Washtenaw County Employees Retirement System v. Celera Corporation et al

Filing 40

STIPULATION AND ORDER Granting Request to (i) Amendment to the Complaint and (ii) Vacating the March 28, 2011 Hearing Date and Case Management Conference re 39 Stipulation. Amended Complaint due by 5/6/2011. Answer or Responsive Pleading due by 6 /21/2011. Opposition due by 6/21/2011. Reply due by 9/1/2011. Anticipated Motion Hearing set for 9/19/2011 09:00 AM in Courtroom 5, 17th Floor, San Francisco before Hon. James Ware. Joint Case Management Conference statement due 9/9/2011. Further Case Management Conference set for 9/19/2011 10:00 AM in Courtroom 5, 17th Floor, San Francisco. ***3/28/2011 Hearing/Deadlines terminated. Motions terminated: 29 MOTION to Dismiss Plaintiffs' Consolidated Amended Complaint. Signed by Judge James Ware on 3/24/2011. (ecg, COURT STAFF) (Filed on 3/24/2011)

In re: "Celera Corporation Securities Litigation."

Doc. 40

1 ROBBINS GELLER RUDMAN & DOWD LLP 2 WILLOW E. RADCLIFFE (200087) SARAH R. HOLLOWAY (254134) 3 Post Montgomery Center One Montgomery Street, Suite 1800 4 San Francisco, CA 94104 Telephone: [phone] (fax) [e-mail] 6 [e-mail] 7 Lead Counsel for Plaintiff 8 [Additional counsel appear on signature page.] 9 10 11 12 In re CELERA CORP. SEC. LITIG. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Document Relates To: ALL ACTIONS. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) ) ) No. 10-cv-02604-JW(HRL) CLASS ACTION STIPULATION AND [PROPOSED] ORDER RE: (i) AMENDMENT TO THE COMPLAINT AND (ii) VACATING THE MARCH 28, 2011 HEARING DATE AND CASE MANAGEMENT CONFERENCE

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Dockets.Justia.com

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WHEREAS, by orders dated September 14, 2010 (Dkt. No. 18) and September 23, 2010

2 (Dkt. No. 21), the Court appointed Washtenaw County Employees' Retirement System 3 ("Washtenaw") as lead plaintiff; 4 WHEREAS, lead plaintiff Washtenaw filed a Consolidated Amended Complaint for

5 Violation of the Federal Securities Law ("Complaint") on October 15, 2010 (Dkt. No. 24); 6 WHEREAS, defendants moved to dismiss the Complaint on November 29, 2010 (Dkt. No.

7 29); a hearing on the motion is currently scheduled for oral argument on March 28, 2011 at 9:00 8 a.m.; 9 WHEREAS, pursuant to the Private Securities Litigation Reform Act of 1995 which governs

10 this action, discovery in this action is stayed during the pendency of a motion to dismiss (15 U.S.C. 11 78u-4(b)(3)(B)); 12 WHEREAS, a Case Management Conference in the above-referenced action is also

13 scheduled for March 28, 2011 at 10:00 a.m.; 14 WHEREAS, on March 18, 2011, Celera Corporation ("Celera") filed a Form 8-K with the

15 U.S. Securities and Exchange Commission ("SEC") disclosing that Celera is restating its financial 16 statements for the period from the year ended June 30, 2008 through the first three quarters of the 17 year ended December 25, 2010. The Form 8-K states that the restatement is being made to correct 18 errors related to the classification of bad debt expense and the recognition of unreimbursed and 19 uncollectible charges; 20 WHEREAS, upon learning of these new facts, and in the interest of conserving resources of

21 the parties and the Court, rather than proceeding on the current Complaint lead plaintiff requested 22 and defendants agreed to stipulate to time for lead plaintiff to assess the new facts and file an 23 amended complaint rather than to proceed with the currently-scheduled hearing on defendants' 24 motion to dismiss, set for March 28, 2011; and 25 WHEREAS, in the interests of efficiency, the parties have agreed that the Case Management

