Mays v. Bishop et al

Filing 27

STIPULATION AND ORDER to Consolidate Related Actions and Appoint Co-Lead Counsel and Liaison Counsel re parties' 10 Stipulation; The files of the Consolidated Derivative Action will be maintained in one file underLead Case No. 2:17-cv-1356-RSM, signed by Judge Ricardo S Martinez. (SWT)

HONORABLE RICARDO S. MARTINEZ

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UNITED STATES DISTRICT COURT

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FOR THE WESTERN DISTRICT OF WASHINGTON

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10 DAVID E. MAYS, Derivatively on Behalf of
11 Nominal Defendant JUNO THERAPEUTICS,
INC.,

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Plaintiff,

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Case No. 2:17-cv-01356-RSM
STIPULATED MOTION TO
CONSOLIDATE RELATED ACTIONS
AND APPOINT CO-LEAD COUNSEL
AND LIAISON COUNSEL

v.

15 HANS E. BISHOP, RICHARD D.

KLAUSNER, ROBERT T. NELSEN,
16 HOWARD H. PIEN, HAL V. BARRON,
THOMAS O. DANIEL, ANTHONY B.
17 EVNIN, MARY AGNES WILDEROTTER,
MARC TESSIER-LAVIGNE, and STEVEN
18 D. HARR,

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Defendants,
and
JUNO THERAPEUTICS, INC.,
Nominal Defendant.

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STIPULATED MOTION TO CONSOLIDATE,
AND APPOINT CO-LEAD AND
LIAISON COUNSEL
CASE NOS. 2:17-cv-01356-RSM and
2:17-cv-01665-RSL

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

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PAUL SZOLLOSI, Derivatively on Behalf

of Nominal Defendant JUNO
2 THERAPEUTICS, INC.,

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Case No. 2:17-cv-01665-RSM

Plaintiff,
v.

5 HANS E. BISHOP, RICHARD D.
NELSEN,
6 KLAUSNER, ROBERT T. V. BARRON,
HOWARD H. PIEN, HAL
7 THOMAS O. DANIEL, ANTHONY B.
EVNIN, MARY AGNES
8 WILDEROTTER, MARC TESSIERLAVIGNE, STEVEN D. HARR and
9 MARK J. GILBERT,
Defendants,

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and

12 JUNO THERAPEUTICS, INC.,
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Nominal Defendant.

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STIPULATED MOTION TO CONSOLIDATE,
AND APPOINT CO-LEAD AND
LIAISON COUNSEL
CASE NOS. 2:17-cv-01356-RSM and
2:17-cv-01665-RSL

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

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WHEREAS, on September 8, 2017, David E. Mays (“Mays”) filed a stockholder derivative

2 complaint in this Court against defendants Hans E. Bishop, Richard D. Klausner, Robert T. Nelsen,
3 Howard H. Pien, Hal V. Barron, Thomas O. Daniel, Anthony B. Evnin, Mary Agnes Wilderotter,
4 Marc Tessier-Lavigne, and Steven D. Harr, styled Mays v. Bishop, et al., 2:17-cv-01356-RSM (the
5 “Mays Action”);
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WHEREAS, on November 6, 2017, Paul Szollosi (together with Mays, “Plaintiffs”) filed

a stockholder derivative complaint in this Court against the defendants in the Mays Action, with
the addition of Mark J. Gilbert (collectively, “Defendants”), styled Szollosi v. Bishop, et al., 2:17-

10 cv-01665-RSL (the “Szollosi Action,” and together with the Mays Action, the “Actions”);
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WHEREAS, on November 7, 2017, in the Mays Action the Court so-ordered a stipulation

12 filed by the parties on November 2, 2017 setting Defendants’ time to respond to the complaint,
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vacating discovery deadlines, and setting a briefing schedule for Defendants’ motion to transfer;
WHEREAS, Defendants have waived service in the Mays Action and anticipate waiving
service in the Szollosi Action;
WHEREAS, the Actions arise out of the same transactions and occurrences, involve the

18 same or substantially similar issues of law and fact, and therefore, the Actions should be
19 consolidated for all purposes into a single consolidated action (“the Consolidated Derivative
20 Action”);
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WHEREAS, Plaintiffs and Defendants agree that consolidation is appropriate;

