Opinion
Deborah S. Birnbach, (pro hac vice), GOODWIN PROCTER LLP, Boston, Massachusetts.
Michael T. Jones, GOODWIN PROCTER LLP, Menlo Park, California, Attorneys for Defendants, Epocrates, Inc., Rosemary A. Crane, and Patrick D. Spangler
Lionel Z. Glancy, Joshua L. Crowell, Robert V. Prongay, Casey E. Sadler, GLANCY PRONGAY & MURRAY LLP, Los Angeles, California,
Beth A. Kaswan, (admitted pro hac vice), Deborah Clark-Weintraub, (admitted pro hac vice), Amanda F. Lawrence, (admitted pro hac vice), SCOTT+SCOTT LLP, The Chrysler Building New York, NY, Counsel for Lead Plaintiff
STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES AS MODIFIED
VINCE CHHABRIA, District Judge.
Pursuant to Civil Local Rules 7-12 and 16-2, Defendants Rosemary A. Crane, Patrick D. Spangler, and Epocrates, Inc. ("Defendants") and Lead Plaintiff Police and Fire Retirement System of the City of Detroit ("Lead Plaintiff") (collectively "Parties") hereby agree and stipulate that good cause exists to request an order from the Court rescheduling the July 7, 2015 case management conference to August 4, 2015, and rescheduling the related deadline for submission of a case management statement from June 30, 2015 to July 28, 2015.
RECITALS
WHEREAS, on March 13, 2015, the Court issued an Order denying Defendants' Motion to Dismiss the Third Amended Complaint, and scheduling a telephonic case management conference for April 7, 2015;
WHEREAS, based upon Defendants' request due to scheduling conflicts, the Court rescheduled the case management conference for April 14, 2015;
WHEREAS, on April 8, 2015, in connection with the Parties' scheduled mediation session in New York City, New York before the Honorable Layn Phillips, the Court entered an Order Granting the Parties' Stipulation to reschedule the case management conference from April 14, 2015 to July 7, 2015, and to reset all related deadlines accordingly;
WHEREAS, on June 23, 2015, the Parties conducted the scheduled mediation session in New York City, New York before the Honorable Layn Phillips;
WHEREAS, while the Parties were unable to resolve this action on June 23, 2015, the mediation remains open and the Parties are continuing to explore a settlement of this action;
WHEREAS, the Parties feel that their time over the next four weeks is best spent on further exploring a settlement of this action;
WHEREAS, as such, the Parties are requesting a modest four-week extension of the case management conference currently scheduled for July 7, 2015, and a corresponding three-week extension of the current June 30, 2015 deadline by which the Parties must submit a case management statement;
WHEREAS, this is the third request for a modification of the schedule following the Court's March 13, 2015 order;
WHEREAS, the Parties do not seek to reset these dates for the purpose of delay, and the proposed new date will not have an effect on any pre-trial and trial dates as the Court has yet to schedule these dates;
THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the Parties through their undersigned counsel, subject to the Court's entry and approval, that:
1. The July 7, 2015 case management conference is rescheduled to August 4, 2015, and the corresponding deadline by which the Parties must submit a case management statement is reset to July 28, 2015;
2. This Stipulation is entered into without prejudice to any party seeking any interim relief.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD
No further extensions will be granted.
PURSUANT TO STIPULATION, IT IS SO ORDERED.