Sabbagh v. Cell Therapeutics Inc et al

Filing 89

STIPULATION AND ORDER re: Plaintiffs' Motion for Class Certification; Plaintiffs shall file their motion for class certification on or before February 15, 2012. Signed by Judge Marsha J. Pechman. (SC)

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THE HONORABLE MARSHA J. PECHMAN

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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In re CELL THERAPEUTICS, INC.
CLASS ACTION LITIGATION

Master Docket No. C10-414 MJP
(consolidated with Nos. C10-480 MJP and
C10-559MJP)

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STIPULATION AND ORDER
CONCERNING PLAINTIFFS’ MOTION
FOR CLASS CERTIFICATION

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This Document Relates To: All Actions

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STIPULATION

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WHEREAS, the Order Setting Trial Date & Related Dates, entered by the Court on

22 March 30, 2011, does not address the filing of Plaintiffs’ motion for class certification;
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WHEREAS, the parties previously agreed in their Joint Status Report & Discovery Plan,

24 filed on March 21, 2011, that due to the pendency of the case Erica P. John Fund v. Halliburton
25 Co., No. 09-1403, before the United States Supreme Court, Plaintiffs should file their class
26 certification motion no later than February 15, 2012;

STIPULATION AND ORDER
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WHEREAS, the parties further agree that Plaintiffs should not file their class certification

2 motion until after the completion of expert discovery;
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WHEREAS, pursuant to Local Rule 23(i)(3), the parties believe, based on the foregoing,

4 that good cause exists to grant Plaintiffs relief from Local Rule 23(i)(3); and
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WHEREAS, the parties therefore agree that Plaintiffs have until February 15, 2012 to file

6 their class certification motion.
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IT IS HEREBY STIPULATED AND AGREED THAT:

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The parties believe there is good cause to grant Plaintiffs relief from Local Rule 23(i)(3)

9 to file their motion for class certification on or before February 15, 2012.
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11 Dated: April 13, 2011
ZWERLING, SCHACHTER
& ZWERLING, LLP

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By:

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s/ Dan Drachler
Dan Drachler (WSBA #27728)
1904 Third Avenue, Suite 1030
Seattle, WA 98101-1170
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Counsel for the CTIC Investor Group
and Liaison Counsel for the Class

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BROWER PIVEN
A Professional Corporation
David A.P. Brower
488 Madison Avenue
Eighth Floor
New York, New York 10022
Telephone: [phone]
Facsimile: [phone]

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Counsel for the CTIC Investor Group
and Lead Counsel for the Class

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By:

STIPULATION AND ORDER
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s/ Barry Kaplan
Barry M. Kaplan, WSBA #8661
WILSON SONSINI GOODRICH & ROSATI

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Professional Corporation
701 Fifth Ave
Suite 5100
Seattle, WA 98104-7036
Tel: [phone]
Email: [e-mail]

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Attorneys for Defendants

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STIPULATION AND ORDER
No. 2:10-cv-00414-MJP

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ORDER

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PURSUANT TO STIPULATION, THE COURT ORDERS:

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Given the pendency of the case Erica P. John Fund v. Halliburton Co., No. 09-1403,

4 before the Supreme Court and the date of completion of expert discovery, there exists good
5 cause to grant Plaintiffs relief from Local Rule 23(i)(3). Plaintiffs shall file their motion for
6 class certification on or before February 15, 2012.
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8 Dated: ___May 2, 2011______________
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A

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Marsha J. Pechman
United States District Judge

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Presented by:

16 /s/ Dan Drachler
Dan Drachler, WSBA #27728
17 ZWERLING, SCHACHTER & ZWERLING, LLP
1904 Third Avenue, Suite 1030
18 Seattle, WA 98101-1170
Tel: [phone]
19 Fax: [phone]
Email: [e-mail]
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Counsel for the CTIC Investor Group
21 and Liaison Counsel for the Class
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STIPULATION AND ORDER
No. 2:10-cv-00414-MJP

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