Permutter v. Intuitive Surgical,inc et al

Filing 46

ORDER Approving 45 Joint Stipulation Regarding Date to File Amended Complaint and Briefing Deadlines. The August 11, 2011 motion hearing and Case Management Conference remain as set. Signed by Judge Koh on 3/24/2011. (lhklc3, COURT STAFF) (Filed on 3/24/2011)

Perlmutter v. Intuitive Surgical,inc et al

Doc. 46

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KEKER & VAN NEST LLP ROBERT A. VAN NEST - #84065 MICHAEL D. CELIO - #197998 SUYUN H. KIM - #263117 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] [e-mail] [e-mail] Attorneys for Defendants INTUITIVE SURGICAL, INC., BENJAMIN GONG, ALEKS CUKIC, JEROME MCNAMARA, MARK J. RUBASH, GARY GUTHART, MARSHALL MOHR, AND LONNIE SMITH

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION JACK PERLMUTTER, individually and on behalf of all others similarly situated, Plaintiffs, v. INTUITIVE SURGICAL, INC., BENJAMIN GONG, ALEKS CUKIC, JEROME MCNAMARA, MARK J. RUBASH, GARY GUTHART, MARSHALL MOHR, AND LONNIE SMITH, Defendants. STIPULATION RE DATE TO FILE AMENDED COMPLAINT AND MOTION TO DISMISS AND [PROPOSED] ORDER Case No. CV-10-03451-LHK

548995.01

STIPULATION RE DATE TO FILE AMENDED COMPLAINT AND MOTION TO DISMISS CASE NO. CV-10-03451-LHK Dockets.Justia.com

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WHEREAS on February 15, 2011, a lead plaintiff and lead counsel were appointed pursuant to the Private Securities Litigation Reform Act of 1995 (the "Reform Act"); WHEREAS prior to that time there was no counsel with authority to negotiate with defendants on behalf of the purported class; WHEREAS in the approximately one month since lead counsel was appointed the parties have met and conferred about the merits of the case; WHEREAS the parties have shared documentary and other evidence regarding the merits notwithstanding the discovery stay imposed by the Reform Act; WHEREAS the parties are engaged in discussions in an attempt to resolve the case; WHEREAS those discussions have been productive and the parties intend to continue to meet, including, if appropriate, under the auspices of a private mediator; WHEREAS the parties are mindful of the Court's desire to move this case toward resolution; WHEREAS the Court set the following schedule in its February 15, 2011 order: Amended Complaint: Motion to Dismiss: Opposition: Reply: Motion Hearing and CMC April 1, 2011 May 16, 2011 June 30, 2011 July 25, 2011 August 11, 2011

WHEREAS a two week extension of time for filing am amended complaint (if any) and a one week extension of time to file a motion to dismiss (if any) and the opposition thereto would permit the parties to continue their discussions and potentially resolve the case; WHEREAS the parties proposed schedule will not alter the hearing date on the motion to dismiss or the dates for a reply brief to be filed; and WHEREAS the parties to this Action agree that under the unique circumstances of this case, justice and judicial economy will best be served if this Court approves the following stipulated and agreed schedule.

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548995.01

STIPULATION RE DATE TO FILE AMENDED COMPLAINT AND MOTION TO DISMISS CASE NO. CV-10-03451-LHK

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IT IS THEREFORE STIPULATED, SUBJECT TO THE COURT'S APPROVAL: The parties shall abide by the following deadlines: Amended Complaint: Motion to Dismiss: Opposition: Reply: Motion Hearing and CMC: IT IS SO STIPULATED. KEKER & VAN NEST LLP April 16, 2011 (two weeks later than previously ordered) May 23, 2011 (one week later than previously ordered) July 7, 2011 (one week later than previously ordered) July 25, 2011 (no change) August 11, 2011 (no change)

By: /s/ Michael D. Celio ROBERT A. VAN NEST MICHAEL D. CELIO SUYUN KIM Attorneys for Defendants INTUITIVE SURGICAL, INC., BENJAMIN GONG, ALEKS CUKIC, JEROME MCNAMARA, MARK J. RUBASH, GARY GUTHART, MARSHALL MOHR, AND LONNIE SMITH.

ABRAHAM, FRUCHTER & TWERKSY

By: /s/ Ian Berg (by express permission) IAN BERG Attorneys for Lead Plaintiff ST. LOUIS POLICE RETIREMENT SYSTEM

IT IS SO ORDERED. Dated: March 24, 2011

By: __________________________________ LUCY H. KOH UNITED STATES DISTRICT JUDGE

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548995.01

STIPULATION RE DATE TO FILE AMENDED COMPLAINT AND MOTION TO DISMISS CASE NO. CV-10-03451-LHK