Mays v. Bishop et al

Filing 33

ORDER granting 32 Stipulated Motion Voluntarily Dismissing Action Without Prejudice. Signed by Judge Ricardo S Martinez. (PM)

THE HONORABLE RICARDO S. MARTINEZ

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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON

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IN RE JUNO THERAPEUTICS, INC.
DERIVATIVE LITIGATION

Lead Case No.: 17-cv-1356 RSM
(Derivative Action)

This Document Relates To:

STIPULATED MOTION AND
ORDER VOLUNTARILY
DISMISSING ACTION WITHOUT
PREJUDICE

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ALL ACTIONS.

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STIPULATED MOTION AND ORDER VOLUNTARILY
DISMISSING ACTION WITHOUT PREJUDICE
LEAD CASE NO.: 17-CV-1356 RSM

WILSON SONSINI GOODRICH & ROSATI, P.C.
701 Fifth Avenue, Suite 5100, Seattle, WA 98104-7036
Tel: [phone] • Fax: [phone]

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Pursuant to Rules 23.1(c) and 41(a) of the Federal Rules of Civil Procedure, Plaintiffs

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David E. Mays and Paul Szollosi (collectively, “Plaintiffs”), Defendants Hans E. Bishop, Richard

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D. Klausner, Robert T. Nelsen, Howard H. Pien, Hal V. Barron, Thomas O. Daniel, Anthony B.

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Evnin, Mary Agnes Wilderotter, Marc Tessier-Lavigne, Steven D. Harr, and Mark J. Gilbert, and

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Nominal Defendant Juno Therapeutics, Inc. (“Juno”) (collectively, “Defendants”), by and through

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their respective counsel, respectfully request that the Court enter an Order granting Plaintiffs’

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request to voluntarily dismiss the above-captioned action without prejudice. The parties state as

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follows:

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WHEREAS, on September 8, 2017, Plaintiff David E. Mays filed a putative shareholder

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derivative action purportedly on behalf of Juno, and on November 6, 2017, Plaintiff Paul Szollosi

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filed a similar putative shareholder derivative action purportedly on behalf of Juno;

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WHEREAS, on December 5, 2017, the Court consolidated the two actions and ordered a

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briefing schedule for Defendants’ Motion to Transfer (“Motion”), with Defendants’ Motion to be

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filed no more than 14 days after the order, Plaintiffs’ opposition to be filed no more than 45 days

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later, and Defendants’ reply to be filed no more than 30 days after Plaintiffs’ opposition is filed

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(Dkt. 27);

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WHEREAS, pursuant to the December 5, 2017 consolidation order, Defendants filed their
Motion on December 19, 2017 (Dkt. 28);

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WHEREAS, on January 22, 2018, Juno and Celgene Corporation (“Celgene”) announced

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the signing of a definitive merger agreement in which Celgene has agreed to acquire Juno for $87

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per share in cash (the “Acquisition”) pursuant to a tender offer for all outstanding shares of Juno

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(“Tender Offer”);

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WHEREAS, the parties agreed that, if the Tender Offer was completed and the Acquisition

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closed, Plaintiffs would no longer have standing to pursue these putative derivative actions, and

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thus the parties stipulated, and the Court ordered on January 31, 2018, that briefing on the Motion

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and all other pretrial proceedings herein would be suspended pending the outcome of the Tender

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Offer and Acquisition;

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STIPULATED MOTION AND ORDER VOLUNTARILY
DISMISSING ACTION WITHOUT PREJUDICE
LEAD CASE NO.: 17-CV-1356 RSM

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WILSON SONSINI GOODRICH & ROSATI, P.C.
701 Fifth Avenue, Suite 5100, Seattle, WA 98104-7036
Tel: [phone] • Fax: [phone]

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WHEREAS, the Tender Offer has closed and Celgene subsequently completed the
Acquisition of Juno on March 6, 2018;
WHEREAS, Plaintiffs now seek to voluntarily dismiss these derivative actions without
prejudice, with each party to bear their own costs and fees; and
WHEREAS, the parties respectfully submit that notice is unnecessary to protect the

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interests of Juno and its shareholders for the following reasons: (i) Plaintiffs seek dismissal

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without prejudice, (ii) there has been no settlement or compromise, (iii) there has been no

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collusion among the parties, and (iv) neither Plaintiffs nor their counsel have received or will

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receive any consideration from Defendants for the dismissal.

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NOW, THEREFORE, the undersigned parties, by and through their counsel of record,
hereby agree and stipulate to the following:

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1.

The derivative actions are dismissed without prejudice;

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2.

For the reasons stated above, notice of said dismissal is not required; and

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3.

Each party shall bear their own costs and fees.
Respectfully submitted,

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Dated: March 20, 2018

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Counsel for Defendants

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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]

Dated: March 20, 2018

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ZWERLING, SCHACHTER & ZWERLING, LL
/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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STIPULATED MOTION AND ORDER VOLUNTARILY
DISMISSING ACTION WITHOUT PREJUDICE
LEAD CASE NO.: 17-CV-1356 RSM

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WILSON SONSINI GOODRICH & ROSATI, P.C.
701 Fifth Avenue, Suite 5100, Seattle, WA 98104-7036
Tel: [phone] • Fax: [phone]

HARWOOD FEFFER LLP
Robert I. Harwood (pro hac vice)
Matthew M. Houston (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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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

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IT IS SO ORDERED.

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Dated: March 21, 2018

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATED MOTION AND ORDER VOLUNTARILY
DISMISSING ACTION WITHOUT PREJUDICE
LEAD CASE NO.: 17-CV-1356 RSM

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WILSON SONSINI GOODRICH & ROSATI, P.C.
701 Fifth Avenue, Suite 5100, Seattle, WA 98104-7036
Tel: [phone] • Fax: [phone]

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PRESENTED BY:

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Gregory L. Watts, WSBA #43995
701 Fifth Avenue, Suite 5100
Seattle, Washington 98104
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]

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Counsel for Defendants

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STIPULATED MOTION AND ORDER VOLUNTARILY
DISMISSING ACTION WITHOUT PREJUDICE
LEAD CASE NO.: 17-CV-1356 RSM

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WILSON SONSINI GOODRICH & ROSATI, P.C.
701 Fifth Avenue, Suite 5100, Seattle, WA 98104-7036
Tel: [phone] • Fax: [phone]