Oklahoma Police Pension & Retirement System v. Sientra, Inc. et al

Filing 38

ORDER GRANTING (37 in 5:15-cv-05549-EJD) STIPULATION WITH PROPOSED ORDER Removing From Calendar The Initial Case Management Conference filed by Hani Zeini, Kevin O'Boyle, Nicholas Simon, R. Scott Greer, Matthew Pigeon, Sientr a, Inc., Jeffrey Nugent. The Initial Case Management Conference currently set for April 28, 2016 has been taken off calendar and the Court will reset the conference and the other related deadlines if it becomes necessary to do so. Signed by Judge Edward J. Davila on 4/15/2016. (ecg, COURT STAFF) (Filed on 4/15/2016)

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COOLEY LLP
KOJI F. FUKUMURA (189719) ([e-mail])
RYAN E. BLAIR (246724) ([e-mail])
4401 Eastgate Mall
San Diego, CA 92121
Telephone:
[phone]
Facsimile:
[phone]
COOLEY LLP
JEFFREY M. KABAN (235743) ([e-mail])
JEFFREY M. WALKER (280505) ([e-mail])
3175 Hanover Street
Palo Alto, CA 94304
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
SIENTRA, INC., HANI ZEINI, MATTHEW PIGEON,
NICHOLAS SIMON, R. SCOTT GREER, KEVIN
O’BOYLE, and JEFFREY NUGENT
[Additional counsel listed on signature page]
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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OKLAHOMA POLICE PENSION &
RETIREMENT SYSTEM, Individually and
on Behalf of All Others Similarly Situated,
Plaintiff,
v.
SIENTRA, INC., et al.,
Defendants.

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COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

Case No. 5:15-cv-05549-EJD
CLASS ACTION
STIPULATION AND [PROPOSED] ORDER
REMOVING FROM CALENDAR THE INITIAL
CASE MANAGEMENT CONFERENCE
DATE:
TIME:
JUDGE:
CTRM:

N/A
N/A
Hon. Edward J. Davila
4, 5th Floor

ANGELO ALBANO, et al., Individually and
on Behalf of All Others Similarly Situated,
Case No. 5:15-cv-05550-EJD
Plaintiffs,
v.
SIENTRA, INC., et al.,
Defendants.
HOWARD KLEIMAN, Individually and on
Behalf of All Others Similarly Situated,
Case No. 5:15-cv-5553-EJD
Plaintiff,
v.
SIENTRA, INC., et al.,
Defendants.
STIPULATION AND [PROPOSED] ORDER
REMOVING FROM CALENDAR THE INITIAL CMC

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Plaintiffs Oklahoma Police Pension & Retirement System, Angelo Albano, and Howard

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Kleiman (collectively “Plaintiffs”) and defendants Sientra, Inc., Hani Zeini, Matthew Pigeon,

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Nicholas Simon, Timothy Haines, R. Scott Greer, Kevin O’Boyle, Jeffrey Nugent, Piper Jaffray

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& Co., Stifel, Nicolaus & Company, Incorporated, Leerink Partners LLC, and William Blair &

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Company, L.L.C. (collectively “Defendants” and together with Plaintiffs, the “Parties”), by and

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through their undersigned counsel, hereby stipulate as follows:

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WHEREAS, on October 28, 2015, Plaintiff Oklahoma Police Pension & Retirement

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System filed a putative class action complaint (the “Oklahoma Police Pension Action”) in the

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California Superior Court for the County of San Mateo, against Defendants, which was removed

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to this Court on December 4, 2015;

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WHEREAS, on November 5, 2015, Angelo Albano filed a similar putative class action

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complaint in the California Superior Court for the County of San Mateo asserting the same or

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substantially similar claims against Defendants, captioned Albano, et al. v. Sientra, Inc., et al.,

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Case No. 3:15-cv-5550-WHO (the “Albano Action”), which was removed to this District on

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December 4, 2015;

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WHEREAS, on November 19, 2015, Howard Kleiman filed another similar putative class

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action complaint in the California Superior Court for the County of San Mateo asserting the

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same or substantially similar claims against Defendants, captioned Kleiman v. Sientra, Inc., et

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al., Case No. 3:15-cv-5553-HSG (the “Kleiman Action”), which was removed to this District on

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December 4, 2015;

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WHEREAS, the Albano Action and the Kleiman Action were related to the Oklahoma
Police Pension Action and reassigned to this Court on December 29, 2015;

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WHEREAS, Plaintiffs moved to remand the Oklahoma Police Pension Action, the Albano

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Action, and the Kleiman Action (the “Related Actions”) on December 15, 2015, Defendants filed

