Kahn v. Ordonez et al

Filing 13

STIPULATION AND ORDER AS MODIFIED BY THE COURT Consolidating Actions and Related Matters re (6 Stipulation in 5:10-cv-02935-JW). The following actions are hereby related and consolidated for all purposes, including pre-trial proceedings and trial: K ahn v. Ordonez, et al. No. C 10-02935 and Greenberg v. Ordonez, et al. No. C 10-03029. Every pleading filed in the consolidated action, or in any separate action included herein, shall bear the following caption: No. C 10-02935 JW, "In re Celera Corp. Derviative Ligiation" The files of the consolidated action shall be maintained in one file under Master File No. C 10-02935 JW. The Clerk shall close C 10-03029. Consolidated Complaint due by 10/15/2010. Joint Case Management Statement due by 11/5/2010. Case Management Conference set for 11/15/2010 10:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 9/23/2010. (ecg, COURT STAFF) (Filed on 9/23/2010)

"In re Celera Corporation Derivative Litigation"

Doc. 13

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ER Counsel for Plaintiff Alan R. Kahn and C N F 7 Betty Greenberg and [Proposed] Co-Lead D IS T IC T O R Counsel for Plaintiffs 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 10

11 ALAN R. KAHN, Derivatively on Behalf of CELERA CORPORATION, 12 Plaintiff, 13 v. 14 KATHY ORDONEZ, RICHARD H. 15 AYERS, JEAN-LUC BELINGARD, WILLIAM G. GREEN, PETER BARTON 16 HUTT, GAIL K. NAUGHTON, WAYNE I. ROE and BENNETT M. SHAPIRO, 17 Defendants, 18 and 19 CELERA CORPORATION, 20 21 22 23 24 25 26 27 28 Nominal Defendant. [Caption continued on following page]

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JW Case No. C 10-02935 EMC STIPULATION CONSOLIDATING ACTIONS AND RELATED MATTERS AND [PROPOSED] ORDER THEREON

STIPULATION CONSOLIDATING ACTIONS AND [PROPOSED] ORDER

CASE NO. C 10-02935 EMC Dockets.Justia.com

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ROBBINS UMEDA LLP MARC M. UMEDA (197847) [e-mail] GEORGE C. AGUILAR (126535) [e-mail] JULIA M. WILLIAMS (244400) [e-mail] 600 B Street, Suite 1900 San Diego, California 92101 Telephone: [phone] Facsimile: [phone]

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1 BETTY GREENBERG, Derivatively on ) Behalf of CELERA CORPORATION, ) 2 ) Plaintiff, ) 3 ) vs. ) 4 ) KATHY ORDOÑEZ, JOEL R. JUNG, UGO ) 5 DEBLASI, RICHARD H. AYERS, WILLIAM ) G. GREEN, GAIL K. NAUGHTON, WAYNE 6 I. ROE, JEAN-LUC BÉLINGARD, PETER ) ) BARTON HUTT, and BENNETT M. ) 7 SHAPIRO, ) ) 8 Defendants, ) ) 9 and ) ) 10 CELERA CORPORATION, a Delaware ) corporation, ) 11 Nominal Defendant. ) ) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Case No. C 10-03029 BZ JW

STIPULATION CONSOLIDATING ACTIONS AND [PROPOSED] ORDER

CASE NO. C 10-02935 EMC

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WHEREAS, there are presently two related shareholder derivative actions against certain of

2 the officers and directors of Celera Corporation ("Celera") on file in this Court; 3 WHEREAS, in an effort to assure consistent rulings and decisions and the avoidance of

4 unnecessary duplication of effort, all of the counsel for plaintiffs as well as counsel for nominal 5 defendant Celera in the related Celera shareholder derivative actions currently on file in this Court 6 enter into this stipulation. The counsel are: (1) Robbins Umeda LLP, Harold B. Obstfeld, P.C., and 7 Gardy & Notis, LLP on behalf of plaintiff Alan R. Kahn; (2) Robbins Umeda LLP on behalf of 8 plaintiff Betty Greenberg; and (3) Latham & Watkins LLP on behalf of nominal defendant Celera; 9 WHEREAS, plaintiffs and nominal defendant Celera agree that it would be duplicative and

10 wasteful of the Court's resources for defendants named in plaintiffs' shareholder derivative actions 11 to have to respond to the individual complaints prior to the agreed upon consolidation. 12 NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by plaintiffs and

13 nominal defendant Celera, through their respective counsel of record, as follows: 14 1. The following actions are hereby related and consolidated for all purposes, including Case Number No. C 10-02935 EMC No. C 10-03029 BZ Date Filed July 2, 2010 July 9, 2010

15 pre-trial proceedings and trial: Case Name 16 Kahn v. Ordonez, et al. 17 18 19 20 2. Greenberg v. Ordonez, et al.

