Kahn v. Ordonez et al

Filing 46

STIPULATION AND ORDER AS MODIFIED BY THE COURT Setting Expedited Briefing Schedule and Terminated Pending Motions. Set/Reset Deadlines as to 42 MOTION to Stay Temporary Stay in Favor of Parallel Delaware State Court Proceeding; Memorandum of Po ints and Authorities in Support Thereof, 43 MOTION to Expedite Discovery.Oppositions due by 3/30/2011. Motion Hearing set for 4/18/2011 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. *** 4/11/2011 Hearing/Deadlines; Motions terminated: 31 MOTION to Dismiss, 30 MOTION to Dismiss. Signed by Judge James Ware on 3/29/2011. (ecg, COURT STAFF) (Filed on 3/29/2011)

"In re Celera Corporation Derivative Litigation."

Doc. 46

1 Jennifer Sarnelli (Cal. Bar No. 242510)
[e-mail] 2 GARDY & NOTIS, LLP 560 Sylvan Avenue 3 Englewood Cliffs, NJ 07632 Tel: [phone] Fax: [phone]

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5 Attorneys for Plaintiffs 6 7 8 9 10 11 12 13 14 15 16
This Document Relates To: ALL ACTIONS In re CELERA CORP. DERIVATIVE LITIG. ) ) ) ) ) ) ) )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Lead Case No. C 10-02935 JW STIPULATION AND [PROPOSED] ORDER SETTING EXPEDITED BRIEFING SCHEDULE AND TAKING MOTIONS TO DISMISS OFF CALENDAR

WHEREAS, Plaintiffs in the above-captioned case have filed a Motion for Leave to File

17 an Amended Consolidated Shareholder Derivative Complaint to address a new development 18 whereby Nominal Defendant Celera Corporation is being acquired through a tender offer by 19 Quest Diagnostics Incorporated; 20
WHEREAS, the tender offer will expire on April 25, 2011 and therefore Plaintiffs seek to

21 shorten time for this motion to be heard from the Court set date of June 27, 2011; 22
WHEREAS, Plaintiffs seek to expedite discovery regarding the new claims alleged in the

23 proposed Amended Complaint; 24
WHEREAS, if the Court grants Plaintiffs' motion to amend, Defendants seek to

25 temporarily stay for 30 days the new claims alleged in Plaintiffs' proposed Amended Complaint 26 in favor of a parallel proceeding in Delaware; 27 28
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STIP. AND [PROP.] ORDER SETTING EXPEDITED BRIEFING SCHEDULE & TAKING MOTS. OFF CALENDAR Case No. 10-cv-02935 JW Dockets.Justia.com

WHEREAS, in the interests of efficiency for the Court and the parties, Defendants seek

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1 to have their motion for a temporary stay heard at the same time as Plaintiffs' motions; 2
WHEREAS, the parties agree that in light of Plaintiffs' motion to amend their complaint,

3 the currently pending motions to dismiss (Docket Nos. 30 & 31),are withdrawn. The Clerk of scheduled to be heard on 4 Court 11, 2011, shouldApril 11, 2011 hearing and terminate these motions from the Docket. April shall vacate the be taken off calendar; 5
WHEREAS, pursuant to Northern District Local Rule 6-2, Plaintiffs and Defendants met

6 and conferred and agreed upon an expedited proposed schedule to address the parties' other 7 motions; 8
WHEREAS, the Court previously has entered the following scheduling modifications: (i)

9 on November 2, 2010, pursuant to stipulation the Court continued the case management 10 conference scheduled for November 15, 2010 to March 28, 2011; (ii) on December 16, 2010, the 11 Court continued the hearing on Defendants' motions to dismiss from March 7, 2011 to April 11, 12 2011, took the case management conference scheduled for March 28, 2011 off calendar, and 13 modified the briefing schedule for Defendants' motions to dismiss accordingly; and (iii) on 14 January 14, 2011, pursuant to stipulation the Court extended Defendants' deadline to file their 15 motions to dismiss from January 17, 2011 to January 18, 2011; 16
NOW THEREFORE, Plaintiffs and Defendants, through their counsel of record, stipulate