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oppositions to Plaintiffs’ motions to remand on January 19, 2016, and Plaintiffs filed their reply

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briefs on January 25, 2016;

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WHEREAS, the Parties jointly consented to and the Court ordered the determination of
the motions to remand based on the papers submitted without oral argument;

COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

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STIPULATION AND [PROPOSED] ORDER
REMOVING FROM CALENDAR THE INITIAL CMC

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WHEREAS, the Court entered an order/minute entry setting an Initial Case Management
Conference in the three Related Actions for May 5, 2016 at 10 a.m.;

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WHEREAS, in relation to the May 5, 2016 Initial Case Management Conference, the

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Parties are required to file Rule 26(f) Reports and Case Management Statements on April 28,

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2016 and to meet and confer in relation to these Rule 26(f) Reports and Case Management

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Statements no later than April 14, 2016;1

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WHEREAS, the Plaintiffs’ motions to remand in the three Related Actions are still pending
before the Court and, as a result, all discovery and further proceedings are currently stayed;

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WHEREAS, the Parties have agreed to take the Initial Case Management Conference off

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calendar during the pendency of the motions to remand, and will reset the conference and the

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other related deadlines if it becomes necessary to do so.

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WHEREFORE, IT IS HEREBY STIPULATED AND AGREED that,

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The May 5, 2016 Initial Case Management Conference is removed from the

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Court’s calendar and all other related deadlines are continued accordingly.

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Dated: April 14, 2016

COOLEY LLP

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/s/Koji F. Fukumura
KOJI F. FUKUMURA (189719)

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Attorneys for Defendants
SIENTRA, INC., HANI ZEINI, MATTHEW
PIGEON, NICHOLAS SIMON, R. SCOTT
GREER, KEVIN O’BOYLE, and JEFFREY
NUGENT

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These deadlines were set forth in the Order Setting Initial Case Management Conference and
ADR Deadlines associated with Docket Number 12. The “Proceeding Text” docket entry
associated with Docket Number 12 provides different deadlines. The Parties share the
understanding that the deadlines established by the Order Setting Initial Case Management
Conference and ADR Deadlines, and not those in the docket’s “Proceeding Text” field, apply.

COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

2.

STIPULATION AND [PROPOSED] ORDER
REMOVING FROM CALENDAR THE INITIAL CMC

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Dated: April 14, 2016

MORGAN, LEWIS & BOCKIUS LLP

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/s/Charlene S. Shimada
CHARLENE S. SHIMADA (91407)

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Attorneys for Defendants
PIPER JAFFRAY & CO., STIFEL, NICOLAUS
& COMPANY, INCORPORATED, LEERINK
PARTNERS LLC, and WILLIAM BLAIR &
COMPANY, L.L.C.

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Dated: April 14, 2016

ROBBINS GELLER RUMAN & DOWD LLP

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/s/ Matthew S. Melamed
MATTHEW S. MELAMED (260272)

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Attorneys for Plaintiff
OKLAHOMA POLICE PENSION &
RETIREMENT SYSTEM

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Dated: April 14, 2016

JOHNSON & WEAVER,LLP

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/s/ Shawn E. Fields
SHAWN E. FIELDS (255267)

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Attorneys for Plaintiffs
ANGELO ALBANO and CHARLES ALBANO
D/B/A/ CA PRODUCTIONS

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Dated: April 14, 2016

ABRAHAM, FRUCHTER & TWERSKY LLP

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/s/ Ian D. Berg
IAN D. BERG (263586)
Attorneys for Plaintiff
HOWARD KLEIMAN

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COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

3.

STIPULATION AND [PROPOSED] ORDER
REMOVING FROM CALENDAR THE INITIAL CMC

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ATTESTATION (CIVIL LOCAL RULE 5-1(i)(3))
In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this

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document has been obtained from the signatories.

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Dated: April 14, 2016

COOLEY LLP

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/s/Koji F. Fukumura
KOJI F. FUKUMURA (189719)

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Attorneys for Defendants
SIENTRA, INC., HANI ZEINI, MATTHEW
PIGEON, NICHOLAS SIMON, R. SCOTT
GREER, KEVIN O’BOYLE, and JEFFREY
NUGENT

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ORDER
Pursuant to the foregoing stipulation, and good cause appearing, IT IS SO ORDERED.

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The Initial Case Management Conference currently set for April 28, 2016 at 2 p.m. has been

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taken off calendar and the Court will reset the conference and the other related deadlines if it

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becomes necessary to do so.

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Dated: April ___, 2016

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Honorable Edward J. Davila
United States District Judge

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COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

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STIPULATION AND [PROPOSED] ORDER
REMOVING FROM CALENDAR THE INITIAL CMC