Washtenaw County Employees Retirement System v. Celera Corporation et al

Filing 92

STIPULATION AND ORDER Modifying Case Management Order re 91 STIPULATION WITH PROPOSED ORDER re 75 Case Management Scheduling Order. *** 75 CMO Deadlines terminated. Set/Reset Deadlines: Fact Discovery cutoff 2/5/2014. Last Date for Filing Dispositive Motions due by 3/11/2014. Expert Discovery cutoff 4/4/2014. Joint Preliminary Pretrial Conference Statement due by 12/19/2013. Preliminary Pretrial Conference set for 1/3/2014 11:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 4/3/2013. (ecg, COURT STAFF) (Filed on 4/3/2013)

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Stephen D. Hibbard (State Bar No. 177865)
Mikael A. Abye (State Bar No. 233458)
SHEARMAN & STERLING LLP
525 Market Street, Suite 1500
San Francisco, CA 94105-2723
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Brian Polovoy (NY State Bar No. 2539922)
(Admitted Pro Hac Vice)
Sara Ricciardi (NY State Bar No. 4141339)
(Admitted Pro Hac Vice)
SHEARMAN & STERLING LLP
599 Lexington Avenue
New York, NY 10022-6069
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendants
CELERA CORPORATION, KATHY ORDOÑEZ,
JOEL R. JUNG, UGO DEBLASI, AND
CHRISTOPHER HALL

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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)

This Document Relates To:

CLASS ACTION

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ALL ACTIONS.

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XXXXXXXX
STIPULATION AND [PROPOSED]
ORDER TO MODIFY CASE
MANAGEMENT ORDER

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STIP. AND [PROP.] ORDER TO
MODIFY C.M.O.

CASE NO. 10-CV-02604-EJD (HRL)
306197

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Pursuant to Civil Local Rules 6-2 and 7-12, the parties, Lead Plaintiff Washtenaw County

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Employees’ Retirement System (“Plaintiff”) and defendants Celera Corporation, Kathy Ordoñez,

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Joel R. Jung, Ugo DeBlasi and Christopher Hall (collectively, “Defendants”), by and through their

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undersigned counsel of record, submit the following stipulation and proposed order:
WHEREAS, on November 5, 2012, the Court issued a Case Management Order (“CMO”)

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setting forth the schedule that currently governs the discovery deadlines in this case, with the

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schedule as follows:

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EVENT

DEADLINE

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Fact Discovery Cutoff

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Designation of Opening Experts with Reports

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Designation of Rebuttal Experts with Reports

September 18, 2013
49 days before Expert
Discovery Cutoff
28 days before Expert
Discovery Cutoff

Expert Discovery Cutoff

October 18, 2013

Deadline(s) for Filing Discovery Motions

See Civil Local Rule 37-3

Deadline for Filing Dispositive Motions1

October 25, 2013

Preliminary Pretrial Conference

11:00 a.m. August 23, 2013

Joint Preliminary Pretrial Conference Statement

August 14, 2013

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WHEREAS, discovery in this action was stayed pursuant to to 15 U.S.C. § 78u-4(b)(3)(B)

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until the Court ruled on Defendants’ motion to dismiss on September 4, 2012;

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WHEREAS, Plaintiff served its First Request for Production of Documents to Defendants
(“Request for Documents”) on October 12, 2012;

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WHEREAS, Defendants served their Response to Plaintiff’s First Request for Production of
Document to Defendants (“Responses and Objections”) on November 13, 2012;

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WHEREAS, on November 28, 2012, Plaintiff’s counsel and Defendants’ predecessor

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counsel participated in a meet and confer regarding discovery from Defendants and their objections;

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This is the last date for filing dispositive motions. The actual hearing on the motion may be
noticed for a date subsequent after contacting Judge Davila’s courtroom deputy.
STIP. AND [PROP.] ORDER TO
MODIFY C.M.O.

