Deangelis v. Anavex Life Sciences Corp. et al

Filing 21

ORDER granting 17 Stipulation for Extension of Time to Respond to Nominal Defendant Anavex Life Sciences Corp.'s Opposition (Ecf No. 8 ) and Countermotion (Ecf No. 11 ). Replies due by 11/19/2024 and Responses due by 11/27/2024. Signed by Magistrate Judge Maximiliano D. Couvillier, III on 11/26/2024. (Copies have been distributed pursuant to the NEF - MAM)

Download PDF
4 William R. Ginn, NV Bar No. 6989 LEVERTY & ASSOCIATES LAW, CHTD. 832 Willow Street Reno, NV 89502 Tel. 775.322.6636 Fax. 775.322.3953 Email: bill@levertylaw.com 5 Attorneys for Plaintiff 6 [Additional counsel on signature block] 1 2 3 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 DENISE DEANGELIS, derivatively on behalf of ANAVEX LIFE SCIENCES CORP., Plaintiff, Case No.: 2:24-cv-00891-JCM-MDC vs. CHRISTOPHER MISSLING, PETER DONHAUSER, JIONG MA, ATHANASIOS SKARPELOS, STEFFEN THOMAS, and CLAUS VAN DER VELDEN, Defendants, and FOURTH STIPULATION EXTENDING TIME FOR PLAINTIFF TO RESPOND TO NOMINAL DEFENDANT ANAVEX LIFE SCIENCES CORP.’S OPPOSITION (ECF NO. 8) AND COUNTERMOTION (ECF NO. 11) (Fourth Request) ANAVEX LIFE SCIENCES CORP., Nominal Defendant. The parties to the above-captioned action hereby stipulate to extend the amount of time for plaintiff Denise Deangelis (“Plaintiff”) to: (1) reply to Nominal Defendant Anavex Life Sciences Corp.’s 24 (“Anavex” or the “Company”) Response to Motion for Entry of Clerk’s Default (the “Opposition”) filed 25 October 8, 2024 (ECF No. 8); and (2) respond to Anavex’s separately filed Counter Motion for Scheduling 26 Order filed October 9, 2024 (ECF No. 11) and in support thereof state as follows: 27 28 WHEREAS, on May 13, 2024, Plaintiff filed a Verified Shareholder Derivative Complaint on THIRD STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR PLAINTIFF TO RESPOND TO NOMINAL DEFENDANT ANAVEX LIFE SCIENCES CORP.’S OPPOSITION AND COUNTERMOTION 1 behalf of Nominal Defendant Anavex in this Court alleging causes of action for breach of fiduciary duties, 2 unjust enrichment, waste of corporate assets, gross mismanagement, abuse of control, and violations of 3 4 5 6 Section 14(a) of the Securities Exchange Act of 1934 (the “Exchange Act”) against defendants Christopher Missling (“Missling”), Peter Donhauser, Jiong Ma, Athanasios Skarpelos, Steffen Thomas, and Claus van der Velden (collectively, the “Individual Defendants,” and together with Anavex, the “Defendants”), and 7 against Defendant Missling for contribution under Sections 10(b) and 21D of the Exchange Act (ECF No. 8 1); 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, on July 1, 2024, Plaintiff personally served the registered agent of Nominal Defendant Anavex (ECF No. 5); WHEREAS, on September 26, 2024, Plaintiff filed a Request to the Clerk of the Court to Enter Default as to Anavex (ECF No. 7); WHEREAS, on October 8, 2024, Anavex filed a Response to Motion for Entry of Clerk’s Default (the “Opposition”) (ECF No. 8); WHEREAS, on October 9, 2024, Anavex separately filed a Counter Motion for Scheduling Order (the “Countermotion”) (ECF No. 11); WHEREAS, on October 15, 2024, the parties jointly filed a Stipulation Extending Time for Plaintiff to Respond to Nominal Defendant Anavex Life Sciences Corp’s Opposition (ECF No. 8) and Countermotion (ECF No. 