Kahn v. Ordonez et al

Filing 70

STIPULATION AND ORDER Extending Defendants' Time to Respond to Plaintiffs' Amended Consolidated Verified Shareholder Derivative Complaint. Signed by Judge Edward J. Davila on 5/10/2011. (ejdlc1, COURT STAFF) (Filed on 5/10/2011).

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6 Attorneys for Nominal Defendant
Celera Corporation and Defendants
7 Kathy Ordoñez, Joel R. Jung, Ugo DeBlasi,
8 Richard A. Ayers, Jean-Luc Bélingard,
William G. Green, Peter Barton Hutt,
9 Gail K. Naughton, Wayne I. Roe, and Bennett M. Shapiro

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10 [Additional counsel appear on signature page.]
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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15 In re CELERA CORP. DERIVATIVE LITIG.

Case No.

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DERIVATIVE ACTION

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STIPULATION EXTENDING
DEFENDANTS’ TIME TO
RESPOND TO PLAINTIFFS’
AMENDED CONSOLIDATED
VERIFIED SHAREHOLDER
DERIVATIVE COMPLAINT
PURSUANT TO LOCAL
RULE 6-1(A)

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This Document Relates To:
ALL ACTIONS

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STIPULATION EXTENDING TIME TO RESPOND
CASE NO. 10-CV-02935-EJD
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1 JORDAN ETH (CA SBN 121617)
[e-mail]
2 JUDSON E. LOBDELL (CA SBN 146041)
[e-mail]
3 MORRISON & FOERSTER LLP
425 Market Street, 32nd Floor
4 San Francisco, California 94105-2482
Telephone: [phone]
5 Facsimile: 415.268.7522

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10-cv-02935-EJD

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Pursuant to Civil Local Rule 6-1(a) for the Northern District of California, the parties, by

2 and through their undersigned counsel, stipulate as follows:
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WHEREAS, on June 14, 2010, a securities class action entitled Washtenaw County

4 Employees’ Retirement System v. Celera Corporation, Case No. C 10-2604-EJD (the “Securities
5 Action”) was filed in United States District Court for the Northern District of California;
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WHEREAS, on July 2 and 9, 2010, plaintiffs Alan R. Kahn and Betty Greenberg

7 (“Plaintiffs”) filed the present shareholder derivative actions, which were consolidated into a single
8 action on September 23, 2010;
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WHEREAS, on August 11, 2010, the Court related the present action to the Securities

10 Action;
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WHEREAS, on April 22, 2011, Plaintiffs in the present action filed their Amended

12 Consolidated Verified Shareholder Derivative Complaint (the “Amended Complaint”) against
13 nominal defendant Celera Corporation and certain of its officers and directors (“Defendants”)
14 alleging breach of fiduciary duty and unjust enrichment;
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WHEREAS, plaintiffs in the above-referenced and related Securities Action currently are

16 scheduled to file an amended complaint on or before May 6, 2011, and the parties currently are
17 scheduled to complete briefing on defendants’ anticipated motion to dismiss in the Securities
18 Action on or before September 1, 2011;
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WHEREAS, the present action relies upon many of the same underlying facts and events as

20 those at issue in the Securities Action; and
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WHEREAS, the parties agree that, in the interests of efficiency and judicial economy,

22 briefing and hearing of Defendants’ anticipated motions to dismiss the Amended Complaint should
23 be deferred until the Court resolves the defendants’ motion to dismiss the Securities Action.
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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties to this

25 action, through their counsel of record, as follows:
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STIPULATION EXTENDING TIME TO RESPOND
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1

1.

Defendants’ time to answer, move, or otherwise respond to the Amended Complaint

2 is extended until after the Court resolves the defendants’ motion to dismiss the Securities Action, as
3 set forth in 2 below.
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2.

Within twenty (20) days after the date of filing of the Court’s Order on defendants’

5 motion to dismiss the Securities Action, the parties will meet and confer regarding a schedule
6 pursuant to which the Defendants will answer, move, or otherwise respond to the Amended
7 Complaint.
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3.

The parties reserve their right to renegotiate the terms of this Stipulation, or to

9 otherwise request appropriate relief from the Court at any time.
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2 DATED: April 28, 2011
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MORRISON & FOERSTER LLP
JORDAN ETH
JUDSON LOBDELL

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s/ Judson Lobdell
Judson Lobdell

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Attorneys for Nominal Defendant Celera
Corporation and Defendants Kathy Ordoñez,
Joel R. Jung, Ugo DeBlasi, Richard A. Ayers,
Jean-Luc Bélingard, William G. Green,
Peter Barton Hutt, Gail K. Naughton,
Wayne I. Roe, and Bennett M. Shapiro

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10 DATED: April 28, 2011
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ROBBINS UMEDA LLP
MARC M. UMEDA
GEORGE C. AGUILAR
JULIA M. WILLIAMS
s/George C. Aguilar
GEORGE C. AGUILAR

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Attorneys for Plaintiffs

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GARDY & NOTIS, LLP
MARK C. GARDY
JENNIFER SARNELLI
KELLY A. NOTO

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Co-Lead Counsel for Plaintiffs

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I, Judson E. Lobdell, am the ECF User whose ID and password are being used to file this

2 Stipulation Extending Defendants’ Time to Respond to Plaintiffs’ Amended Consolidated Verified
3 Shareholder Derivative Complaint Pursuant to Local Rule 6-1(A). In compliance with General
4 Order No. 45, X.B., I hereby attest that George Aguilar has concurred in this filing.
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/s/ Judson E. Lobdell___
JUDSON E. LOBDELL

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