Bellomo v. Xenoport, Inc. et al

Filing 37

STIPULATION AND ORDER Continuing Case Management Conference Signed by Judge Whyte on 4/28/2011. (rmwlc1, COURT STAFF) (Filed on 4/28/2011)

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COOLEY LLP
JOHN C. DWYER (136533) [e-mail]
JESSICA VALENZUELA SANTAMARIA (220934)
[e-mail]
ADAM TRIGG (261498) [e-mail]
Five Palo Alto Square
3000 El Camino Real
Palo Alto, CA 94306-2155
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
XENOPORT, INC., RONALD W. BARRETT, WILLIAM J.
RIEFLIN, DAVID A. STAMLER, MARK A. GALLOP and
DAVID R. SAVELLO

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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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Case No. 10-CV-3301 RMW

IN RE XENOPORT, INC. SECURITIES
LITIGATION

STIPULATION AND ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE

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Date:
Time:
Judge:

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April 29, 2011
10:30 a.m.
Hon. Ronald M. Whyte

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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

935383 v1/HN

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STIPULATION AND ORDER
CONTINUING CASE MANAGEMENT CONFERENCE
10-CV-3301 RMW

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STIPULATION

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THE PARTIES stipulate as follows:

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This matter is a class action under the federal securities laws and is subject to a stay of

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discovery under the Private Securities Litigation Reform Act of 1995. 15 U.S.C. §78u-4(b)(3)(B).

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A Case Management Conference is currently set for April 29, 2011.

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The parties respectfully submit that any case management conference in this matter would

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be premature and would not benefit the Court or the parties both because discovery is stayed and

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defendants’ motion to dismiss plaintiff’s consolidated complaint is currently pending before the

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Court.

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Accordingly, the parties jointly request that the Court take the April 29, 2011 Case
Management Conference off calendar, to be rescheduled after the discovery stay is lifted.
IT IS SO STIPULATED.

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Dated: April 22, 2011

COOLEY LLP

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/s/
Adam Trigg (261498)
Attorneys for Defendants
XENOPORT, INC., RONALD W. BARRETT,
WILLIAM J. RIEFLIN, DAVID A. STAMLER,
MARK A. GALLOP and DAVID R. SAVELLO

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HARWOOD FEFFER LLP

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/s/
Samuel K. Rosen
Co-Lead Class Counsel

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I, Adam Trigg, am the ECF User whose ID and password are being used to file this Stipulation
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and [Proposed] Order Continuing Case Management Conference. In compliance with General
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Order 45, X.B., I hereby attest that Samuel Rosen has concurred in this filing.
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/s/
Adam Trigg

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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

935383 v1/HN

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STIPULATION AND ORDER
CONTINUING CASE MANAGEMENT CONFERENCE
10-CV-3301 RMW

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ORDER

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Pursuant to the stipulation of the parties, the April 29, 2011 Case Management Conference

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is continued and will be rescheduled if necessary after the discovery stay is lifted. No Case

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Management Statement is currently due.

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IT IS SO ORDERED.

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DATED: ____04/28/2011_________
THE HONORABLE RONALD M. WHYTE
UNITED STATES DISTRICT JUDGE

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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

935383 v1/HN

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STIPULATION AND ORDER
CONTINUING CASE MANAGEMENT CONFERENCE
10-CV-3301 RMW