From Casetext: Smarter Legal Research

Kovtun v. Vivus, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
Nov 23, 2011
Case No. 4:10-cv-04957-PJH (N.D. Cal. Nov. 23, 2011)

Opinion

Case No. 4:10-cv-04957-PJH

11-23-2011

MERLE KOVTUN, Individually and on Behalf of Others Similarly Situated, Plaintiff, v. VIVUS, INC., LELAND F. WILSON, and WESLEY W. DAY, PH.D., Defendant.

HOGAN LOVELLS US LLP MICHAEL L. CHARLSON Attorneys for Defendants VTVUS, INC., LELAND F. WILSON and WESLEY W. DAY, Ph.D. JEFF S. WESTERMAN (Bar No. 94559) NICOLE M. DUCKETT (Bar No. 198168) MILBERG LLP One California Plaza David A.P. Brower BROWER PIVEN DAVID A.P. BROWER (Admitted Pro Hac Vice) Attorneys for Lead Plaintiff


NORMAN J. BLEARS (Bar No. 95600)

MICHAEL L. CHARLSON (Bar No. 122125)

HOGAN LOVELLS US LLP

BENJAMIN T. DIGGS (Bar No. 245904)

HOGAN LOVELLS US LLP

Attorneys for Defendants

VIVUS, INC., LELAND F. WILSON and

WESLEY W. DAY, Ph.D.

STIPULATION AND [PROPOSED]

ORDER SETTING SCHEDULE AND

EXPANDING PAGE LIMITS FOR

BRIEFING ON DEFENDANTS' MOTION

TO DISMISS SECOND AMENDED

COMPLAINT AS MODIFIED BY THE COURT

The Honorable Phyllis J. Hamilton

Pursuant to Local Rule 7-12, defendants VTVUS, Inc., Leland F. Wilson, and Wesley W. Day, Ph.D. ("Defendants") and Lead Plaintiff John Ingram (collectively, the "Parties"), through their undersigned counsel, hereby stipulate to and seek the Court's approval of an order establishing a schedule and expanding the page limits for briefing on Defendants' anticipated motion to dismiss Lead Plaintiff's Second Amended Complaint for Violations of Federal Securities Laws (the "Second Amended Complaint").

RECITALS

WHEREAS, on October 12, 2011, the Court heard argument on and granted Defendants' motion to dismiss Lead Plaintiff's Amended Class Action Complaint for Violations of the Federal Securities Laws with leave to amend within 28 days, which ruling was memorialized in an order entered on October 13, 2011 (Dkt. 40) (the "October 13 Order");

WHEREAS, on November 9, 2011, Lead Plaintiff filed his Second Amended Complaint for Violations of Federal Securities Laws (Dkt. 41) (the "Second Amended Complaint");

WHEREAS, the Court's October 13 Order granted Defendants 28 days from filing of the Second Amended Complaint within which to respond to the Second Amended Complaint;

WHEREAS, Defendants intend to move to dismiss the Second Amended Complaint, which is 182 pages in length;

WHEREAS, Defendants believe that, because of the length of the Second Amended Complaint and the upcoming holidays, Defendants will need some additional time and pages to prepare their briefs so that their arguments are set forth in a manner fully responsive to the allegations; and

WHEREAS, Lead Plaintiff believes that he will also need additional time and pages to respond fully to Defendants' motion to dismiss; and

WHEREAS, subject to the Court's approval, the Parties do not oppose the others' proposed timing and page limits for briefing of a motion to dismiss the Second Amended Complaint as set forth below;

STIPULATION

IT IS THEREFORE STIPULATED AND AGREED by the Parties, through their respective counsel of record, subject to the Court's approval, that the following schedule and page limits for the briefing of Defendants' anticipated motion to dismiss the Second Amended Complaint will be as follows:

(a) Defendants' opening brief in support of the motion to dismiss shall be filed on or before December 30, 2011 and shall be no longer than 35 pages;

(b) Lead Plaintiff's opposition to Defendants' motion to dismiss shall be filed on or before February 22, 2012 and shall be no longer than 40 pages;

(c) Defendants reply brief in support of the motion to dismiss shall be filed on or before March 30, 2012 and shall be no longer than 25 pages; and

(d) Defendants' motion to dismiss shall be noticed for hearing on the Court's regular civil law and motion calendar for April 18, 2012.

IT IS SO STIPULATED.

HOGAN LOVELLS US LLP

MICHAEL L. CHARLSON

Attorneys for Defendants

VTVUS, INC., LELAND F. WILSON and

WESLEY W. DAY, Ph.D.

JEFF S. WESTERMAN (Bar No. 94559)

NICOLE M. DUCKETT (Bar No. 198168)

MILBERG LLP

One California Plaza

David A.P. Brower

BROWER PIVEN

DAVID A.P. BROWER (Admitted Pro Hac Vice)

Attorneys for Lead Plaintiff

I, Michael L. Charlson, am the ECF User whose ID and password are being used to file this Stipulation And [Proposed] Order Setting Schedule and Expanding Page Limits For Briefing on Defendants' Motion To Dismiss Plaintiff's Second Amended Complaint. In compliance with General Order 45, X.B., I hereby attest that David A.P. Brower has concurred in this filing.

MICHAEL L. CHARLSON

* * *

ORDER

PURSUANT TO STIPULATION, and good cause appearing, the schedule and page limits applicable to briefing on Defendants' anticipated motion to dismiss Lead Plaintiff Second Amended Complaint will be as follows:

(a) Defendants' opening brief in support of the motion to dismiss shall be filed on or before December 30, 2011 and shall be no longer than 30 pages;

(b) Lead Plaintiff's opposition to Defendants' motion to dismiss shall be filed on or before February 22, 2012 and shall be no longer than 30 pages;

(c) Defendants reply brief in support of the motion to dismiss shall be filed on or before March 30, 2012 and shall be no longer than 20 pages; and

(d) Defendants' motion to dismiss shall be noticed for hearing on the Court's regular civil law and motion calendar for April 18, 2012.

IT IS SO ORDERED.


Summaries of

Kovtun v. Vivus, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
Nov 23, 2011
Case No. 4:10-cv-04957-PJH (N.D. Cal. Nov. 23, 2011)
Case details for

Kovtun v. Vivus, Inc.

Case Details

Full title:MERLE KOVTUN, Individually and on Behalf of Others Similarly Situated…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

Date published: Nov 23, 2011

Citations

Case No. 4:10-cv-04957-PJH (N.D. Cal. Nov. 23, 2011)