Kahn v. Ordonez et al

Filing 25

STIPULATION AND ORDER AS MODIFIED BY THE COURT CONTINUING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 3/18/2011. Case Management Conference set for 3/28/2011 10:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 11/10/2010. (ecg, COURT STAFF) (Filed on 11/10/2010)

1 ROBBINS UMEDA LLP MARC M. UMEDA (197847) 2 [e-mail] GEORGE C. AGUILAR (126535) 3 [e-mail] JULIA M. WILLIAMS (244400) 4 [e-mail] 600 B Street, Suite 1900 5 San Diego, California 92101 Telephone: [phone] Facsimile: [phone] 7 MARK C. GARDY [e-mail] 8 JENNIFER SARNELLI [e-mail] 9 KELLY A. NOTO [e-mail] 10 GARDY & NOTIS, LLP 560 Sylvan Avenue 11 Englewood Cliffs, NJ 07632 Telephone: [phone] Facsimile: [phone] 13 Co-Lead Counsel for Plaintiffs 14 15 16
ISTRIC ES D TC AT T

RT U O

UNIT ED

S

ER

N

C F D I S T I C T O 11/10/2010 R

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) ) ) ) ) ) Case No. C 10-02935 JW STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

17 IN RE CELERA CORP. DERIVATIVE LITIG. 18 19 This Document Relates To: 20 21 22 23 24 25 26 27 28 ALL ACTIONS

STIPULATION & [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE CASE NO. C 10-02935 JW

A

LI

FO

m Judge Ja

es Ware

R NIA

D RDERE IS SO O FIED IT DI AS MO

NO

RT

H

1

WHEREAS, on July 2 and 9, 2010, plaintiffs Alan R. Kahn and Betty Greenberg

2 ("Plaintiffs"), filed shareholder derivative actions against nominal defendant Celera Corporation 3 ("Celera") and certain of the officers and directors of Celera alleging breach of fiduciary duty, 4 waste of corporate assets, and unjust enrichment; 5 WHEREAS, on August 11, 2010 (Dkt. No. 7), the Court related both actions to the

6 securities class action Washtenaw County Employees' Retirement System v. Celera Corporation, et 7 al., Case No. C 10-02604- JW filed on June 14, 2010; 8 WHEREAS, on September 23, 2010, the Court entered an order consolidating the two

9 pending derivative actions and directed Plaintiffs to file a consolidated complaint on or before 10 October 15, 2010 (Dkt. No. 13); 11 WHEREAS, pursuant to the order entered on September 23, 2010, defendants shall respond

12 to the Consolidated Complaint within 60 days of service, and the opposition and reply briefs shall 13 be filed 60 and 30 days, respectively, of the any motion directed at the Consolidated Complaint; 14 WHEREAS, pursuant to the order entered on September 23, 2010, the Court also set a case

15 management conference for November 15, 2010 at 10:00 a.m.; 16 WHEREAS, on October 15, 2010, Plaintiffs filed the Consolidated Verified Shareholder

17 Derivative Complaint for Breach of Fiduciary Duty, Waste of Corporate Assets, and Unjust 18 Enrichment (Dkt. No. 16); 19 WHEREAS, consistent with the Court's September 23, 2010 order, the following briefing

20 schedule governs any motion directed at the consolidated derivative action: 21 22 23 24 1. 2. 3. Defendants' responsive pleadings shall be filed on or before December 14, 2010; Plaintiffs shall file an opposition on or before February 14, 2011; and Defendants shall file a reply on or before March 16, 2011.

WHEREAS, on November 2, 2010, the Court set March 7, 2011, as the date for the Case

25 Management Conference in the related securities class action Washtenaw County Employees' 26 Retirement System v. Celera Corporation, et al., Case No. C 10-02604- JW. 27 28 -1STIPULATION & [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE CASE NO. C 10-02935 JW

1

NOW THEREFORE, in the interest of judicial economy, the parties, by and through their

2 undersigned counsel of record, hereby agree and stipulate as follows: 3 The case management conference currently scheduled for November 15, 2010 at 10:00 a.m.

4 shall be continued to March 28, 2011 at 10:00 a.m. Ona date thatMarch 18, 2011, the parties after . or or before is convenient for the Court 5 the hearing Joint Case Management Conference statement. shall file a on the motion to dismiss. 6 The parties respectfully request that the Court enter an Order approving this Stipulation. ROBBINS UMEDA LLP MARC M UMEDA GEORGE C. AGUILAR JULIA M. WILLIAMS /s/George C. Aguilar GEORGE C. AGUILAR 600 B Street, Suite 1900 San Diego, California 92101 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] [e-mail] [e-mail] GARDY & NOTIS, LLP MARK C. GARDY JENNIFER SARNELLI KELLY A. NOTO 560 Sylvan Avenue Englewood Cliffs, NJ 07632 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] [e-mail] [e-mail] Co-Lead Counsel for Plainitffs DATED: November 5, 2010 MORRISON & FOERSTER LLP JORDAN ETH JUDSON LOBDELL DANIEL J. VECCHIO /s/ Judson Lobdell JUDSON LOBDELL -2STIPULATION & [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE CASE NO. C 10-02935 JW

7 DATED: November 5, 2010 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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
November 2, 2010

425 Market Street San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] [e-mail] Counsel for nominal defendant Celera Corporation and individual defendants Kathy Ordonez, Joel R. Jung, and Ugo Deblasi William G. Green, Richard H. Ayers, Jean-Luc Belingard, Gail K. Naughton, Wayne L. Roe, Peter Barton Hutt, and Bennett M. Shapiro I, George C. Aguilar, 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 General Order No. 45, X.B., I hereby attest that Judson Lobdell has concurred in this filing. /s/ George C. Aguilar GEORGE C. AGUILAR

*

* ORDER

*
S DISTRICT TE C TA

UNIT ED

PURSUANT TO STIPULATION, IT IS SO ORDERED.
S
NO
m Judge Ja

DATED

ER THE HONORABLE OF C JAMES WARE N D IS T RT UNITED STATESICDISTRICT JUDGE

-3STIPULATION & [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE CASE NO. C 10-02935 JW

A

LI

FO

es Ware

R NIA

ERED O ORD D IT IS S DIFIE AS MO

RT U O

RT

H

1 2

CERTIFICATE OF SERVICE I hereby certify that on November 5, 2010, I electronically filed the foregoing with the

3 Clerk of Court using the CM/ECF system which will send notification of such filing to the e-mail 4 addresses on the Electronic Mail Notice List. I hereby certify that I have sent notification and 5 served a copy of the filing via U.S. mail to the following parties listed below. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
547052

VIA U.S. MAIL Harold B. Obstfeld HAROLD B. OBSTFELD, P.C. 100 Park Avenue, 20th Floor New York, NY 10017 MORRISON & FOERSTER LLP Jordan Eth Judson Lobdell Daniel J. Vecchio 425 Market Street San Francisco, CA 94105 Mark C. Gardy James S. Notis Kelly A. Noto GARDY & NOTIS, LLP 560 Sylvan Avenue Englewood Cliffs, NJ 07632

I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on November 5, 2010. /s/ George C. Aguilar GEORGE C. AGUILAR

27 28 -4STIPULATION & [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE CASE NO. C 10-02935 JW