17 to the following: 18 19
IT IS HEREBY STIPULATED that (i) Defendants will file their opposition to Plaintiffs' motion to amend on Wednesday,

20 March 30, 2011; 21
(ii) Defendants will file their motion for a temporary stay on Monday, March 28, 2011.

22 Plaintiffs will file their opposition to that motion on Wednesday, March 30, 2011; 23
(iii) Plaintiffs will file their motion for expedited discovery on Monday, March 28, 2011.

24 Defendants will file their opposition to that motion on Wednesday, March 30, 2011; 25
(iv) Plaintiffs and Defendants waive the right to file reply briefs in connection with the

26 above-referenced motions; 27 28
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STIP. AND [PROP.] ORDER SETTING EXPEDITED BRIEFING SCHEDULE & TAKING MOTS. OFF CALENDAR Case No. 10-cv-02935 JW

(v) Plaintiffs and Defendants seek to have the above-referenced motions heard by the

April 18, 2011 2011 at AM. 1 Court on Friday, April 1, at 9:00 10:00 a.m. Pacific Time or as soon thereafter as convenient to

2 the Court; and 3
(vi) Defendants' pending motions to dismiss scheduled to be heard on April 11, 2011,

4 are withdrawn. The Clerk of Court shall terminate these Motions from the Docket. are taken off calendar, without prejudice to re-filing at a later time. 5 6 IT IS SO STIPULATED: 7 8 9 10 11 12 13 14 15 DATED: March 28, 2011 16 17 18 19 20 21 22 23 24 25 26 27 28
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STIP. AND [PROP.] ORDER SETTING EXPEDITED BRIEFING SCHEDULE & TAKING MOTS. OFF CALENDAR Case No. 10-cv-02935 JW

DATED: March 28, 2011

GARDY & NOTIS, LLP By: /s/ Jennifer Sarnelli Jennifer Sarnelli Attorney for Plaintiffs GARDY & NOTIS, LLP 560 Sylvan Avenue Englewood Cliffs, NJ 07632 201.567.7377 phone [phone] fax [e-mail] MORRISON & FOERSTER LLP JORDAN ETH JUDSON LOBDELL DANIEL J. VECCHIO By: /s/ Jordan Eth Jordan Eth 425 Market Street San Francisco, CA 94105 Tel: [phone] Fax: [phone] Email: [e-mail] Counsel for Nominal Defendant Celera Corporation and Individual Defendants Kathy Ordońez, Joel R. Jung, Ugo Deblasi William G. Green, Richard H. Ayers, Jean-Luc Bélingard, Gail K. Naughton, Wayne I. Roe, Peter Barton Hutt, and Bennett M. Shapiro

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March 29, 2011 3 DATED: _________________

ORDER

2 PURSUANT TO STIPULATION, IT IS SO ORDERED.AS MODIFIED.
_____________________________ THE HONORABLE JAMES WARE UNITED STATES DISTRICT JUDGE

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STIP. AND [PROP.] ORDER SETTING EXPEDITED BRIEFING SCHEDULE & TAKING MOTS. OFF CALENDAR Case No. 10-cv-02935 JW

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ECF CERTIFICATION I, Jordan Eth, am the ECF User whose ID and password are being used to file this

3 STIPULATION AND [PROPOSED] ORDER SETTING EXPEDITED BRIEFING 4 SCHEDULE AND TAKING MOTIONS TO DISMISS OFF CALENDAR. In compliance 5 with General Order 45, X.B., I hereby attest that Jennifer Sarnelli has concurred in this filing. 6 7 DATED: March 28, 2011 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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STIP. AND [PROP.] ORDER SETTING EXPEDITED BRIEFING SCHEDULE & TAKING MOTS. OFF CALENDAR Case No. 10-cv-02935 JW

By: /s/ Jordan Eth Jordan Eth