Every pleading filed in the consolidated action, or in any separate action included

21 herein, shall bear the following caption: UNITED STATES DISTRICT COURT 22 NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 23 NO. Case No. C 10-02935 EMC IN RE CELERA CORPORATION ) Lead CV 10-02935 JW 24 "In re Celera Corp. Derivative Litig." SHAREHOLDER DERIVATIVE ) ) LITIGATION 25 ) ) 26 This Document Relates To: ) 27 ) ALL ACTIONS ) 28 -1STIPULATION CONSOLIDATING ACTIONS AND [PROPOSED] ORDER CASE NO. C 10-02935 EMC

1

3.

The files of the consolidated action shall be maintained in one file under Master File

JW. The Clerk shall close No. C 10-03029 JW. 2 No. C 10-02935 EMC. 3 4. filed Consolidated Complaint on or before or file a Consolidated Plaintiffs shall eithera designate a complaint as operative October 15, 2010.

4 Complaint ("Consolidated Complaint") within thirty days after entry of this order, unless otherwise 5 agreed upon by the parties or ordered by the Court. If filed, the Consolidated Complaint shall be 6 the operative complaint and shall supersede all complaints filed in any of the actions consolidated 7 herein. Defendants shall respond to the operative complaint or Consolidated Complaint within 8 sixty days after service, unless otherwise agreed by the parties or ordered by the Court. In the event 9 that defendants file any motions directed at the operative complaint or Consolidated Complaint, the 10 opposition and reply briefs shall be filed within sixty and thirty days, respectively, of the motions, 11 unless otherwise agreed upon by the parties or ordered by the Court. Counsel agrees to confer to 12 select a hearing date. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2STIPULATION CONSOLIDATING ACTIONS AND [PROPOSED] ORDER CASE NO. C 10-02935 EMC

5.

All of the counsel for plaintiffs propose as follows: a. The Lead Plaintiffs for these consolidated actions are Alan R. Kahn and

Betty Greenberg. b. The Co-Lead Counsel for plaintiffs for the conduct of these consolidated

actions are: Marc M. Umeda George C. Aguilar Julia M. Williams ROBBINS UMEDA LLP 600 B Street, Suite 1900 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] Mark C. Gardy James S. Notis Kelly A. Noto GARDY & NOTIS, LLP 560 Sylvan Avenue Englewood Cliffs, NJ 07632 Telephone: [phone] Facsimile: [phone]

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c.

Plaintiffs' Co-Lead Counsel shall have sole authority to speak for plaintiffs in

matters regarding pre-trial procedure, trial, and settlement and shall make all work assignments in such manner as to facilitate the orderly and efficient prosecution of this litigation and to avoid duplicative or unproductive effort. d. Plaintiffs' Co-Lead Counsel shall be responsible for coordinating all

activities and appearances on behalf of plaintiffs. No motion, request for discovery, or other pre-trial or trial proceedings shall be initiated or filed by any plaintiff except through plaintiffs' Co-Lead Counsel. e. Plaintiffs' Co-Lead Counsel shall be available and responsible for

communications to and from this Court, including distributing orders and other directions from the Court to counsel. Plaintiffs' Co-Lead Counsel shall be

responsible for creating and maintaining a master service list of all parties and their respective counsel. f. Defendants' counsel may rely upon all agreements made with plaintiffs' Co-

Lead Counsel, or other duly authorized representative of plaintiffs' Co-Lead Counsel, and such agreements shall be binding on all plaintiffs. Nominal defendant Celera takes no position as to the appointment of Lead Plaintiffs

or Co-Lead Counsel. 7. This Order shall apply to remaining provisions of the parties' Stipulation. The Court declines to adopt the each case, arising out of the same or substantially the same

transactions or events as these cases, which is subsequently filed in, remanded to or transferred to The parties shall appear for a Case Management Conference on November 15, 2010 at 10 a.m. On or this Court. before November 5, 2010, the parties shall file a Joint Case Management Statement 24 with their proposals as to how this case should proceed consistent with the PSLRA. 8. When a case which properly belongs as part of the In re Celera Corporation 25 Shareholder Derivative Litigation, Lead Case No. C 10-02935 EMC, is hereafter filed in the Court Dated: September 23, 2010 ____________________________ 26 JAMES WARE or transferred here from another court, this Court requests the assistance of counsel in calling to the United States District Judge 27 attention of the clerk of the Court the filing or transfer of any case which might properly be 28 -3STIPULATION CONSOLIDATING ACTIONS AND [PROPOSED] ORDER CASE NO. C 10-02935 EMC