Opinion
No. 5:10-cv-02604-EJD(HRL)
11-23-2011
In re CELERA CORP. SEC. LITIG. This Document Relates To: ALL ACTIONS.
ROBBINS GELLER RUDMAN & DOWD LLP WILLOW E. RADCLIFFE SARAH R. HOLLOWAY WILLOW E. RADCLIFFE Lead Counsel for Plaintiff VANOVERBEKE MICHAUD & TIMMONY, P.C. MICHAEL J. VANOVERBEKE THOMAS C. MICHAUD GLANCY BINKOW & GOLDBERG LLP LIONEL Z. GLANCY ROBERT V. PRONGAY Additional Counsel for Plaintiff MORRISON & FOERSTER, LLP JORDAN ETH JUDSON E. LOBDELL JUDSON E. LOBDELL 415/268-7522 (fax) Counsel for Defendants Celera Corporation, Kathy Ordonez, Joel R. Jung, Ugo DeBlasi and Christopher Hall
ROBBINS GELLER RUDMAN
& DOWD LLP
WILLOW E. RADCLIFFE (200087)
SARAH R. HOLLOWAY (254134)
Lead Counsel for Plaintiff
[Additional counsel appear on signature page.]
CLASS 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 not less than 30 days after the Court has ruled on Defendants' pending motion to dismiss.
WHEREAS, the above-captioned action is a securities class action lawsuit, governed by the Private Securities Litigation Reform Act of 1995, Pub. L. No. 104-67, 109 Stat. 737 (the "PSLRA");
WHEREAS, pursuant to the PSLRA, unless otherwise ordered by the Court, all discovery and other proceedings in this action are stayed during the pendency of any motion to dismiss, 15 U.S.C. § 78u-4(b)(3)(B);
WHEREAS, on June 14, 2010, the Court set an initial case management conference for December 20, 2010 [Dkt. No. 3];
WHEREAS, pursuant to orders dated September 14 and 23, 2010, the Court set a case management conference for November 15, 2010 [Dkt. Nos. 18, 21];
WHEREAS, on November 2, 2010, the Court continued the November 15, 2010 case management conference in this action to March 7, 2011 pursuant to the parties' stipulation requesting a conference after a hearing on Defendants' motion to dismiss [Dkt. No. 27];
WHEREAS, on February 18, 2011, the Court rescheduled the March 7, 2011 case management conference to March 28, 2011 [Dkt. No. 36];
WHEREAS, on March 24, 2011, the Court continued the March 28, 2011 case management conference to September 19, 2011 pursuant to the parties' stipulation regarding the filing of an amended complaint [Dkt. No. 40];
WHEREAS, on April 25, 2011, this action was reassigned to the Honorable Edward J. Davila and all previously-existing deadlines were terminated in the action [Dkt. No. 43];
WHEREAS, on May 6, 2011, Lead Plaintiff Washtenaw County Employees' Retirement System ("Lead Plaintiff") filed the Second Amended Consolidated Complaint for Violation of the Federal Securities Laws [Dkt. No. 45] (the "Second Amended Complaint");
WHEREAS, on June 21, 2011, Defendants filed a motion to dismiss the Second Amended Complaint [Dkt. No. 48]; on August 4, 2011, Lead Plaintiff filed an opposition to Defendants' motion to dismiss [Dkt. No. 53]; on September 1, 2011, Defendants filed a reply in support of their motion to dismiss [Dkt. No. 55]; on September 30, 2011, the Court heard oral argument on the motion to dismiss [Dkt. No. 57]; and Defendants' motion to dismiss has been taken under submission by the Court;
WHEREAS, by Clerk's Notice entered on August 24, 2011 [Dkt. No. 54], a case management conference in this action is currently scheduled for December 2, 2011;
WHEREAS, the parties agree that it would conserve judicial and party resources to hold the case management conference in this action after the Court has decided the motion to dismiss;
IT IS HEREBY STIPULATED AND AGREED, pursuant to Civil L.R. 7-12, 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 not less than 30 days after the Court has ruled on Defendants' pending motion to dismiss; and
2. The parties shall file a Joint Case Management Conference Statement ten days before the conference.
ROBBINS GELLER RUDMAN
& DOWD LLP
WILLOW E. RADCLIFFE
SARAH R. HOLLOWAY
WILLOW E. RADCLIFFE
Lead Counsel for Plaintiff
VANOVERBEKE MICHAUD &
TIMMONY, P.C.
MICHAEL J. VANOVERBEKE
THOMAS C. MICHAUD
GLANCY BINKOW & GOLDBERG LLP
LIONEL Z. GLANCY
ROBERT V. PRONGAY
Additional Counsel for Plaintiff
MORRISON & FOERSTER, LLP
JORDAN ETH
JUDSON E. LOBDELL
JUDSON E. LOBDELL
415/268-7522 (fax)
Counsel for Defendants Celera Corporation,
Kathy Ordonez, Joel R. Jung, Ugo DeBlasi and
Christopher Hall
I, Willow E. Radcliffe, 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 45, X.B., I hereby attest that Judson E. Lobdell has concurred in this filing.
WILLOW E. RADCLIFFE
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
THE HONORABLE EDWARD J. DAVILA
UNITED STATES DISTRICT COURT JUDGE
CERTIFICATE OF SERVICE
I hereby certify that on November 22, 2011, I authorized the electronic filing of the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I caused to be mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF participants indicated on the attached Manual Notice List.
I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on November 22, 2011.
WILLOW E. RADCLIFFE
ROBBINS GELLER RUDMAN
& DOWD LLP
CAND-ECF
Mailing Information for a Case 5:10-cv-02604-EJD
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