of the notice of bankruptcy filing and
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imposition of the automatic stay (ECF No. 121). Lead Plaintiff’s response to the Court’s show cause
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order is due by January 27, 2023. Id.
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6.
Counsel for Lead Plaintiff and for Klaerner have met and conferred regarding the
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briefing schedule for the MTD and have agreed to shift all MTD briefing deadlines out by two
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weeks so that the MTD deadline falls after Lead Plaintiff’s response to the show cause order on
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STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE FOR MOTION TO DISMISS
CASE NO. 4:21-CV-00076-HSG
Case 4:21-cv-00076-HSG Document 123 Filed 01/19/23 Page 3 of 4
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January 27, 2023. Under the modified schedule, Klaerner’s MTD would be due on February 6,
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2023. There is good cause for this modification to the schedule—a short extension will allow the
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parties to obtain clarity as to the shape of the case moving forward, including regarding how Lead
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Plaintiff intends to proceed in light of Tricida’s bankruptcy filing and the Court’s show cause order.
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This modification to the schedule will not affect any other case deadlines, all of which were vacated
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by prior Stipulation and Order (ECF No. 112).
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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, and respectfully
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requested, by and among the parties hereto, through their undersigned counsel of record, the that
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Court order as follows:
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1.
The deadline for Klaerner’s motion to dismiss is extended to February 6, 2023;
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2.
Lead Plaintiff shall file its opposition within 45 days of the filing of the MTD;
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3.
Klaerner shall file his reply within 30 days of the filing of Lead Plaintiff’s opposition
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to the MTD.
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Date: January 19, 2023
Respectfully submitted,
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SIDLEY AUSTIN LLP
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By: /s/ Sara B. Brody
Sara B. Brody (SBN 130222)
Matthew J. Dolan (SBN 291150)
Robin E. Wechkin (admitted pro hac vice)
Sarah A. Hemmendinger (SBN 298659)
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Attorneys for Defendant Gerrit Klaerner
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STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE FOR MOTION TO DISMISS
CASE NO. 4:21-CV-00076-HSG
Case 4:21-cv-00076-HSG Document 123 Filed 01/19/23 Page 4 of 4
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By: /s/ Jacob A. Walker
Jacob A. Walker (SBN 271217)
BLOCK & LEVITON LLP
400 Concar Drive
San Mateo, CA 94402
(650) 781-0025 phone
jake@blockleviton.com
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Jeffrey C. Block, pro hac vice
Michael D. Gaines, pro hac vice
BLOCK & LEVITON LLP
260 Franklin Street, Suite 1860
Boston, MA 02110
(617) 398-5600 phone
(617) 507-6020 fax
jeff@blockleviton.com
michael@blockleviton.com
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Attorneys for Lead Plaintiff Jeffrey M. Fiore
and the Class
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated: 1/19/2023
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Honorable Haywood S. Gilliam, Jr.
United States District Judge
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STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE FOR MOTION TO DISMISS
CASE NO. 4:21-CV-00076-HSG
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