Washtenaw County Employees Retirement System v. Celera Corporation et al

Filing 71

Order Granting 70 Stipulation Continuing Case Management Conference. Signed by Hon. Edward J. Davila on 10/5/2012.(ecg, COURT STAFF) (Filed on 10/5/2012)

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JORDAN ETH (CA SBN 121617)
[e-mail]
JUDSON E. LOBDELL (CA SBN 146041)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street, 32nd Floor
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendants Celera Corporation,
Kathy Ordoñez, Joel R. Jung, Ugo DeBlasi,
and Christopher Hall
[Additional counsel appear on signature page.]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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In re CELERA CORP. SEC. LITIG.

Case No. 10-cv-02604-EJD (HRL)

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CLASS ACTION
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XXXXXXXX
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

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Judge: Hon. Edward J. Davila
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This Document Relates To:

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ALL ACTIONS

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Pursuant to Civil L.R. 7-12, the parties, by and through their undersigned counsel of
record, submit the following stipulation and proposed order.
WHEREAS, on September 4, 2012, the Court denied Celera’s motion to dismiss the

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Second Amended Consolidated Complaint of Lead Plaintiff Washtenaw County Employees’

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Retirement System (Dkt. No. 65);

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WHEREAS, the Court’s September 4, 2012 Order scheduled a Case Management

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Conference on October 26, 2012 at 10:00 a.m., and directed the parties to file an updated Joint

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Case Management Statement on or before October 19, 2012;
STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
CASE NO. 10-CV-02604-EJD (HRL)
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WHEREAS, pursuant to the Private Securities Litigation Reform Act of 1995, which

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governs this action, discovery in this action was stayed during the pendency of Defendants’

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motion to dismiss (15 U.S.C. 78u-4(b)(3)(B));

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WHEREAS, pursuant to Rule 26(d)(1), the parties are prevented from serving discovery
in this action until the parties have conferred pursuant to Rule 26(f);
WHEREAS, pursuant to the Court’s September 4, 2012 Order and Rule 26(f)(1), the
parties’ Rule 26(f) conference deadline is currently October 5, 2012;
WHEREAS, by Order dated September 14, 2012 (Dkt. No. 67), the Court extended
Defendants’ time to answer or otherwise respond to the Second Amended Consolidated
Complaint until October 19, 2012;
WHEREAS, in light of Defendants’ representations that they need more time to prepare

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for the Rule 26(f) conference and the Rule 16 Case Management Conference as a result of the

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current October 19, 2012 deadline for Defendants to answer or otherwise respond to the Second

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Amended Consolidated Complaint, and in light of the complexity of the issues, the parties

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believe that good cause exists to continue the Case Management Conference from October 26,

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2012, to November 9, 2012, or a date thereafter that is convenient for the Court;

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WHEREAS, the undersigned counsel for Lead Plaintiff represents that she is unavailable

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on November 15 and 16, 2012 due to a previously scheduled hearing in another matter pending

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in the Southern District of New York and requests that the Case Management Conference not be

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scheduled on these dates;

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WHEREAS, if the Court grants the parties’ requested continuance, the parties would
submit their updated Joint Case Management Statement on or before November 2, 2012;
WHEREAS, if the Court grants the parties’ requested continuance, counsel for the
parties have agreed to hold their Rule 26(f) conference on October 10, 2012;
WHEREAS, it would conserve judicial and party resources and promote efficiency and

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economy to hold the Case Management Conference in this action after Defendants’ answer is

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filed, Lead Plaintiff has reviewed the answer, and the parties have adequately addressed

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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
CASE NO. 10-CV-02604-EJD (HRL)
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scheduling, discovery, and the additional case management topics of Federal Rule of Civil

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Procedure 26(f) and Local Rules 16-9 and 16-10;

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WHEREAS, pursuant to Local Rule 6-2(a)(2), the following are the previous time

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modifications in this action: (i) July 8, 2010 Order (J. Ware) extending Defendants’ time to

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respond to the Complaint until after the appointment of Lead Plaintiff (Dkt. No. 7);

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(ii) November 2, 2010 Order (J. Ware) continuing the case management conference from

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November 15, 2010 to March 7, 2011 (Dkt. No. 27); (iii) February 18, 2011 Clerk’s Notice

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continuing the hearing on Defendants’ motion to dismiss and the case management conference

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from March 7, 2011 until March 28, 2011 (Dkt. No. 36); (iv) March 24, 2011 Order (J. Ware)

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vacating the hearing on Defendants’ motion to dismiss and continuing the case management

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conference, and also setting a schedule for the filing of, briefing of, and hearing on Lead

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Plaintiff’s Second Amended Consolidated Complaint (Dkt. No. 40); (v) June 16, 2011 Order

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(J. Davila) setting a schedule for the filing of, briefing of, and hearing on Lead Plaintiff’s

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Second Amended Consolidated Complaint (Dkt. No. 47); (vi) November 23, 2011 Order

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(J. Davila) continuing the case management conference scheduled for December 2, 2011 (Dkt.

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No. 61); and (vii) September 14, 2012 Order (J. Davila) extending time for Defendants to

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answer or otherwise respond to the Second Amended Consolidated Complaint (Dkt. No. 67);

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and

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WHEREAS, the continuance of the Case Management Conference will not affect any
other deadlines or events in this action except as otherwise set forth above.
IT IS HEREBY STIPULATED AND AGREED among the undersigned parties as
follows:
(1) The Case Management Conference currently scheduled for October 26, 2012, shall be
continued to November 9, 2012, or such later date as is convenient for the Court;
(2) The parties will file an updated Joint Case Management Statement on or before
November 2, 2012; and
(3) The parties will hold their Rule 26(f) conference on or before October 10, 2012.

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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
CASE NO. 10-CV-02604-EJD (HRL)
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Dated: October 3, 2012
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MORRISON & FOERSTER LLP
JORDAN ETH
JUDSON LOBDELL

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By: /s/ Judson Lobdell
Judson Lobdell

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425 Market Street
San Francisco, CA 94105-2482
Telephone: [phone]
Facsimile: [phone]

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Counsel for Defendants Celera Corporation,
Kathy Ordoñez, Joel R. Jung, Ugo DeBlasi,
and Christopher Hall

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Dated: October 3, 2012

ROBBINS GELLER RUDMAN & DOWD LLP
WILLOW RADCLIFFE
By: /s/ Willow Radcliffe
Willow Radcliffe

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Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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Lead Counsel for Plaintiff
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VANOVERBEKE MICHAUD & TIMMONY, P.C.
MICHAEL J. VANOVERBEKE
THOMAS C. MICHAUD
79 Alfred Street
Detroit, MI 48201
Telephone: [phone]
Facsimile: [phone]

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GLANCY BINKOW & GOLDBERG LLP
LIONEL Z. GLANCY
ROBERT V. PRONGAY
1801 Avenue of the Stars, Suite 311
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]

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Additional Counsel for Plaintiff

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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
CASE NO. 10-CV-02604-EJD (HRL)
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XXXXXXXX
[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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October 5, 2012
Dated: ___________________
Honorable Edward J. Davila
United States District Court Judge

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I, Judson E. Lobdell, am the ECF User whose ID and password are being used to file this
Stipulation and [Proposed] Order Continuing Case Management Conference. In compliance with
N.D. Cal. L.R. 5-1(i)(3), I hereby attest that Willow Radcliffe has concurred in this filing.

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By: /s/ Judson Lobdell
Judson Lobdell

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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
CASE NO. 10-CV-02604-EJD (HRL)
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