Kahn v. Ordonez et al

Filing 53

STIPULATION AND ORDER SETTING HEARING DATE FOR PLAINTIFFS' MOTION TO AMEND re 52 Stipulation. Set/Reset Deadlines as to 39 MOTION for Leave to File: Motion Hearing set for 4/18/2011 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 4/12/2011. (ecg, COURT STAFF) (Filed on 4/12/2011)

Jennifer Sarnelli (Cal. Bar No. 242510)

1 GARDY & NOTIS, LLP
2 560 Sylvan Avenue

Englewood Cliffs, NJ 07632

3 Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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In re CELERA CORP. DERIVATIVE
LITIG.

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This Document Relates To:

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ALL ACTIONS

Lead Case No. C 10-02935 JW

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STIPULATION AND [PROPOSED]
ORDER SETTING HEARING DATE
FOR PLAINTIFFS’ MOTION TO
AMEND

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;
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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;
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WHEREAS, the Parties previously submitted a Stipulation and Proposed Order on March
23 28, 2011 seeking to set an expedited schedule for Plaintiffs’ Motions to Amend and Expedite and
24 Defendants’ Motion to Stay;
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WHEREAS, the Court granted the Stipulation and Proposed Order setting a hearing date

26 of April 18, 2011 to hear the Motion to Expedite and Motion to Stay;
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WHEREAS, the Court did not reset the Motion to Amend hearing date;
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STIP. AND [PROP.] ORDER SETTING MOTION TO AMEND HEARING DATE
Case No. 10-cv-02935 JW

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WHEREAS, if the Court denies Plaintiffs’ Motion to Amend, the Motion to Expedite and

2 Motion to Stay become moot;
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WHEREAS, the Court previously has entered the following scheduling modifications: (i)

4 on November 2, 2010, pursuant to stipulation the Court continued the case management
5 conference scheduled for November 15, 2010 to March 28, 2011; (ii) on December 16, 2010, the
6 Court continued the hearing on Defendants’ motions to dismiss from March 7, 2011 to April 11,
7 2011, took the case management conference scheduled for March 28, 2011 off calendar, and
8 modified the briefing schedule for Defendants’ motions to dismiss accordingly; (iii) on January
9 14, 2011, pursuant to stipulation the Court extended Defendants’ deadline to file their motions to
10 dismiss from January 17, 2011 to January 18, 2011; and (iv) on March 29, 2011, the Court set a
11 briefing schedule for Plaintiffs’ Motion to Amend and Motion to Expedite and Defendants’
12 Motion to Stay, and set a hearing date for Plaintiffs’ Motion to Expedite and Defendants’ Motion
13 to Stay;
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NOW THEREFORE, Plaintiffs and Defendants, through their counsel of record, stipulate

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IT IS HEREBY STIPULATED that

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(i) Plaintiffs and Defendants seek to have Plaintiffs’ Motion to Amend heard by the

18 Court on Friday, April 18, 2011 at 9:00 a.m. Pacific Time in conjunction with the hearing
19 scheduled for the Motion to Expedite and Motion to Stay in this action.
20 IT IS SO STIPULATED:
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STIP. AND [PROP.] ORDER SETTING MOTION TO AMEND HEARING DATE
Case No. 10-cv-02935 JW

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DATED: April 7, 2011

GARDY & NOTIS, LLP
By:__/s/ Jennifer Sarnelli__________________
JENNIFER SARNELLI
Attorney for Plaintiffs

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560 Sylvan Avenue
Englewood Cliffs, NJ 07632
201.567.7377 phone
201.567.7337 fax
[e-mail]

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DATED: April 7, 2011

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MORRISON & FOERSTER LLP
JORDAN ETH
JUDSON LOBDELL
DANIEL J. VECCHIO
By:___/s/ Jordan Eth_____________________
Jordan Eth

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425 Market Street
San Francisco, CA 94105
415-268-7187 phone
415-268-7522 fax
[e-mail]

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Counsel for nominal defendant Celera
Corporation and individual defendants Kathy
Ordoñez, 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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***
ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
April 12, 2011
DATED: _________________

_____________________________
THE HONORABLE JAMES WARE
UNITED STATES DISTRICT JUDGE

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STIP. AND [PROP.] ORDER SETTING MOTION TO AMEND HEARING DATE
Case No. 10-cv-02935 JW