Washtenaw County Employees Retirement System v. Celera Corporation et al

Filing 27

STIPULATION AND ORDER AS MODIFIED BY THE COURT Continuing Case Management Conference; Setting Briefing Schedule re Motion to Dismiss. Motion to Dismiss due by 11/29/2010. Opposition due by 1/13/2011. Reply due by 2/14/2011. Anticipated Motion Hear ing set for 3/7/2011 09:00 AM in Courtroom 8, 4th Floor, San Jose. Joint Joint Case Management Statement due by 2/25/2011. Case Management Conference set for 3/7/2011 10:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 11/2/2010. (ecg, COURT STAFF) (Filed on 11/2/2010)

In re: "Celera Corporation Securities Litigation."

Doc. 27

6 Lead Counsel for Plaintiff 7 [Additional counsel appear on signature page.] 8 9 10 11 In re CELERA CORP. SEC. LITIG. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Document Relates To: ALL ACTIONS.

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) ) ) No. 10-cv-02604-JW(HRL) CLASS ACTION STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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1 ROBBINS GELLER RUDMAN & DOWD LLP 2 WILLOW E. RADCLIFFE (200087) Post Montgomery Center 3 One Montgomery Street, Suite 1800 San Francisco, CA 94104 4 Telephone: [phone] (fax) 5 [e-mail]

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WHEREAS, Plaintiff Washtenaw County Employees' Retirement System ("WCERS") filed

2 a complaint against Defendants Celera Corporation ("Celera"), Ugo DeBlasi, Joel R. Jung and Kathy 3 Ordoņez alleging violations of the Securities Exchange Act of 1934 ("1934 Act"); 4 WHEREAS, pursuant to the Private Securities Litigation Reform Act of 1995, discovery in

5 this action is currently stayed; 6 WHEREAS, on June 14, 2010 (Dkt. No. 3), the Court set an initial case management

7 conference for December 20, 2010; 8 WHEREAS, on July 8, 2010 (Dkt. No. 7), the Court extended time for Defendants to respond

9 to the initial complaint and entered the following schedules: 10 11 12 13 14 Dkt. No. 7 at 2. 15 WHEREAS, on August 11, 2010 (Dkt. No. 11), the Court related this securities class action 16 brought pursuant to the 1934 Act with the following cases purportedly brought derivatively on 17 behalf of Celera against certain Celera officers and directors: 18 19 20 21 22 23 24 WHEREAS, pursuant to orders dated September 14 and September 23, 2010 (Dkt. Nos. 18, 25 21), WCERS was appointed Lead Plaintiff and directed to file and amended complaint on or before 26 October 15, 2010; 27 28
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Defendants shall have 45 days from the filing of the consolidated complaint to file their responsive pleading; Lead Plaintiff shall have 45 days from the filing of Defendants' responsive pleading to file an opposition; and Defendants shall have 30 days from the filing of Lead Plaintiff's opposition in which to reply.

Washtenaw County Employees' Retirement System v. Celera Corporation, et al. Kahn v. Ordonez, et al. Greenberg v. Ordonez, et al. Dkt. No. 11 at 1.

Case No. C 10-02604 JW

June 14, 2010

Case No. 10-02935 EMC Case No. C 10-03029 BZ

July 2, 2010 July 9, 2010

STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE -

10-cv-02604-JW(HRL)

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WHEREAS, pursuant to orders dated September 14 and 23, 2010, the Court also set a case

2 management conference for November 15, 2010 at 10:00 a.m.; 3 WHEREAS, Lead Plaintiff filed a Consolidated Amended Complaint for Violation of the

4 Federal Securities Laws ("Complaint") against Defendants on October 15, 2010. The Complaint 5 also names as a Defendant, Christopher Hall ("Hall"). Counsel for the Defendants has agreed to 6 waive service of summons for Defendant Hall; 7 WHEREAS, Defendants have indicated that they intend to move to dismiss the Complaint

8 and notice the hearing for March 7, 2011; 9 WHEREAS, consistent with the Court's July 8, September 14 and September 23, 2010

10 orders, the following briefing schedule governs any motion to dismiss filed in this securities class 11 action: 12 13 14 15 1. 2. 3. Defendants' responsive pleading shall be filed on or before November 29, 2010; Lead Plaintiff shall file an opposition on or before January 13, 2011; and Defendants shall file a reply on or before February 14, 2011.

