Free MOTION to Relate Case - District Court of California - California

Case 4:07-cv-04971-CW

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Filed 09/28/2007

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1 MICHAEL L. CHARLSON (Bar No. 122125) LAURENCE A. WEISS (Bar No. 164638) 2 ALEXANDER M. R. LYON (Bar No. 211274) HELLER EHRMAN LLP 3 275 Middlefield Road Menlo Park, California 94025-3506 4 Telephone: (650) 324-7000 Facsimile: (650) 324-0638 5 [email protected] [email protected] 6 [email protected] 7 Attorneys for Defendants THRESHOLD PHARMACEUTICALS, INC., 8 HAROLD "BARRY" E. SELICK, and JANET I. SWEARSON 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
DEFENDANTS' MOTION FOR ADMINISTRATIVE RELIEF TO CONSIDER WHETHER CASES SHOULD BE RELATED CASE NO. C-07-04971 PJH

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION RAYMOND L. GILBERT, Plaintiff, vs. THRESHOLD PHARMACEUTICALS, INC., HAROLD "BARRY" E. SELICK, AND JANET I. SWEARSON Defendants, DEFENDANTS' MOTION FOR ADMINISTRATIVE RELIEF TO CONSIDER WHETHER CASES SHOULD BE RELATED [LOCAL RULE 3.12] Case No. C-07-04971 PJH

Case 4:07-cv-04971-CW

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Filed 09/28/2007

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1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD AND TO THE COURT: 2 PLEASE TAKE NOTICE that, pursuant to Civil Local Rules 3-12 and 7-11,

3 defendants Threshold Pharmaceuticals, Inc., Harold "Barry" E. Selick, and Janet I. 4 Swearson (collectively, "Defendants") hereby file this Administrative Motion to Consider 5 Whether Cases Should Be Related and move this Court for an order that the action Twinde 6 v. Threshold Pharmaceuticals, Inc., et al., No. C-07-04972 CW ("the Twinde Action"), be 7 related to this Action, Gilbert v. Threshold Pharmaceuticals, Inc., et al., No. C-07-04971 8 PJH, and be assigned to Judge Phyllis J. Hamilton, to whom is assigned the low-numbered 9 case. 10 I. 11 12 ACTION REQUESTED An order pursuant to Civil Local Rule 3-12 relating the Twinde Action to this Action. Defendants will prepare a proposed order if the Court prefers, but Defendants

13 assume that the Court will prefer to use the Court's standard form of Related Case Order 14 (9/97). 15 II. 16 REASONS SUPPORTING THE REQUEST Pursuant to Civil Local Rule 3-12(a), these two putative securities class actions are

17 related. They concern substantially the same parties, transactions or events, satisfying Civil 18 Local Rule 3-12(a)(1). Indeed, the two complaints are brought against the same defendants, 19 challenge the same public statements, designate the same class period for plaintiffs' claims, 20 and assert the same five causes of action. Civil Local Rule 3-12(a)(2) is also satisfied, as 21 relating these two cases is likely to conserve judicial resources, to promote an efficient 22 determination of the actions, and to avoid inconsistent results. 23 Notably, there has already been a judicial determination that these two actions are

24 related. These actions were both originally filed in the Southern District of New York. 25 That Court ordered that the cases be related and assigned to the Hon. Jed. S. Rakoff. On 26 August 13, 2007, Judge Rakoff issued a further order consolidating the two cases. 27 On September 14, 2007, Judge Rakoff granted Defendants' motion that the

28 consolidated cases be transferred to the Northern District of California pursuant to 28 1
DEFENDANTS' MOTION FOR ADMINISTRATIVE RELIEF TO CONSIDER WHETHER CASES SHOULD BE RELATED CASE NO. C-07-04971 PJH

Case 4:07-cv-04971-CW

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Filed 09/28/2007

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1 U.S.C. § 1404(a). On September 26, 2007, the clerk's office for the Northern District of 2 California filed the two cases separately, with this Action, Gilbert v. Threshold 3 Pharmaceuticals, Inc., et al., No. C-07-4971 PJH, receiving the low number and the Twinde 4 Action receiving the higher number. 5 III. 6 CONCLUSION This Action and the Twinde Action are plainly related pursuant to Civil Local Rule

7 3-12(a). Defendants request that the two actions be related and be assigned to Judge Phyllis 8 J. Hamilton, to whom is assigned the low-numbered case in this Court. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
DEFENDANTS' MOTION FOR ADMINISTRATIVE RELIEF TO CONSIDER WHETHER CASES SHOULD BE RELATED CASE NO. C-07-04971 PJH

DATED: Sepember 28, 2007

Respectfully submitted, HELLER EHRMAN LLP

By

/s/ Laurence A. Weiss

Attorneys for Defendants THRESHOLD PHARMACEUTICALS, INC., HAROLD "BARRY" E. SELICK, and JANET I. SWEARSON