Washtenaw County Employees Retirement System v. Celera Corporation et al

Filing 7

STIPULATION AND ORDER AS MODIFIED BY THE COURT Extending Time to Respond to Complaint re 6 Stipulation. Signed by Judge James Ware on 7/8/2010. (ecg, COURT STAFF) (Filed on 7/8/2010)

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Washtenaw County Employees Retirement System v. Celera Corporation et al Doc. 7 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 ROBBINS GELLER RUDMAN & DOWD LLP SHAWN A. WILLIAMS (SBN 213113) 100 Pine Street, Suite 2600 San Francisco, CA 94111 Phone: (415) 288-4545 Fax: (415) 288-4534 Email: shawnw@rgrdlaw.com Attorneys for Plaintiff Washtenaw County Employees' Retirement System LATHAM & WATKINS LLP PATRICK E. GIBBS (SBN 183174) JOHN C. TANG (SBN 212371) 140 Scott Drive Menlo Park, CA 94025 Phone: (650) 328-4600 Fax: (650) 463-2600 Email: patrick.gibbs@lw.com john.tang@lw.com Attorneys for Defendants Celera Corporation, Kathy Ordoņez, Joel R. Jung, and Ugo DeBlasi S ISTRIC ES D TC AT T RT U O UNIT ED UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA NO ER N F D IS T IC T O R 7/8/2010 WASHTENAW COUNTY EMPLOYEES' RETIREMENT SYSTEM, Individually and on Behalf of All Others Similarly Situated, Plaint iff, v. CELERA CORPORATION, KATHY ORDOŅEZ, JOEL R. JUNG, and UGO DeBLASI, Defendants. No. 5:10-cv-02604-JW STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT No. 5:10-cv-02604-JW Dockets.Justia.com A C LI FO m Judge Ja es Ware R NIA D RDERE IS SO O FIED IT DI AS MO RT H 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 WHEREAS, on June 14, 2010, plaintiff Washtenaw County Employees' Retirement System ("Plaintiff") filed the Complaint in this action; WHEREAS, pursuant to the Private Securities Litigation Reform Act of 1995, 15 U.S.C. §78u-4(a)(3)(B), the Court has not yet appointed a Lead Plaintiff in this action; WHEREAS, proposed lead plaintiffs are scheduled to file motions for the appointment of Lead Plaintiff no later than August 13, 2010; and WHEREAS, Plaintiff and all Defendants agree that Defendants shall not be required to answer or otherwise respond to the Complaint until after the appointment of Lead Plaintiff and the filing of a Consolidated Complaint. NOW THEREFORE, IT IS SO STIPULATED, pursuant to Civil L.R. 6-1(a), by and between Plaintiff and Defendants that the time by which Defendants must answer or otherwise respond to the Complaint shall be extended until after the appointment of a Lead Plaintiff and the filing of a Consolidated Complaint. In the event that plaintiff Washtenaw County Employees' *** LANGUAGE STRIKEN BY THE COURT *** Retirement System is appointed Lead Plaintiff, Lead Plaintiff shall have 45 days from the order ******************************************************************************* ******************************************************************************* appointing Lead Plaintiff to file a Consolidated Complaint; *************************************************************************** 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 file a reply. Dated: July 2, 2010 LATHAM & WATKINS LLP ROBBINS GELLER RUDMAN & DOWD LLP ____________/S/____________ By: Shawn A. Williams (SBN 213113) 100 Pine Street, Suite 2600 2 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT No. 5:10-cv-02604-JW ____________/S/____________ By: John C. Tang (SBN 212371) 140 Scott Drive 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 Menlo Park, CA 94025 Phone: (650) 328-4600 Fax: (650) 463-2600 Email: john.tang@lw.com Attorneys for Defendants Celera Corporation, Kathy Ordoņez, Joel R. Jung, and Ugo DeBlasi San Francisco, CA 94111 Phone: (415) 288-4545 Fax: (415) 288-4534 Email: shawnw@rgrdlaw.com Attorneys for Plaintiff Washtenaw County Employees' Retirement System I, John C. Tang, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Extending Time to Respond to Complaint. In compliance with General Order 45, X.B., I hereby attest that Shawn A. Williams has concurred in this filing. * * * IT IS SO ORDERED AS MODIFIED ORDER The CourtIS SOset a deadline for filing the Consolidated Complaint in its ruling on the parties' IT shall ORDERED. Motion : _________________________ DATEDfor Appointment of Lead Counsel. ____________________________________ THE HONORABLE JAMES WARE UNITED STATES DISTRICT JUDGE Dated: July 8, 2010 _______________________________ United States District Judge 3 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT No. 5:10-cv-02604-JW

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