Kahn v. Ordonez et al

Filing 76

STIPULATION AND ORDER Vacating 12/2/2011 Case Management Conference re 75 Stipulation. The case management conference currently scheduled for December 2, 2011, shall be rescheduled to a date and time that is convenient to the Court after the Court has ruled on defendants' pending motion to dismiss the Securities Action; and the parties shall file a Joint Case Management Conference Statement ten days prior to the conference. Signed by Judge Edward J. Davila on 11/23/2011. (ecg, COURT STAFF) (Filed on 11/23/2011)

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JORDAN ETH (CA SBN 121617)
[e-mail]
JUDSON E. LOBDELL (CA SBN 146041)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street, 32nd Floor
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
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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[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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In re CELERA CORP. DERIVATIVE LITIG.

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Case No. 10-cv-02935-EJD(HRL)
DERIVATIVE ACTION

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This Document Relates To:

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ALL ACTIONS

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STIPULATION AND [PROPOSED] ORDER CONTINUING CMC;
CASE NO. 10-CV-02935-EJD(HRL)
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STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

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Pursuant to Civil L.R. 7-12, the parties, by and through their undersigned counsel of

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record, submit the following stipulation and proposed order requesting that the case management

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conference currently scheduled for December 2, 2011 be rescheduled to a date and time that is

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convenient to the Court after the Court has ruled on defendants’ pending motion to dismiss in the

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related action entitled In re Celera Corp. Securities Litigation, Case No. 10-cv-2604-EJD (HRL)

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(the “Securities Action”), currently pending before this Court.

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WHEREAS, on August 11, 2010, the Court related the above-captioned action to the

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action entitled In re Celera Corp. Securities Litigation, Case No. 10-cv-2604-EJD (HRL) (the

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“Securities Action”), currently pending before this Court [Dkt. No. 7];

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WHEREAS, pursuant to the August 11, 2010 order, the Court set a case management
conference for December 20, 2010 [Dkt. No. 7];
WHEREAS, pursuant to an order dated September 23, 2010, the Court rescheduled the
case management conference for November 15, 2010 [Dkt. No. 13];
WHEREAS, pursuant to the parties’ stipulation, on November 10, 2010, the Court
rescheduled the case management conference for March 28, 2011 [Dkt. No. 25];
WHEREAS, on December 16, 2010, the Court vacated the March 28, 2011 case
management conference as premature [Dkt. No. 27];
WHEREAS, on April 22, 2011, Plaintiffs in the present action filed their Amended

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Consolidated Verified Shareholder Derivative Complaint (the “Amended Complaint”) against

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nominal defendant Celera Corporation and certain of its current and former officers and directors

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(“Defendants”) [Dkt. No. 61];

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WHEREAS, on April 25, 2011, this action was reassigned to the Honorable Edward J.
Davila [Dkt. No. 62];
WHEREAS, on May 10, 2011, the Court ordered the parties’ stipulation in the present

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

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Complaint until the Court resolves the defendants’ motion to dismiss in the related Securities

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Action [Dkt. No. 70];

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STIPULATION AND [PROPOSED] ORDER CONTINUING CMC;
CASE NO.10-CV-02935-EJD(HRL)
sf-3070612

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WHEREAS, defendants’ motion to dismiss the Securities Action has been taken under
submission by the Court [Dkt. No. 61];
WHEREAS, by Clerk’s Notice entered on August 24, 2011 [Dkt. No. 73], a case
management conference in this action is currently scheduled for December 2, 2011;
WHEREAS, it would conserve judicial and party resources to hold the case management

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conference in this action after the Court has decided the defendants’ motion to dismiss the

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Securities Action;

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IT IS HEREBY STIPULATED AND AGREED, by the parties through their undersigned
counsel of record, subject to approval of the Court, as follows:
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The case management conference currently scheduled for December 2, 2011, shall

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be rescheduled to a date and time that is convenient to the Court after the Court has ruled on

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defendants’ pending motion to dismiss the Securities Action; and

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2.

The parties shall file a Joint Case Management Conference Statement ten days

prior to the conference.

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STIPULATION AND [PROPOSED] ORDER CONTINUING CMC;
CASE NO. 10-CV-02935-EJD(HRL)
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Dated: November 22, 2011

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MORRISON & FOERSTER LLP
JORDAN ETH
JUDSON LOBDELL

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By: /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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Dated: November 22, 2011

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ROBBINS UMEDA LLP
MARC M. UMEDA
GEORGE C. AGUILAR
JULIA M. WILLIAMS

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By: /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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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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November 23, 2011
Dated: ___________________
Honorable Edward J. Davila
United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER CONTINUING CMC;
CASE NO. 10-CV-02935-EJD(HRL)
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I, Judson E. Lobdell, am the ECF User whose ID and password are being used to file this

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Stipulation and [Proposed] Order Continuing Case Management Conference. In compliance with

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General Order No. 45, X.B., I hereby attest that George Aguilar has concurred in this filing.

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By: /s/ Judson Lobdell
Judson Lobdell

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STIPULATION AND [PROPOSED] ORDER CONTINUING CMC;
CASE NO. 10-CV-02935-EJD(HRL)
sf-3070612

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