Pardi v. Tricida, Inc. et al

Filing 208

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING 207 Stipulation to Extend Case Deadlines by 30 Days. Motions or Status Report due by 2/28/2025. (ndr, COURT STAFF) (Filed on 1/27/2025)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 Sara B. Brody (SBN 130222) sbrody@sidley.com Sarah A. Hemmendinger (SBN 298659) shemmendinger@sidley.com Sarah E. Gallo (SBN 335544) sgallo@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 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 18 19 20 21 22 MICHAEL PARDI, Individually and On Behalf of All Others Similarly Situated, Plaintiff, vs. TRICIDA, INC., and GERRIT KLAERNER, Case No. 4:21-cv-00076-HSG CLASS ACTION JOINT STIPULATION AND ORDER TO EXTEND CASE DEADLINES BY 30 DAYS Assigned to: Hon. Haywood S. Gilliam, Jr. Defendant. 23 24 25 26 27 28 JOINT STIPULATION AND ORDER TO EXTEND CASE DEADLINES BY 30 DAYS CASE NO. 4:21-CV-00076-HSG 1 Lead Plaintiff Jeffrey Fiore (“Lead Plaintiff”) and Defendant Gerrit Klaerner (“Defendant” 2 and together with Lead Plaintiff, the “Parties”) by and through their undersigned counsel, hereby 3 stipulate as follows: 4 5 WHEREAS, on November 13, 2024, the Parties filed a Joint Notice of Pending Settlement (Dkt. 201) and a Joint Motion for a Stay to Facilitate Settlement (Dkt. 202). 6 WHEREAS, on November 13, 2024, the Court granted the Parties’ stay motion, and ordered 7 that all proceedings in this matter, including all discovery and case deadlines shall be stayed pending 8 finalization of the settlement documentation and a ruling on Lead Plaintiff’s Motion for Preliminary 9 Approval of Settlement (Dkt. 204). The Order stated that if the Motion for Preliminary Approval of 10 Settlement is not filed by December 30, 2024, the Parties shall file a joint status report regarding the 11 status of settlement. Id. 12 WHEREAS, on December 30, 2024 the Parties filed a Joint Stipulation to extend the 13 deadline for Lead Plaintiff to file the Motion for Preliminary Approval of Settlement or for the 14 Parties to file a joint report regarding the status of settlement by an additional 30 days to January 29, 15 2025 (Dkt. 205). 16 WHEREAS, on December 30, 2024, the Court granted the Parties’ stipulation and ordered 17 the deadline for Lead Plaintiff to file the Motion for Preliminary Approval of Settlement or for the 18 Parties to file a joint report regarding the status of settlement be extended by an additional 30 days to 19 January 29, 2025 (Dkt. 206). 20 WHEREAS, Lead Plaintiff sent Defendant a draft Stipulation of Settlement and 21 accompanying exhibits on December 3, 2024 and the parties have exchanged drafts in the 22 intervening time. 23 24 WHEREAS, Lead Plaintiff sent Defendant a draft of a confidential opt-out agreement on January 9, 2025. 25 WHEREAS, Defendant is still reviewing the draft documents Lead Plaintiff sent and 26 evaluating what bankruptcy approvals, if any, are required in light of the bankruptcy of former 27 defendant Tricida, Inc. 28 WHEREAS, the Parties have met and conferred and agree that it would serve the interests of 1 JOINT STIPULATION AND ORDER TO EXTEND CASE DEADLINES BY 30 DAYS CASE NO. 4:21-CV-00076-HSG 1 efficiency and conserve resources to extend the current January 29, 2025 deadline for Plaintiffs to 2 file the Motion for Preliminary Approval of Settlement or for the Parties to file a joint report 3 regarding the status of settlement by an additional 30 days to February 28, 2025. 4 5 NOW THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE, pursuant to Civil L.R. 6-2, by and through their undersigned counsel: 6 1. The January 29, 2025 deadline either for Lead Plaintiff to file a Motion for Preliminary 7 Approval of Settlement or for the Parties to file a joint report regarding the status of the 8 settlement shall be extended by 30 days to February 28, 2025. 9 10 11 Date: January 27, 2025 Respectfully submitted, SIDLEY AUSTIN LLP 12 By: /s/ Sara B. Brody Sara B. Brody (SBN 130222) Attorneys for Defendant Gerrit Klaerner 13 14 15 16 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 17 18 19 20 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 21 22 23 24 25 26 Attorneys for Lead Plaintiff Jeffrey M. Fiore and the Class 27 28 2 JOINT STIPULATION AND ORDER TO EXTEND CASE DEADLINES BY 30 DAYS CASE NO. 4:21-CV-00076-HSG 1 LOCAL RULE 5-1 ATTESTATION 2 I, Sara B. Brody, am the ECF User whose ID and password are being used to file this 3 Stipulation and [Proposed] Order. In compliance with Local Rule 5-1(i)(3), I hereby attest that the 4 other signatory to this document concurred in the filing of this document. 5 6 Date: January 27, 2025 By: /s/ Sara B. Brody Sara B. Brody 7 8 9 PURSUANT TO STIPULATION, IT IS SO ORDERED. 10 11 Dated: 1/27/2025 12 Honorable Haywood S. Gilliam, Jr. United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 JOINT STIPULATION AND ORDER TO EXTEND CASE DEADLINES BY 30 DAYS CASE NO. 4:21-CV-00076-HSG

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