Free Motion to Appoint Lead Plaintiff and Lead Counsel - District Court of California - California

Case 4:07-cv-04971-CW

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1 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 2 DENNIS J. HERMAN (220163) DANIEL J. PFEFFERBAUM (248631) 3 100 Pine Street, Suite 2600 San Francisco, CA 94111 4 Telephone: 415/288-4545 415/288-4534 (fax) 5 [email protected] [email protected] 6 [Proposed] Lead Counsel for Plaintiffs 7 [Additional counsel appear on signature page.] 8 9 10 11 12 JERRY TWINDE, On Behalf of Himself and ) ) 13 All Others Similarly Situated, ) ) 14 Plaintiff, ) ) 15 vs. ) 16 THRESHOLD PHARMACEUTICALS, INC., ) ) et al., ) 17 ) Defendants. ) 18 ) ) 19 RAYNOLD L. GILBERT, ) ) 20 Plaintiff(s), ) ) 21 vs. ) 22 THRESHOLD PHARMACEUTICALS, INC., ) ) et al., ) 23 Defendants(s). ) ) 24 ) ) 25 ) 26 27 28 No. 4:07-cv-04972-CW CLASS ACTION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

No. 4:07-cv-04971-CW CLASS ACTION RE-NOTICE OF MOTION OF MICHAEL HENTOSH FOR APPOINTMENT AS LEAD PLAINTIFF AND FOR APPROVAL OF SELECTION OF LEAD COUNSEL DATE: TIME: COURTROOM: November 8, 2007 2:00 p.m. 2, 4th Floor Honorable Judge Claudia Wilken

Case 4:07-cv-04971-CW

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PLEASE TAKE NOTICE that class member Michael Hentosh ("Hentosh"), by his counsel,

2 will hereby move this Court, on November 8, 2007 at 2:00 p.m. in Courtroom 2, 4th Floor, for an 3 order (attached hereto as Exhibit A): (i) appointing Hentosh as Lead Plaintiff; (ii) approving 4 Hentosh's selection of the law firm of Coughlin Stoia Geller Rudman & Robbins LLP to serve as 5 Lead Counsel; and (iii) granting such other and further relief as the Court may deem just and proper. 6 Hentosh hereby re-notices this Motion of Michael Hentosh for Appointment as Lead Plaintiff

7 and for Approval of Selection of Lead Counsel ("Motion") for determination in this District pursuant 8 to N.D. Cal. L.R. 7-2. This Motion is based on this Re-Notice of Motion, the original Motion and 9 Memorandum, attached hereto as Exhibits B and C, and the original Declaration of Mario Alba Jr., 10 attached hereto as Exhibit D, all dated September 4, 2007. 11 On July 5, 2007, plaintiff Jerry Twinde filed an action against Threshold Pharmaceuticals,

12 Inc. in the Southern District of New York, Civil Action No. 07-cv-06227-JSR. Another similar 13 action filed in the Southern District of New York, Raynold L. Gilbert v. Threshold Pharmaceuticals, 14 Inc., et al., Civil Action No. 07-cv-06490-JSR, was subsequently consolidated with this one 15 (collectively, the "Actions"). 16 On September 4, 2007, within 60 days of the publication of notice on July 5, 2007, class

17 member Hentosh timely filed this Motion. No other motions were filed. In view of the fact that no 18 other class member has timely filed a motion to serve as lead plaintiff, Hentosh believes the Motion 19 is, or will be, unopposed. 20 On September 14, 2007, the Honorable Judge Jed S. Rakoff issued an Order transferring the

21 Actions to the Northern District of California.1 Hentosh's Motion was not ruled on prior to the time 22 the Actions were transferred to this Court. 23 Hentosh: (i) timely filed his lead plaintiff motion; (ii) has the largest financial interest in the

24 relief sought by the class (having suffered losses of $83,811.64); (iii) satisfies Federal Rule of Civil 25 Procedure 23; and (iv) typifies the type of investor encouraged by Congress to serve as lead plaintiff 26 27 28 RE-NOTICE OF MOTION OF MICHAEL HENTOSH FOR APPOINTMENT AS LEAD PLAINTIFF AND FOR APPROVAL OF SELECTION OF LEAD COUNSEL 4:07-cv-04972-CW; 4:07-cv-04971-CW -11

Twinde is now Case No. 07-cv-04972-CW; Gilbert is now Case No. 07-cv-04971-CW.

