Cook v. Atossa Genetics, Inc. et al

Filing 84

JOINT STATUS REPORT, STIPULATION AND ORDER. Lead Plaintiffs shall file their Proposed Amended Complaint on or before October 20, 2017; Defendants will not move to dismiss the Proposed Amended Complaint; the Parties shall hold a Federal Rule of Civil Procedure 26(f) conference on or before November 3, 2017, and shall file a joint status report pursuant to Fed. R. Civ. P. 26(f) and LCR 16(a)(2) on or before November 10, 2017; and Defendants shall answer the Proposed Amended Complaint on or before December 8, 2017. Signed by Judge Ricardo S Martinez. (TH)

THE HONORABLE RICARDO S. MARTINEZ

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CASE NO. 2:13-cv-1836-RSM
IN RE ATOSSA GENETICS, INC.
SECURITIES LITIGATION

JOINT STATUS REPORT,
STIPULATION, AND ORDER

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Plaintiffs Miko Levi, Bandar Almosa, and Gregory Harrison (“Lead Plaintiffs”), and

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Defendants Atossa Genetics, Inc. and Steven C. Quay (“Defendants”) (together the “Parties”)

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provide this Joint Status Update pursuant to the Court’s instructions on September 29, 2017

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(ECF No. 80). Having met and conferred, the Parties submit the following Status Update and
Stipulation Regarding Scheduling, and ask the Court to enter an order consistent with this
Stipulation.
WHEREAS, on August 18, 2017, the Ninth Circuit Court of Appeals filed its order
affirming in part, reversing in part, vacating in part, and remanding this Court’s order on
Defendants’ motion to dismiss. (the “Ninth Circuit Decision”) (ECF No. 73.) The Ninth Circuit’s
mandate issued on September 11, 2017. (ECF No. 74.)
WHEREAS, on September 29, 2017, the parties held a telephonic status conference with

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the Court. (ECF No. 80.)

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JOINT STATUS REPORT, STIPULATION
AND ORDER
Case No. 2:13-cv-1836-RSM

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Zwerling, Schachter & Zwerling, LLP
1904 Third Avenue, Suite 1030
Seattle, WA 98101-1170
Tel.: [phone]

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WHEREAS, on October 4, 2017, Lead Plaintiffs sent a draft proposed amended

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complaint to Defendants (the “Proposed Amended Complaint”). The Proposed Amended

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Complaint modifies the existing operating complaint to conform to the Ninth Circuit Decision.

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WHEREAS, on October 11, 2017, Defendants informed Lead Plaintiffs that they did not
intend to move to dismiss the proposed amended complaint once it was filed.

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WHEREAS, the Parties have previously agreed to jointly attend a mediation on
November 30, 2017, in New York City.
NOW, THEREFORE, counsel for the Parties stipulate and agree as follows:
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Lead Plaintiffs will file their Proposed Amended Complaint on October 20, 2017.

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Defendants will not move to dismiss the Proposed Amended Complaint.

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The Parties will hold a Federal Rule of Civil Procedure 26(f) conference on or

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before November 3, 2017, and will file a Joint Status Report pursuant to Fed. R. Civ. P. 26(f) and

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LCR 16(a)(2) on or before November 10, 2017.

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4.

The Court will hold a scheduling conference on or after December 8, 2017.

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Defendants will answer the Amended Complaint on or before December 8, 2017.

IT IS SO STIPULATED.
October 16, 2017

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JOINT STATUS REPORT, STIPULATION
AND ORDER
Case No. 2:13-cv-1836-RSM

WILSON SONSINI GOODRICH &
ROSATI, LLP
s/ Gregory L. Watts
Barry M. Kaplan, WSBA #8661
Gregory L. Watts, WSBA #43995
701 Fifth Avenue, Suite 5100
Seattle, Washington 98104-7036
[phone] phone
[phone] fax
[e-mail]
[e-mail]
Attorneys for Defendant Atossa Genetics, Inc.
and Steven Quay
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Zwerling, Schachter & Zwerling, LLP
1904 Third Avenue, Suite 1030
Seattle, WA 98101-1170
Tel.: [phone]

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ZWERLING, SCHACHTER & ZWERLING
LLP

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/s/ Dan Drachler
Dan Drachler (WSBA #27728)
1904 Third Avenue, Suite 1030
Seattle, WA 98101-1170
[phone] phone
[phone] fax
[e-mail]

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Liaison Counsel for Lead Plaintiffs

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POMERANTZ LLP
Jeremy A. Lieberman, pro hac vice
Marc I. Gross, pro hac vice
Michael J. Wernke, pro hac vice
600 Third Avenue, 20th Floor
New York, New York 10016
[phone] phone
[phone] fax
[e-mail]
[e-mail]
[e-mail]

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and

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Patrick V. Dahlstrom
10 South LaSalle Street, Suite 3505
Chicago, Illinois 60603
[phone] phone
[phone] fax
[e-mail]

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BLOCK & LEVITON LLP
Jeffrey C. Block, pro hac vice
Jacob A. Walker, pro hac vice
155 Federal Street, Suite 400
Boston, Massachusetts 02110
[phone] phone
[phone] fax
[e-mail]
[e-mail]

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JOINT STATUS REPORT, STIPULATION
AND ORDER
Case No. 2:13-cv-1836-RSM

Co-Lead Counsel for Lead Plaintiffs and the
Class
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Zwerling, Schachter & Zwerling, LLP
1904 Third Avenue, Suite 1030
Seattle, WA 98101-1170
Tel.: [phone]

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ORDER
Based upon the above stipulation of Lead Plaintiffs and Defendants, by and through their

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counsel of record, and for good cause appearing, Lead Plaintiffs shall file their Proposed

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Amended Complaint on or before October 20, 2017; Defendants will not move to dismiss the

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Proposed Amended Complaint; the Parties shall hold a Federal Rule of Civil Procedure 26(f)

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conference on or before November 3, 2017, and shall file a joint status report pursuant to Fed. R.

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Civ. P. 26(f) and LCR 16(a)(2) on or before November 10, 2017; after which the Court will issue

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a Scheduling Order; and Defendants shall answer the Proposed Amended Complaint on or before
December 8, 2017.

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IT IS SO ORDERED.

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DATED this 16 day of October 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Submitted by:
Dan Drachler (WSBA #27728)
1904 Third Avenue, Suite 1030
Seattle, WA 98101-1170
[phone] phone
[phone] fax
[e-mail]
Liaison Counsel for Lead Plaintiffs

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JOINT STATUS REPORT, STIPULATION
AND ORDER
Case No. 2:13-cv-1836-RSM

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Zwerling, Schachter & Zwerling, LLP
1904 Third Avenue, Suite 1030
Seattle, WA 98101-1170
Tel.: [phone]