Opinion
Lionel Z. Glancy, Michael Goldberg, Ex Kano S. Sams II, Robert V. Prongay, Glancy Binkow & Goldberg LLP, Lead Counsel for Plaintiffs.
Bingham McCutchen LLP, By: David M. Balabanian (# 37368), Charlene S. Shimada (# 91407), John D. Pernick (#1155468), Counsel for Defendants Hansen, Medical, Inc., Frederic H. Moll, Steven M. Van Dick, and Gary C. Restani,
STIPULATION AND [PROPOSED] ORDER RE FILING OF AMENDED COMPLAINT AND DEFENDANTS' RESPONSES THERETO
CLAUDIA WILKEN, District Judge.
WHEREAS, by Order entered August 25, 2011 (Docket #59), the Court granted Defendants' motion to dismiss Plaintiffs' Second Consolidated Amended Complaint for Violations of the Federal Securities Laws without prejudice and provided the Court-appointed Lead Plaintiffs thirty (30) days to file an amended complaint;
WHEREAS, on September 15, 2011, the Court entered a Stipulation and Order (Docket #61) extending the time for Lead Plaintiffs to file an amended complaint and Defendants' responses thereto;
WHEREAS, the Court's September 15, 2011, Stipulation and Order (Docket #61): (i) provided Lead Plaintiffs until October 11, 2011, to file an amended complaint; (ii) provided Defendants until November 9, 2011, to otherwise respond to Lead Plaintiff's amended complaint; and (iii) established dates for filing any opposition and reply briefs in the event Defendants responded to the amended complaint by filing a motion to dismiss;
WHEREAS, on September 28, 2011, this Action was reassigned from the Honorable Jeremy Fogel to the Honorable Thelton E. Henderson;
WHEREAS, on October 6, 2011, certain events transpired that Lead Plaintiffs contend are directly relevant to Lead Plaintiffs' claims and that Lead Plaintiffs contend provides new factual information that Lead Plaintiffs anticipate will be substantially included in their forthcoming amended complaint; and
WHEREAS, Lead Plaintiffs have requested additional time for the filing of an amended complaint in order for them to make any changes they believe should be made to their amended complaint in light of these recent events and Defendants have agreed to Lead Plaintiffs' requested extension of the deadlines for filing of an amended complaint and Defendants' responses thereto contained in the Court's September 15, 2011, Stipulation and Order (Docket #61) by allowing Lead Plaintiffs an additional seven (7) days to file their amended complaint and extending the time for Defendants' responses thereto by an additional seven (7) days, but to leave the remaining dates in the Court's prior Stipulation and Order (Docket #61) unchanged.
NOW, THEREFORE, the undersigned parties hereby stipulate and agree, and respectfully request that the Court enter an Order as follows:
1. Lead Plaintiffs shall file an amended complaint on or before October 18, 2011;
2. Defendants shall file a motion to dismiss the amended consolidated complaint, or otherwise respond to the amended complaint on or before November 16, 2011;
3. As set forth in the Court's prior Stipulation and Order (Docket #61), in the event Defendants move to dismiss the forthcoming amended complaint, any opposition brief(s) shall be filed on or before December 9, 2011, and any reply brief(s) shall be filed on or before on or before January 9, 2012; and
4. In the event Defendants move to dismiss the forthcoming amended complaint, Defendants will notice their motion for at least two weeks after January 9, 2012.
IT IS SO STIPULATED.
[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.