Case 4:07-cv-04971-CW

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1 in cases such as this. See 15 U.S.C. §87u-4(a)(3)(B); see also In re Ditech Commc'ns Corp. Sec. 2 Litig., No. C 05-02406 JSW, 2005 U.S. Dist. LEXIS 40963, at *3-*4 (N.D. Cal. Dec. 19, 2005) 3 (reasoning that individual investors like Hentosh generally satisfy the requirements of Fed. R. Civ. P. 4 23). 5 Accordingly, pursuant to the Private Securities Litigation Reform Act of 1995, Hentosh is the

6 "most adequate plaintiff" to lead this litigation on behalf of the class and his selection of lead 7 counsel should be approved. See 15 U.S.C. §78u-4(a)(3)(B)(iii); Ditech, 2005 U.S. Dist. LEXIS 8 40963, at *3-*4 (granting unopposed lead plaintiff motion). 9 DATED: October 4, 2007 10 11 12 13 14 15 16 17 18 19 20 21 [Proposed] Lead Counsel for Plaintiffs 22 23 24 25 26 27 28 RE-NOTICE OF MOTION OF MICHAEL HENTOSH FOR APPOINTMENT AS LEAD PLAINTIFF AND FOR APPROVAL OF SELECTION OF LEAD COUNSEL 4:07-cv-04972-CW; 4:07-cv-04971-CW -2T:\CasesSF\Threshold\NOT00046072.doc

COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP DENNIS J. HERMAN DANIEL J. PFEFFERBAUM

/s/ Dennis J. Herman DENNIS J. HERMAN 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: 415/288-4545 415/288-4534 (fax) COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP SAMUEL H. RUDMAN DAVID A. ROSENFELD MARIO ALBA, JR. 58 South Service Road, Suite 200 Melville, NY 11747 Telephone: 631/367-7100 631/367-1173 (fax)

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CERTIFICATE OF SERVICE I hereby certify that on October 4, 2007, I electronically filed the foregoing with the Clerk of

3 the Court using the CM/ECF system which will send notification of such filing to the e-mail 4 addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I have 5 mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF 6 participants indicated on the attached Manual Notice List. 7 I certify under penalty of perjury under the laws of the United States of America that the

8 foregoing is true and correct. Executed on October 4, 2007. 9 10 11 12 13 14 15 E-mail:[email protected] 16 17 18 19 20 21 22 23 24 25 26 27 28 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 100 Pine Street, 26th Floor San Francisco, CA 94111 Telephone: 415/288-4545 415/288-4534 (fax) s/ Dennis J. Herman DENNIS J. HERMAN

CAND-ECF

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Mailing Information for a Case 4:07-cv-04972-CW
Electronic Mail Notice List

The following are those who are currently on the list to receive e-mail notices for this case. Kevin Anthony Burke [email protected] Michael L. Charlson [email protected],[email protected],[email protected],sus Marc S. Henzel [email protected] Alexander M.R. Lyon [email protected],[email protected] Darren Jay Robbins [email protected] Laurence Andrew Weiss [email protected]

Manual Notice List
The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing). You may wish to use your mouse to select and copy this list into your word processing program in order to create notices or labels for these recipients.
Mary K. Blasy Coughlin Stoia Geller Rudman & Robbins LLP 655 West Broadway Suite 1900 San Diego, CA 92101 Samuel H. Rudman Coughlin Stoia Geller Rudman & Robbins LLP 58 South Service Road Suite 200 Melville, NY 11747

https://ecf.cand.uscourts.gov/cgi-bin/MailList.pl?382431593116088-L_390_0-1

10/4/2007