Curry v. Hansen Medical, Inc. et al

Filing 17

STIPULATION AND ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE (approving 16 ). The Case Management Conference set for 3/19/2010 is VACATED. Signed by Judge Jeremy Fogel on 3/12/2010. (jflc2, COURT STAFF) (Filed on 3/12/2010)

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LIONEL Z. GLANCY (#134180) PETER A. BINKOW (#173848) MICHAEL GOLDBERG (#188669) GLANCY BINKOW & GOLDBERG LLP 1801 Avenue of the Stars, Suite 311 Los Angeles, California 90067 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Lead Counsel for Lead Plaintiffs Mina Farr and Nader Farr

**E-Filed 3/12/2010**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ROBERT CURRY, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. HANSEN MEDICAL, INC., FREDERIC H. MOLL and STEVEN M. VAN DICK, Defendants. _____________________________________ AND RELATED ACTIONS. Lead Case No. 5:09-cv-05094-JF -----------------STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE Current CMC Date: March 19, 2010 Time: 10:30 AM Judge: Hon. Jeremy Fogel

STIPULATION WHEREAS on October 23, 2009, the first of three federal securities class actions against Hansen Medical, Inc. and certain Individual Defendants was filed in this Court: Curry v. Hansen Medical, Inc., et al., Case No. C-09-05094-JF (N.D. Cal. Oct. 23, 2009) (Doc. #1); WHEREAS on October 23, 2009, the Court entered an Order Setting Initial Case Management Conference and ADR Deadlines (Doc. #5) setting deadlines for, among other
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things, the parties to meet and confer regarding ADR process selection and filing an ADR Certification, as well as scheduling an Initial Case Management Conference ("CMC") for March 19, 2010 at 10:30 AM, and setting deadlines for associated pre-conference filings, including the Case Management Statement, Rule 26(f) Report and Initial Disclosures; WHEREAS by Order dated January 25, 2010 (Doc #11), the Court entered a stipulation and order setting the time for filing of an amended complaint and Defendants' responses, which provides, inter alia, that the Court-appointed lead plaintiff(s) shall have sixty days from entry of the order designating lead plaintiff(s) to file an amended complaint in this proceeding and that the time within which Defendants must answer, move or otherwise respond to the complaint in this action is extended until sixty days after service on Defendants of an amended complaint; WHEREAS by Order dated February 25, 2010 (Doc. #15), these three federal securities class actions were consolidated in this Court; WHEREAS by Order dated February 25, 2010 (Doc. #15), the Court appointed Mina Farr and Nader Farr as Lead Plaintiffs ("Lead Plaintiffs") and Glancy Binkow & Goldberg LLP as Lead Counsel ("Lead Counsel"); WHEREAS pursuant to the Private Securities Litigation Reform Act (the "PSLRA"), 15 U.S.C. § 78u-4(b)(3)(B), all discovery and other proceedings are stayed during the pendency of any motion to dismiss absent a finding that particularized discovery is necessary to preserve evidence or to prevent undue prejudice; WHEREAS the counsel for Defendants and Lead Counsel have conferred and believe that in light of the provisions of 15 U.S.C. § 78u-4(b)(3)(B) and in the interests of judicial economy, the currently scheduled CMC and related filings set forth in the Court's October 23, 2009, Order Setting Initial Case Management Conference and ADR Deadlines (Doc. #5) are premature at this stage of the litigation and should be continued until the Court has ruled on any motion to dismiss the forthcoming consolidated amended complaint; THEREFORE IT IS STIPULATED AND AGREED that:
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1.

The CMC, currently scheduled for March 19, 2010, shall be continued until

another date that is convenient for the Court after the Court has ruled on any motion to dismiss the forthcoming consolidated amended complaint; 2. All deadlines set forth in the Court's October 23, 2009 Order Setting Initial Case

Management Conference and ADR deadline (Doc. #5) shall be continued consistently therewith, including the deadlines for the parties to meet and confer regarding ADR process selection and filing an ADR Certification, and the deadlines for associated pre-conference filings, including the Case Management Statement, Rule 26(f) Report and Initial Disclosures.

IT IS SO STIPULATED. DATED: March 11, 2010 GLANCY BINKOW & GOLDBERG LLP By: /s/ Peter A. Binkow Peter A. Binkow Lead Counsel for Lead Plaintiffs

DATED: March 11, 2010

BINGHAM MCCUTCHEN LLP By: /s/ Charlene S. Shimada David M. Balabanian (# 37368) Charlene S. Shimada (# 91407) John D. Pernick (#155468) Counsel for Defendants Hansen Medical, Inc., Fredric H. Moll and Steven M. Van Dick

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3/12/2010 DATED: __________ , 2010 IT IS SO ORDERED.

-- ----P -- S ----] [P-RO--O--ED--ORDER

By:_________________________________ The Honorable Jeremy Fogel United States District Court Judge

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I, Peter A. Binkow, am the ECF user whose identification and password are being used to file the Stipulation and [Proposed] Order Continuing Initial Case Management Conference. In compliance with General Order 45.X.B, I hereby attest that Charlene S. Shimada has concurred in this filing.

GLANCY BINKOW & GOLDBERG LLP By: /s/ Peter A. Binkow Peter A. Binkow

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PROOF OF SERVICE BY ELECTRONIC POSTING PURSUANT TO NORTHERN DISTRICT OF CALIFORNIA LOCAL RULES AND ECF GENERAL ORDER NO. 45 AND BY MAIL ON ALL KNOWN NON-REGISTERED PARTIES 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 is 1801 Avenue of the Stars, Suite 311, Los Angeles, California 90067. On March 11, 2010, I caused to be served the following document: STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE

9 on all ECF-registered parties in the action as follows: 10 Michael M. Goldberg 11
[e-mail] John D. Pernick

12 [e-mail],[e-mail] 13 Christopher Paul Seefer 1 4 .com 15 Shawn A. Williams

[e-mail],[e-mail],[e-mail],[e-mail],e_file_sd@csgrr

hn c com, e sgr r , de ena csgrr com,tr 16 sr.awmw@[e-mail],fcfw@[e-mail]_fi@_sd@[e-mail],khuang@csg r co ,e_f e_ r com oo grr. , le om 17 Patrick V. Dahlstrom

18 [e-mail] 19 Lionel Z. Glancy 20
[e-mail] Jeremy A Lieberman

21 [e-mail] 22 Brian P Murray 23
Ira M. Press [e-mail]

24 [e-mail],[e-mail],[e-mail],[e-mail] 25 26 27 28
CERTIFICATE OF SERVICE POS ECF 021010.wpd Page 1

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and on the following non-ECF registered parties: Tamar A Weinrib Pomerantz Haudek Grossman & Gross LLP 100 Park Avenue 26th Floor New York, NY 10017

2 Catherine J Kowalewski 3 Coughlin Stoia Geller Rudman & Robbins LLP 655 W Broadway #1900 4 San Diego, CA 92101 6 100 Park Avenue
26th Floor

5 Marc I. Gross Pomerantz Haudek Block Grossman & Gross 7 New York, NY 10017 8

9 postage thereon fully prepaid, which I deposited with my employer for collection and mailing by 11 United States Postal Service that same day. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
s/Peter A. Binkow Peter A. Binkow

By Mail: By placing true and correct copies thereof in individual sealed envelopes, with

10 collection and processing of correspondence for mailing with the United States Postal Service. In

the United States Postal Service. I am readily familiar with my employer's practice for the the ordinary course of business, this correspondence would be deposited by my employer with the I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on March 11, 2010, at Los Angeles, California.

CERTIFICATE OF SERVICE POS ECF 021010.wpd Page 2