Opinion
Case No. 10-cv-02935-EJD(HRL)
11-23-2011
In re CELERA CORP. DERIVATIVE LITIC This Document Relates To: ALL ACTIONS
MORRISON & FOERSTER LLP JORDAN ETH JUDSON LOBDELL By: Judson Lobdell Attorneys for Nominal Defendant Celera Corporation and Defendants Kathy Ordo ñ Richard A. Ayers, Jean-Luc B é William G. Green, Peter Barton Hutt, Gail K. Naughton, Wayne I. Roe, and Bennett M. Shapiro ROBBINS UMEDA LLP MARC M. UMEDA GEORGE C. AGUILAR JULIA M. WILLIAMS By: George C. Aguilar Attorneys for Plaintiffs GARDY & NOTIS, LLP MARK C. GARDY JENNIFER SARNELLI KELLY A. NOTO Co-Lead Counsel for Plaintiffs
JORDAN ETH (CA SBN 121617)
JEth@mofo.com
JUDSON E. LOBDELL (CA SBN 146041)
JLobdell@mofo.com
MORRISON & FOERSTER LLP
425 Market Street, 32nd Floor
San Francisco, California 94105-2482
Telephone: 415.268.7000
Facsimile: 415.268.7522
Attorneys for Nominal Defendant
Celera Corporation and Defendants
Kathy Ordoñez, Joel R. Jung, Ugo DeBlasi,
Richard A. Ayers, Jean-Luc Bélingard,
William G. Green, Peter Barton Hutt,
Gail K. Naughton, Wayne I. Roe, and Bennett M. Shapiro
[Additional counsel appear on signature page.]
DERIVATIVE ACTION
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE
Pursuant to Civil L.R. 7-12, the parties, by and through their undersigned counsel of record, submit the following stipulation and proposed order requesting that the case management conference currently scheduled for December 2, 2011 be rescheduled to a date and time that is convenient to the Court after the Court has ruled on defendants' pending motion to dismiss in the related action entitled In re Celera Corp. Securities Litigation, Case No. 10-cv-2604-EJD (HRL) (the "Securities Action"), currently pending before this Court.
WHEREAS, on August 11, 2010, the Court related the above-captioned action to the action entitled In re Celera Corp. Securities Litigation, Case No. 10-cv-2604-EJD (HRL) (the "Securities Action"), currently pending before this Court [Dkt. No. 7];
WHEREAS, pursuant to the August 11, 2010 order, the Court set a case management conference for December 20, 2010 [Dkt. No. 7];
WHEREAS, pursuant to an order dated September 23, 2010, the Court rescheduled the case management conference for November 15, 2010 [Dkt. No. 13];
WHEREAS, pursuant to the parties' stipulation, on November 10, 2010, the Court rescheduled the case management conference for March 28, 2011 [Dkt. No. 25];
WHEREAS, on December 16, 2010, the Court vacated the March 28, 2011 case management conference as premature [Dkt. No. 27];
WHEREAS, on April 22, 2011, Plaintiffs in the present action filed their Amended Consolidated Verified Shareholder Derivative Complaint (the "Amended Complaint") against nominal defendant Celera Corporation and certain of its current and former officers and directors ("Defendants") [Dkt. No. 61];
WHEREAS, on April 25, 2011, this action was reassigned to the Honorable Edward J. Davila [Dkt. No. 62];
WHEREAS, on May 10, 2011, the Court ordered the parties' stipulation in the present action extending Defendants' time to answer, move, or otherwise respond to the Amended Complaint until the Court resolves the defendants' motion to dismiss in the related Securities Action [Dkt. No. 70];
WHEREAS, defendants' motion to dismiss the Securities Action has been taken under submission by the Court [Dkt. No. 61];
WHEREAS, by Clerk's Notice entered on August 24, 2011 [Dkt. No. 73], a case management conference in this action is currently scheduled for December 2, 2011;
WHEREAS, it would conserve judicial and party resources to hold the case management conference in this action after the Court has decided the defendants' motion to dismiss the Securities Action;
IT IS HEREBY STIPULATED AND AGREED, by the parties through their undersigned counsel of record, subject to approval of the Court, as follows:
1. The case management conference currently scheduled for December 2, 2011, shall be rescheduled to a date and time that is convenient to the Court after the Court has ruled on defendants' pending motion to dismiss the Securities Action; and
2. The parties shall file a Joint Case Management Conference Statement ten days prior to the conference.
MORRISON & FOERSTER LLP
JORDAN ETH
JUDSON LOBDELL
By: Judson Lobdell
Attorneys for Nominal Defendant
Celera Corporation and Defendants
Kathy Ordoñez, Joel R. Jung, Ugo DeBlasi,
Richard A. Ayers, Jean-Luc Bélingard,
William G. Green, Peter Barton Hutt,
Gail K. Naughton, Wayne I. Roe, and
Bennett M. Shapiro
ROBBINS UMEDA LLP
MARC M. UMEDA
GEORGE C. AGUILAR
JULIA M. WILLIAMS
By: George C. Aguilar
Attorneys for Plaintiffs
GARDY & NOTIS, LLP
MARK C. GARDY
JENNIFER SARNELLI
KELLY A. NOTO
Co-Lead Counsel for Plaintiffs
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Honorable Edward J. Davila
United States District Court Judge
I, Judson E. Lobdell, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Continuing Case Management Conference. In compliance with General Order No. 45, X.B., I hereby attest that George Aguilar has concurred in this filing.
By: Judson Lobdell