Medina v. Clovis Oncology, Inc. et al

Filing 55

MINUTE ORDER denying without prejudice 53 Stipulated Motion to Set Schedule for Filing Consolidated Complaint and Response Thereto and to Stay Discovery and Related Proceedings by Magistrate Judge Michael E. Hegarty on 03/31/2016.(mdave, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02546-RM-MEH
Consolidated with 15-cv-02547 and 15-cv-02697
SONNY P. MEDINA, individually and on behalf of all others similarly situated,
STEVE KIMBRO, individually and on behalf of all others similarly situated,
RALPH P. ROCCO, individually and on behalf of all others similarly situated,
M. ARKIN (1999) LTD, and
ARKIN COMMUNICATIONS LTD,
Plaintiffs,
v.
CLOVIS ONCOLOGY, INC.,
PATRICK J. MAHAFFY, and
ERLE T. MAST,
Defendants.
______________________________________________________________________________
MINUTE ORDER
______________________________________________________________________________
Entered by Michael E. Hegarty, United States Magistrate Judge, on March 31, 2016.
The Stipulated Motion to Set Schedule for Filing Consolidated Complaint and Response
Thereto and to Stay Discovery and Related Proceedings Under the PSLRA [filed March 30, 2016;
docket #53] is denied without prejudice. The motion is based on the mistaken assumption that four
“actions ... have been consolidated pursuant to Fed. R. Civ. P. 42(a).” However, the record indicates
that Moran v. Clovis Oncology, Inc., et al., No. 16-cv-00459-RM-MEH has not (yet) been
consolidated with the instant action and still stands as a separate action.1

1

In discussing Moran at the March 14, 2016 Status Conference (Conference Transcript,
10: 1-20, docket #10), the Court directed the parties, “once you get that transferred case here, if
you do, then you’ll move to consolidate, and so we can move forward in all these at once.” Id.,
15: 19-23.