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)

4

William R. Ginn, NV Bar No. 6989
LEVERTY & ASSOCIATES LAW, CHTD.
832 Willow Street
Reno, NV 89502
Tel. [phone]
Fax. [phone]
Email: [e-mail]

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. [phone]
Fax. [phone]
Email: [e-mail]
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: [phone]
Facsimile: 516.344.6204
Email: [e-mail]

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