11), requesting that the Court extend the deadline for Plaintiff to respond to both the Opposition and the Countermotion by one week, which the Court so ordered on October 16, 2024 (ECF Nos. 12, 13); 24 WHEREAS, on October 22, 2024, the parties jointly filed a Second Stipulation Extending Time 25 for Plaintiff to Respond to Nominal Defendant Anavex Life Sciences Corp.’s Opposition (ECF No. 8) and 26 27 28 Countermotion (ECF No. 11), requesting that the Court extend the deadline for Plaintiff to respond to both the Opposition and the Countermotion by two weeks, which the Court so ordered on October 28, 2024 FOURTH STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR PLAINTIFF TO RESPOND TO NOMINAL DEFENDANT ANAVEX LIFE SCIENCES CORP.’S OPPOSITION AND COUNTERMOTION 1 2 3 4 5 6 7 (the “Order”) (ECF Nos. 14, 15); WHEREAS, on November 5, 2024, the parties jointly filed a Third Stipulation Extending Time for Plaintiff to Respond to Nominal Defendant Anavex Life Sciences Corp.’s Opposition (ECF No. 8) and Countermotion (ECF No. 11), requesting that the Court extend the deadlines for Plaintiff to respond to both the Opposition and the Countermotion by one week, which would make the new deadlines November 12, 2024, and November 20, 2024, respectively (ECF No. 16); 8 WHEREAS, counsel for Plaintiff and counsel for Anavex have continued to meet and confer 9 regarding the Opposition and Countermotion and the most efficient way to proceed and agree that a one- 10 week extension of Plaintiff’s deadline to reply to the Opposition, and a one-week extension of Plaintiff’s 11 12 13 14 15 deadline to respond to the Countermotion are reasonable to account for the parties’ discussions on next steps to be taken in the case. THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the respective parties hereto, that: 16 1. Plaintiff’s deadline to reply to the Opposition shall be November 19, 2024. 17 2. Plaintiff’s deadline to respond to the Countermotion shall be November 27, 2024. 18 Respectfully submitted, 19 20 21 22 23 24 25 26 27 28 Dated: November 12, 2024 LEVERTY & ASSOCIATES LAW CHTD. _/s/_William R. Ginn_________________ William R. Ginn, NV Bar No. 6989 832 Willow Street Reno, NV 89502 Tel. 775.322.6636 Fax. 775.322.3953 Email: bill@levertylaw.com THE BROWN LAW FIRM, P.C. Timothy Brown 767 Third Avenue, Suite 2501 New York, NY 10017 FOURTH STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR PLAINTIFF TO RESPOND TO NOMINAL DEFENDANT ANAVEX LIFE SCIENCES CORP.’S OPPOSITION AND COUNTERMOTION 2 Telephone: 516.922.5427 Facsimile: 516.344.6204 Email: tbrown@thebrownlawfirm.net 3 Attorneys for Plaintiff 1 4 5 Dated: November 12, 2024 HOLLAND & HART LLP _/s/ Robert J. Cassity___________________ Robert J. Cassity Erica C. Medley 9555 Hillwood Drive, 2nd Floor Las Vegas, NV 89134 6 7 8 9 K&L GATES LLP Stephen G. Topetzes Theodore L. Kornobis 1601 K Street, NW Washington, DC 20006 10 11 12 Attorneys for Nominal Defendant Anavex Life Sciences Corp. 13 14 15 16 17 18 IT IS SO ORDERED: UNITED STATES MAGISTRATE JUDGE DATED: 11-26-24 ____________________________ 19 20 21 22 23 24 25 26 27 28 FOURTH STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR PLAINTIFF TO RESPOND TO NOMINAL DEFENDANT ANAVEX LIFE SCIENCES CORP.’S OPPOSITION AND COUNTERMOTION

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?