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CASE NO. 10-CV-02604-EJD (HRL)
306197

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WHEREAS, on December 17, 2012, Defendants moved this court for substitution of

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counsel, seeking to replace their predecessor counsel, Morrison and Forester LLP, with Defendants’

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current counsel, Shearman & Sterling LLP;

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WHEREAS, on December 18, 2012, this Court granted Defendants’ motion for substitution
of counsel;
WHEREAS, since the substitution of counsel, the parties have worked diligently to proceed

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with discovery in accordance with the CMO, as set forth in the accompanying Declaration of

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Stephen D. Hibbard, and over the last two months, counsel for the parties have engaged in extensive

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discovery negotiations and have significantly narrowed the points of disagreement, such that, to

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date, no court intervention has been required;
WHEREAS, as a result of those discussions, Defendants have begun a systematic rolling
production of documents;
WHEREAS, based on agreements as to search terms and custodians to date, Defendants

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estimate they will need to review nearly 1,000,000 documents, potentially totaling several million

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pages and despite Defendants’ best efforts, it is apparent that the actual scope of discovery makes it

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no longer feasible for the parties to complete fact discovery by the current CMO deadline;

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WHEREAS, pursuant to Civil L.R. 6-2(a)(2), the following are previous time modifications

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

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Complaint until after the appointment of Lead Plaintiff (Dkt. No. 7); (ii) November 2, 2010 Order

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(J. Ware) continuing the case management conference from November 15, 2010 to March 7, 2011

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(Dkt. No. 27); (iii) February 18, 2011 Clerk’s Notice continuing the hearing on Defendants’ motion

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to dismiss and the case management conference from March 7, 2011 until March 28, 2011 (Dkt.

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No. 36); (iv) March 24, 2011 Order (J. Ware) vacating the hearing on Defendants’ motion to

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dismiss and continuing the case management conference, and also setting a schedule for the filing

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of, briefing of, and hearing on Lead Plaintiff’s Second Amended Consolidated Complaint (Dkt. No.

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40); (v) June 16, 2011 Order (J. Davila) setting a schedule for the filing of, briefing of, and hearing

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on Lead Plaintiff’s Second Amended Consolidated Complaint (Dkt. No. 47); (vi) November 23,

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

STIP. AND [PROP.] ORDER TO
MODIFY C.M.O.

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CASE NO. 10-CV-02604-EJD (HRL)
306197

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2011 (Dkt. No. 61); (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); (viii)

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October 5, 2012 Order (J. Davila) extending time for the Rule 26(f) Conference and for parties to

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file their Joint Case Management Statement and the Case Management Conference to November 9,

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2012 (Dkt. No. 71); (ix) November 7, 2012 Order (J. Davila) extending the deadline for Lead

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Plaintiff to file a Motion to Strike Defendants’ Answer, or portions thereof, to November 29, 2012

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(Dkt. No. 77); (x) December 17, 2012 Order (J. Davila) extending the deadline to amend Answer

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without leave of Court to January 7, 2013 (Dkt. No. 80); and (xi) January 7, 2013 Order extending

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deadline to amend Defendants’ answer to January 29, 2013;

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IT IS HEREBY STIPULATED AND AGREED among the undersigned parties that all
deadlines in the November 5, 2012 Case Management Order shall be extended as follows:

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EVENT

DEADLINE

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Fact Discovery Cutoff

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Designation of Opening Experts with Reports

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Designation of Rebuttal Experts with Reports

February 5, 2014
49 days before Expert
Discovery Cutoff
28 days before Expert
Discovery Cutoff

Expert Discovery Cutoff

April 4, 2014

Deadline(s) for Filing Discovery Motions

See Civil Local Rule 37-3

Deadline for Filing Dispositive Motions

March 11, 2014
11:00 a.m. January 3, 2014

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Preliminary Pretrial Conference

December 19, 2013

Joint Preliminary Pretrial Conference Statement

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DATED: April 2, 2013

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SHEARMAN & STERLING LLP
STEPHEN D. HIBBARD
BRIAN POLOVOY
SARA RICCIARDI
MIKAEL A. ABYE

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By:
STIP. AND [PROP.] ORDER TO
MODIFY C.M.O.

/s/ Stephen D. Hibbard

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CASE NO. 10-CV-02604-EJD (HRL)
306197

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Stephen D. Hibbard

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Attorneys for Defendants

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CELERA CORPORATION, KATHY
ORDOÑEZ, JOEL R. JUNG, UGO DeBLASI,
AND CHRISTOPHER HALL

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DATED: April 2, 2013

ROBBINS GELLER RUDMAN & DOWD LLP
WILLOW E. RADCLIFFE
SUNNY S. SARKIS

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/s/ Willow E. Radcliffe
Willow E. Radcliffe

By:

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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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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

4/3/2013
The Honorable Edward J. Davila
United States District Court Judge

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STIP. AND [PROP.] ORDER TO
MODIFY C.M.O.

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CASE NO. 10-CV-02604-EJD (HRL)
306197