Curry v. Hansen Medical, Inc. et al

Filing 21

STIPULATION AND ORDER RE FILING OF A CONSOLIDATED AMENDED COMPLAINT AND DEFENDANTS' RESPONSES THERETO re 20 . Signed by Judge Jeremy Fogel on 4/26/10. (dlm, COURT STAFF) (Filed on 4/26/2010)

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LIONEL Z. GLANCY (#134180) 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 Plaintiffs 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. No. 5:09-cv-05094-JF Class Action STIPULATION AND [PROPOSED] -----------------ORDER RE FILING OF A CONSOLIDATED AMENDED COMPLAINT AND DEFENDANTS' RESPONSES THERETO Judge: Hon. Jeremy Fogel

WHEREAS, by Order filed January 25, 2010 (Docket #11), the Court entered a stipulation and order setting the time for filing of an amended complaint and Defendants' responses thereto, 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; WHEREAS, by Order dated February 25, 2010 (Docket #15), the Court appointed Mina Farr and Nader Farr as Lead Plaintiffs ("Lead Plaintiffs") and Glancy Binkow & Goldberg LLP as Lead Counsel ("Lead Counsel"),and two related securities class actions ­ Livingstone v. Hansen Medical, Inc. et al., No. C-09-5212 and Prenter v. Hansen Medical, Inc. et al., No. 09-5367-CRB ­ were consolidated in this Court with the above-captioned action;
No. 09-cv-05094-JF STIPULATION AND [PROPOSED] ORDER RE FILING OF AMENDED COMPLAINT AND DEFENDANTS' RESPONSES THERETO Page 1

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WHEREAS, in accordance with the Court's January 25, 2010 Order, Lead Plaintiffs shall file an amended complaint in the consolidated action on or before April 26, 2010; Defendants shall respond to the amended complaint on or before June 25, 2010; and, in the event Defendants file a motion to dismiss the complaint, Lead Plaintiffs shall respond to any motion to dismiss on or before August 9, 2010, and Defendants shall file any opposition brief on or before September 8, 2010; WHEREAS, counsel for Defendants and Lead Counsel have conferred and agreed to allow Lead Plaintiffs fourteen additional days in which to file a consolidated amended complaint; NOW, THEREFORE, the undersigned parties hereby stipulate and agree, and respectfully request that the Court enter an Order as follows: 1. Lead Plaintiffs shall file a consolidated amended complaint on or before May 10,

2. 9, 2010. 3.

Defendants shall respond to the consolidated amended complaint on or before July

Lead Plaintiffs shall respond to any motion to dismiss the complaint on or before

August 23, 2010. 4. Defendants shall file any reply brief on or before September 22, 2010.

IT IS SO STIPULATED. DATED: April 15, 2010 GLANCY BINKOW & GOLDBERG LLP By: /s/ Michael Goldberg Lionel Z. Glancy Michael Goldberg Lead Counsel for Lead Plaintiffs

No. 09-cv-05094-JF STIPULATION AND [PROPOSED] ORDER RE FILING OF AMENDED COMPLAINT AND DEFENDANTS' RESPONSES THERETO Page 2

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DATED: April 15, 2010

BINGHAM MCCUTCHEN LLP By: /s/ Charlene S. Shimada David M. Balabanian (# 37368) Charlene S. Shimada (# 91407) John D. Pernick (#1155468)

Counsel for Defendants Hansen Medical, Inc., Frederic H. Moll, and Steven M. Van Dick

No. 09-cv-05094-JF STIPULATION AND [PROPOSED] ORDER RE FILING OF AMENDED COMPLAINT AND DEFENDANTS' RESPONSES THERETO Page 3

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---R-------S-----] ORDER [P --OPO - ED PURSUANT TO STIPULATION, IT IS SO ORDERED. 4/26 DATED: __________ , 2010 By:_________________________________ The Honorable Jeremy Fogel United States District Judge

No. 09-cv-05094-JF STIPULATION AND [PROPOSED] ORDER RE FILING OF AMENDED COMPLAINT AND DEFENDANTS' RESPONSES THERETO Page 4

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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 April 15, 2010, I caused to be served the following document: STIPULATION AND [PROPOSED] ORDER RE FILING OF A CONSOLIDATED AMENDED COMPLAINT AND DEFENDANTS' RESPONSES THERETO

9 on all ECF-registered parties in the action as follows: 10 See attached Service List. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
CERTIFICATE OF SERVICE POS ECF 04.15.2010.wpd Page 1

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 15, 2010, at Los Angeles, California.

s/ Michael Goldberg Michael Goldberg

CAND-ECF-

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Mailing Information for a Case 5:09-cv-05094-JF
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The following are those who are currently on the list to receive e-mail notices for this case. Peter Arthur Binkow [e-mail],[e-mail] Michael M. Goldberg [e-mail] John D. Pernick [e-mail]

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Lionel Z Glacny Glancy Binkow & Goldberg LLP 1801 Avenue of the Stars Suite 311 Los Angeles, CA 90067

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