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WHEREAS, Plaintiffs have met and conferred and have agreed that: (1) the law firms of
Harwood Feffer LLP (“Harwood Feffer”) and the Weiser Law Firm, P.C. (“Weiser Law Firm”)

25 should be appointed as Plaintiffs’ Co-Lead Counsel in the Consolidated Derivative Action; and
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(3) the law firm of Zwerling, Schachter & Zwerling, LLP (“Zwerling Schachter”) should be

2 appointed as Liaison Counsel in the Consolidated Derivative Action;
WHEREAS, Defendants take no position as to the appointment of Plaintiffs’ Co-Lead

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4 Counsel or Liaison Counsel in the Consolidated Derivative Action;
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WHEREAS, the parties have met and conferred regarding Defendants’ anticipated motion
to transfer in the Mays Action, which is currently due on November 17, 2017 pursuant to the soordered stipulation signed by the Court on November 7, 2017 referenced above, and the fact that
Defendants likewise intend to file a motion to transfer the Szollosi Action;
WHEREAS, the parties agree that it would be more efficient for the Court to hear a single

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11 motion to transfer in a consolidated action, if the Court approves this Stipulation, and that it
12 therefore makes sense to postpone Defendants’ motion to transfer until after the Court has ruled
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on this Stipulation;

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NOW, THEREFORE, to conserve the resources of the Court and the litigants, the

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undersigned counsel for the parties hereby move the Court for an order as follows (with the proviso

17 that Defendants take no position as to the appointment of Plaintiffs’ Co-Lead Counsel or Liaison
18 Counsel):
19 I.
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CONSOLIDATION
1.

The Court finds that the Actions arise out of the same transactions and occurrences,

involve the same or substantially similar issues of law and fact, and therefore, the Court has
determined that the administration of justice would be served by consolidating the Actions.
2.

The Actions are hereby consolidated for all purposes and are referred to herein as

25 the Consolidated Derivative Action.
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STIPULATED MOTION TO CONSOLIDATE,
AND APPOINT CO-LEAD AND
LIAISON COUNSEL
CASE NOS. 2:17-cv-01356-RSM and
2:17-cv-01665-RSL

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

3.

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Every pleading filed in the Consolidated Derivative Action, or in any separate

2 action included herein, must bear the following caption:
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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON
IN RE JUNO THERAPEUTICS, INC.

6 DERIVATIVE LITIGATION
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8 This Document Relates To:
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ALL ACTIONS.

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4.

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) Lead Case No. 2:17-cv-1356-RSM
)
) (Derivative Action)
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The files of the Consolidated Derivative Action will be maintained in one file under

Lead Case No. 2:17-cv-1356-RSM.
5.

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All documents previously served or filed in any of the Actions consolidated herein

14 are deemed part of the record in the Consolidated Derivative Action.
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6.

The parties agree that when a case which properly belongs as part of In re Juno

16 Therapeutics, Inc. Derivative Litigation, Lead Case No. 2:17-cv-1356-RSM, is hereafter filed in
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this Court or transferred here from another court, Co-Lead Counsel will call to the attention of the

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Clerk of the Court the filing or transfer of any case that might properly be consolidated as part of
In re Juno Therapeutics, Inc. Derivative Litigation, Lead Case No. 2:17-cv-1356-RSM, and Co-

21 Lead Counsel are to assist in assuring that counsel in subsequent actions receive notice of this
22 Order.
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7.

This Order shall apply to each case arising out of the same or substantially the same

transactions or events as the Consolidated Derivative Action that is subsequently filed in, removed
to, or transferred to this Court.
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STIPULATED MOTION TO CONSOLIDATE,
AND APPOINT CO-LEAD AND
LIAISON COUNSEL
CASE NOS. 2:17-cv-01356-RSM and
2:17-cv-01665-RSL

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

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II.

BRIEFING SCHEDULE FOR MOTION TO TRANSFER
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In order to avoid the necessity of filing duplicate motions in both the Mays Action

3 and the Szollosi Action, the briefing schedule for Defendants’ anticipated motion in the Mays
4 Action is vacated.
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2.

Defendants shall file their motion to transfer no more than fourteen days after the

Court rules on this stipulated motion, Plaintiffs shall file their opposition to the motion to transfer
no more than 45 days later, and Defendants shall file their reply no more than 30 days after
Plaintiffs file their opposition.
3.

