Washtenaw County Employees Retirement System v. Celera Corporation et al

Filing 47

STIPULATION AND ORDER AS MODIFIED BY THE COURT Setting Briefing Schedule and Hearing Date for Response to Second Amended Complaint re 46 Stipulation. Set/Reset Deadlines as to 46 Stipulation: Motion due by 6/21/2011. Opposition due by 8/4/2011. Reply due by 9/1/2011. Motion Hearing set for 9/30/2011 09:00 AM in Courtroom 1, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 6/16/2011. (ecg, COURT STAFF) (Filed on 6/16/2011)

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S 8 [Additional counsel appear on signature page.] vila A H ER rd J . D a FO d wa J u d ge E R NIA DERED SO OR IT IS DIFIED AS MO LI UNIT ED RT U O RT 6 Counsel for Defendants Celera Corporation, Kathy Ordoñez, Joel R. Jung, Ugo DeBlasi, 7 and Christopher Hall S DISTRICT TE C TA NO 1 JORDAN ETH (CA SBN 121617) JEth@mofo.com 2 JUDSON E. LOBDELL (CA SBN 146041) JLobdell@mofo.com 3 MORRISON & FOERSTER LLP 425 Market Street 4 San Francisco, California 94105-2482 Telephone: 415.268.7000 5 Facsimile: 415.268.7522 N F D IS T IC T O R C 6/16/2011 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 In re CELERA CORP. SEC. LITIG. 14 10-cv-02604-EJD(HRL) CLASS ACTION 15 16 17 This Document Relates To: 18 Case No. STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE AND HEARING DATE FOR RESPONSE TO SECOND AMENDED COMPLAINT ALL ACTIONS 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE CASE NO. 10-CV-02604-EJD(HRL) sf-3006770 1 WHEREAS, by order dated March 24, 2011, Judge Ware set a date upon which Lead 2 Plaintiff in this action would file a second amended complaint and also set a schedule whereby the 3 parties would submit briefing regarding Lead Plaintiff’s second amended complaint; 4 WHEREAS, on April 25, 2011, this action was reassigned to the Honorable Edward J. 5 Davila for all further proceedings; 6 WHEREAS, on May 5, 2011, the parties submitted a joint case management statement 7 setting forth their belief that the deadlines established pursuant to Judge Ware’s March 24, 2011 8 order should remain in place; 9 WHEREAS, on May 6, 2011, consistent with the schedule set forth in Judge Ware’s March 10 24, 2011 order and the parties’ May 5, 2011 joint case management statement, Lead Plaintiff filed a 11 Second Amended Consolidated Complaint for Violation of the Federal Securities Laws (the 12 “Second Amended Complaint”); 13 WHEREAS, pursuant to the schedule set forth in both Judge Ware’s March 24, 2011 order 14 and the May 5, 2011 joint case management statement, Defendants’ response to the Second 15 Amended Complaint is due on or before June 21, 2011; Lead Plaintiff’s opposition to any motion 16 to dismiss the Second Amended Complaint is due on or before August 4, 2011; and Defendants’ 17 reply is due on or before September 1, 2011; and 18 WHEREAS, the parties believe that the existing schedule should remain in place. 19 In accordance with the above, IT IS HEREBY STIPULATED AND AGREED, by the 20 parties through their undersigned counsel of record as follows: 21 1. Defendants’ response to the Second Amended Complaint will be filed on or before 22 June 21, 2011; 23 2. Lead Plaintiff will file its opposition to any motion to dismiss the Second Amended 24 Complaint on August 4, 2011; 25 3. If necessary, Defendants will file their reply to Lead Plaintiff’s opposition to 26 Defendants’ motion to dismiss on or before September 1, 2011; and 27 28 STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE CASE NO. 10-CV-02604-EJD(HRL) sf-3006770 1 1 4. The hearing on Defendants’ motion to dismiss shall be scheduled for September 30 16, 2 2011, at 9:00 other date convenient to the Court. or any AM 3 IT IS SO STIPULATED. 4 5 DATED: June 15, 2011 6 MORRISON & FOERSTER LLP JORDAN ETH JUDSON LOBDELL /s/ Judson Lobdell Judson Lobdell 7 8 425 Market Street San Francisco, CA 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 9 10 11 Counsel for Defendants Celera Corporation, Kathy Ordoñez, Joel R. Jung, Ugo DeBlasi, and Christopher Hall 12 13 14 DATED: June 15, 2011 15 ROBBINS GELLER RUDMAN & DOWD LLP RYAN A. LLORENS 16 /s/ Ryan A. Llorens Ryan A. Llorens 17 18 19 20 21 22 23 24 25 26 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: 619.231.1058 Facsimile: 619.231.7423 ROBBINS GELLER RUDMAN & DOWD LLP WILLOW E. RADCLIFFE SARAH R. HOLLOWAY Post Montgomery Center One Montgomery Street, Suite 1800 San Francisco, CA 94104 Telephone: 415.288.4545 Facsimile: 415.288.4534 Lead Counsel for Plaintiff 27 28 STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE CASE NO. 10-CV-02604-EJD(HRL) sf-3006770 2 1 VANOVERBEKE MICHAUD & TIMMONY, P.C. MICHAEL J. VANOVERBEKE THOMAS C. MICHAUD 79 Alfred Street Detroit, MI 48201 Telephone: 313.578.1200 Facsimile: 313.578.1201 2 3 4 5 6 GLANCY BINKOW & GOLDBERG LLP LIONEL Z. GLANCY ROBERT V. PRONGAY 1801 Avenue of the Stars, Suite 311 Los Angeles, CA 90067 Telephone: 310.201.9150 Facsimile: 310.201.9160 7 8 9 10 Additional Counsel for Plaintiff 11 12 * 13 * ORDER 14 15 * PURSUANT TO STIPULATION, IT IS SO ORDERED. 16 17 16 Dated: June ___, 2011 18 ____________________________ Hon. Edward J. Davila United States District Court Judge 19 20 21 22 23 24 25 I, Judson E. Lobdell, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order regarding Briefing Schedule and Hearing Date for Response to Second Amended Complaint. In compliance with General Order No. 45, X.B., I hereby attest that Ryan Llorens has concurred in this filing. /s/ Judson E. Lobdell___ JUDSON E. LOBDELL 26 27 28 STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE CASE NO. 10-CV-02604-EJD(HRL) sf-3006770 3

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