Kahn v. Ordonez et al

Filing 27

ORDER DENYING 26 Stipulation. Accordingly, the Court DENIES the Stipulation and Proposed Order for New Briefing Schedule and Continuing Case Management Conference. However, since Defendants relied on the Stipulation and did not file a responsive pl eading by the scheduled deadline, the Court readjusts the schedule as follows: Defendants shall file their anticipated Motion to Dismiss on or before 1/17/2011. Plaintiffs shall file their Opposition on or before 3/4/2011. Defendants shall file their Reply on or before 3/21/2011. Motion Hearing set for 4/11/2011 09:00 AM in Courtroom 8, 4th Floor, San Jose. The Court VACATES the 3/28/2011 Case Management Conference as premature and will set a new Conference date in its Order addressing the anticipated Motion, if necessary. None of these dates may be modified without the Court's approval. Signed by Judge James Ware on 12/15/2010. (ecg, COURT STAFF) (Filed on 12/16/2010)

"In re Celera Corporation Derivative Litigation."

Doc. 27

1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 10-02935 JW In re Celera Corp. Derivative Litigation ORDER DENYING STIPULATION

United United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

/ Presently before the Court is a Stipulation and Proposed Order for New Briefing Schedule and Continuing Case Management Conference. (hereafter, "Stipulation," Docket item No. 26.) The Stipulation requests that the Court adjust the current briefing schedule in light of the schedule in a pending parallel Securities case. (Stipulation at 1-2.) Upon review, the Court does not find good cause to grant the Stipulation. The Court notes that the parties have fought to maintain this case as a separate action from the related case. (See Docket Item No. 11.) Further, the proposed schedule would effectively stay this case for five months pending the resolution of a Motion to Dismiss in the related case. (Stipulation ¶¶ 2-3.) Accordingly, the Court DENIES the Stipulation and Proposed Order for New Briefing Schedule and Continuing Case Management Conference. However, since Defendants relied on the Stipulation and did not file a responsive pleading by the scheduled deadline, the Court readjusts the schedule as follows: (1) On or before January 17, 2011, Defendants shall file their anticipated Motion to Dismiss.

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10

(2) (3) (4) (5)

On or before March 4, 2011, Plaintiffs shall file their Opposition. On or before March 21, 2011, Defendants shall file their Reply. The hearing on the Motion to Dismiss is set for April 11, 2011 at 9 a.m. The Court VACATES the March 28, 2011 Case Management Conference as premature and will set a new Conference date in its Order addressing the anticipated Motion, if necessary.

None of these dates may be modified without the Court's approval.

Dated: December 15, 2010

JAMES WARE United States District Judge

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

1 2 3 4 5 6 7 8 9 10

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: George Carlos Aguilar [e-mail] James S. Notis [e-mail] Jennifer Sarnelli [e-mail] Judson Earle Lobdell [e-mail] Marc M. Umeda [e-mail] Mark C. Gardy [e-mail] Dated: December 15, 2010 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28