NOW, THEREFORE, in the interest of judicial economy, the parties, by and through their

16 undersigned counsel of record, hereby agree and stipulate as follows: 17 The case management conference currently scheduled for November 15, 2010 at 10:00 a.m.

18 shall be continued to March 7, 2011 at 10:00 a.m. or a date that is convenient for the Court after the 19 hearing on the motion to dismiss. 20 The parties respectfully request that the Court enter an Order approving this Stipulation. ROBBINS GELLER RUDMAN & DOWD LLP WILLOW E. RADCLIFFE

21 DATED: October 28, 2010 22 23 24 25 26 27 28
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/s/ WILLOW E. RADCLIFFE Post Montgomery Center One Montgomery Street, Suite 1800 San Francisco, CA 94104 Telephone: [phone] (fax)
STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE -

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1 2 3 4 5 Lead Counsel for Plaintiff 6 7 8 9 10 11 12 13 14 15 16 DATED: October 28, 2010 17 18 19 20 21 22 23 24 25 26 27 28
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ROBBINS GELLER RUDMAN & DOWD LLP RYAN A. LLORENS 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: [phone] (fax)

VANOVERBEKE MICHAUD & TIMMONY, P.C. MICHAEL J. VANOVERBEKE THOMAS C. MICHAUD 79 Alfred Street Detroit, MI 48201 Telephone: [phone] (fax) GLANCY BINKOW & GOLDBERG LLP LIONEL Z. GLANCY ROBERT V. PRONGAY 1801 Avenue of the Stars, Suite 311 Los Angeles, CA 90067 Telephone: [phone] (fax) Additional Counsel for Plaintiff MORRISON & FOERSTER, LLP JORDAN ETH JUDSON E. LOBDELL DANIEL J. VECCHIO

/s/ JUDSON E. LOBDELL 425 Market Street San Francisco, CA 94105-2482 Telephone: [phone] (fax) Counsel for Defendants Celera Corporation, Kathy Ordoņez, Joel R. Jung, Ugo Deblasi, and Christopher Hall

STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE -

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I, Willow E. Radcliffe, am the ECF User whose ID and password are being used to file this

2 Stipulation and [Proposed] Order Continuing Case Management Conference. In compliance with 3 General Order 45, X.B., I hereby attest that Judson E. Lobdell has concurred in this filing. 4 5 6 7 * 8 ORDER 9 PURSUANT TO STIPULATION, IT IS SO ORDERED. 10
November 2, 2010 DATED: _________________________

/s/ WILLOW E. RADCLIFFE

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11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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____________________________________ THE HONORABLE JAMES WARE UNITED STATES DISTRICT COURT JUDGE

STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE -

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CERTIFICATE OF SERVICE I hereby certify that on October 28, 2010, I authorized the electronic filing of the foregoing

3 with the Clerk of the Court using the CM/ECF system which will send notification of such filing to 4 the e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I 5 caused to be mailed the foregoing document or paper via the United States Postal Service to the non6 CM/ECF participants indicated on the attached Manual Notice List. 7 I certify under penalty of perjury under the laws of the United States of America that the

8 foregoing is true and correct. Executed on October 28, 2010. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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/s/ WILLOW E. RADCLIFFE ROBBINS GELLER RUDMAN & DOWD LLP Post Montgomery Center One Montgomery Street, Suite 1800 San Francisco, CA 94104 Telephone: [phone] (fax) E-mail: [e-mail]

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10/28/2010