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Defendants’ deadline to file a motion to dismiss or other responsive pleading will

11 be postponed until such time as the Court has ruled on the motion to transfer, and Defendants shall
12 not be required to, and shall not waive any rights, arguments, or defenses by waiting to, answer,
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move, or otherwise respond to the Complaint.

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4.

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After the Court rules on the motion to transfer, Plaintiffs and Defendants shall

promptly meet and confer regarding a schedule for Defendants’ anticipated motion(s) to dismiss

17 the Complaint in either this Court or the transferee court in the District of Delaware.
18 III.

APPOINTMENT OF CO-LEAD COUNSEL AND LIAISON COUNSEL

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1.

The law firms of Harwood Feffer and Weiser Law Firm are hereby appointed as

20 Plaintiffs’ Co-Lead Counsel in the Consolidated Derivative Action.
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2.

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The law firm of Zwerling Schachter is hereby appointed as Liaison Counsel in the

Consolidated Derivative Action.
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Plaintiffs’ Co-Lead Counsel are authorized to speak for Plaintiffs in matters

25 regarding pre-trial procedure, trial and settlement negotiations and shall make all work
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STIPULATED MOTION TO CONSOLIDATE,
AND APPOINT CO-LEAD AND
LIAISON COUNSEL
CASE NOS. 2:17-cv-01356-RSM and
2:17-cv-01665-RSL

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

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assignments in such manner as to facilitate the orderly and efficient prosecution of this litigation

2 and to avoid duplicative or unproductive effort.
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4.

Plaintiffs’ Co-Lead Counsel will be responsible for coordinating all activities and

4 appearances on behalf of Plaintiffs and for the dissemination of notices and orders of this Court.
5 No motion, request for discovery, or other pre-trial or trial proceedings will be initiated or filed by
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any Plaintiffs except through Plaintiffs’ Co-Lead Counsel.
5.

Defendants’ counsel may rely upon all agreements made with Plaintiffs’ Co-Lead

Counsel, or any other duly authorized representative of Plaintiffs’ Co-Lead Counsel, and such

10 agreements will be binding on Plaintiffs.
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13 Dated: November 10, 2017
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ZWERLING, SCHACHTER & ZWERLING, LLP
s/
Dan Drachler
Dan Drachler (WSBA #27728)
1904 Third Avenue
Suite 1030
Seattle, Washington 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Counsel for Plaintiffs

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HARWOOD FEFFER LLP
Robert I. Harwood (pro hac vice)
Benjamin I. Sachs-Michaels (pro hac vice)
488 Madison Avenue, 8th Floor
New York, New York 10001
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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STIPULATED MOTION TO CONSOLIDATE,
AND APPOINT CO-LEAD AND
LIAISON COUNSEL
CASE NOS. 2:17-cv-01356-RSM and
2:17-cv-01665-RSL

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

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GLANCY PRONGAY & MURRAY, LLP
Robert V. Prongay
Lesley F. Portnoy
1925 Century Park East, Suite 2100
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Counsel for Plaintiff David E. Mays

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THE WEISER LAW FIRM, P.C.
Robert B. Weiser
Brett D. Stecker (pro hac vice)
James M. Ficaro (pro hac vice)
22 Cassatt Avenue
Berwyn, PA 19312
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Counsel for Plaintiff Paul Szollosi

15 Dated: November 10, 2017

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WILSON SONSINI GOODRICH & ROSATI, PC
s/
Gregory L. Watts
Gregory L. Watts, WSBA #43995
701 Fifth Avenue, Suite 5100
Seattle, Washington 98104
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]

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Attorney for Defendants

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STIPULATED MOTION TO CONSOLIDATE,
AND APPOINT CO-LEAD AND
LIAISON COUNSEL
CASE NOS. 2:17-cv-01356-RSM and
2:17-cv-01665-RSL

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

1 IT IS SO ORDERED.
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Dated: December 5, 2017.

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A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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7 PRESENTED BY:
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Dan Drachler (WSBA #27728)
ZWERLING, SCHACHTER
& ZWERLING, LLP
1904 Third Avenue, Suite 1030
Seattle, Washington 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorney for Plaintiff

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STIPULATED MOTION TO CONSOLIDATE,
AND APPOINT CO-LEAD AND
LIAISON COUNSEL
CASE NOS. 2:17-cv-01356-RSM and
2:17-cv-01665-RSL

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