26 Conference scheduled for March 28, 2011 be continued until after lead plaintiff files its amended 27 complaint, defendants have responded and any motion to dismiss is fully briefed. 28
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STIPULATION AND [PROPOSED] ORDER RE: (i) AMENDMENT TO THE COMPLAINT AND (ii) VACATING THE MARCH 28, 2011 HEARING DATE AND CASE MANAGEMENT CONFERENCE -

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In accordance with the above, IT IS HEREBY STIPULATED AND AGREED, by the parties

2 through their undersigned counsel of record as follows: 3 4 5 2011; 6 3. Lead plaintiff will file its opposition to any motion to dismiss the amended complaint 1. 2. Lead plaintiff will have until May 6, 2011 to file an amended complaint; Defendants response to the amended complaint will be filed on or before June 21,

7 on August 4, 2011; 8 4. If necessary, defendants will file their reply to lead plaintiff's opposition to

9 defendants' motion to dismiss on or before September 1, 2011; and 10 5. The hearing on defendants' motion to dismiss, scheduled for March 28, 2011 at 9:00

11 a.m., and the Case Management Conference set for March 28, 2011 at 10:00 a.m., will be scheduled 12 for September 19, 2011, or any other date convenient to the Court. 6. Joint Case Management Conference statement due September 9, 2011. 13 IT IS SO STIPULATED. 14 DATED: March 21, 2011 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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ROBBINS GELLER RUDMAN & DOWD LLP WILLOW E. RADCLIFFE SARAH R. HOLLOWAY

/s/ Willow E. Radcliffe WILLOW E. RADCLIFFE Post Montgomery Center One Montgomery Street, Suite 1800 San Francisco, CA 94104 Telephone: [phone] (fax)

STIPULATION AND [PROPOSED] ORDER RE: (i) AMENDMENT TO THE COMPLAINT AND (ii) VACATING THE MARCH 28, 2011 HEARING DATE AND 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: March 21, 2011 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 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 I, Willow E. Radcliffe, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Re: (i) Amendment to the Complaint and (ii) Vacating the March

STIPULATION AND [PROPOSED] ORDER RE: (i) AMENDMENT TO THE COMPLAINT AND (ii) VACATING THE MARCH 28, 2011 HEARING DATE AND CASE MANAGEMENT CONFERENCE -

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1 28, 2011 Hearing Date and Case Management Conference. In compliance with General Order 45, 2 X.B., I hereby attest that Judson E. Lobdell has concurred in this filing. 3 4 5 6 * 7 ORDER 8 IT IS SO ORDERED. 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 WILLOW E. RADCLIFFE

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March 24, 2011 DATED: _________________________

____________________________________ THE HONORABLE JAMES WARE UNITED STATES DISTRICT COURT JUDGE

STIPULATION AND [PROPOSED] ORDER RE: (i) AMENDMENT TO THE COMPLAINT AND (ii) VACATING THE MARCH 28, 2011 HEARING DATE AND CASE MANAGEMENT CONFERENCE -

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CERTIFICATE OF SERVICE I hereby certify that on March 21, 2011, 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 March 21, 2011. 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 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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Mailing Information for a Case 5:10-cv-02604-JW
Electronic Mail Notice List
The following are those who are currently on the list to receive e-mail notices for this case. George Carlos Aguilar [e-mail],[e-mail] Mark C. Gardy [e-mail] Ryan Anthony Llorens [e-mail] Judson Earle Lobdell [e-mail],[e-mail] Tricia Lynn McCormick [e-mail],[e-mail],[e-mail] Willow E. Radcliffe [e-mail],[e-mail],[e-mail],[e-mail],[e-mail],[e-mail] Darren Jay Robbins [e-mail] Jennifer Sarnelli [e-mail] David Conrad Walton [e-mail] Shawn A. Williams [e-mail],[e-mail],[e-mail],[e-mail]

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Catherine J. Kowalewski Robbins Geller Rudman & Dowd LLP 655 W Broadway Suite 1900 San Diego, CA 92101

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3/21/2011