Free Stipulation - District Court of California - California

Case 4:07-cv-04972-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 Lead Counsel for Plaintiffs 7 8 9 10 11 JERRY TWINDE, On Behalf of Himself and ) 12 All Others Similarly Situated, ) ) 13 Plaintiff, ) ) 14 vs. ) ) 15 THRESHOLD PHARMACEUTICALS, INC., ) et al., ) 16 ) Defendants. ) 17 ) 18 19 20 21 22 23 24 25 26 27 28 No. 4:07-cv-04972-CW CLASS ACTION STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR LEAD PLAINTIFF TO FILE SECOND CONSOLIDATED AMENDED COMPLAINT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

Case 4:07-cv-04972-CW

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WHEREAS, pursuant to this Court's Order of July 11, 2008 (Dkt. No. 45), granting

2 defendants' motion to dismiss plaintiffs' Consolidated Amended Complaint and granting plaintiffs 3 leave to amend, plaintiffs' Second Consolidated Amended Complaint is due on August 25, 2008; 4 WHEREAS, this Court lifted the Private Securities Litigation Reform Act discovery stay for

5 the limited purpose of permitting plaintiffs to subpoena certain audio recordings from Bloomberg LP 6 and Thomson Financial which relate to defendants' conference calls, and this discovery process is 7 still ongoing; 8 WHEREAS, plaintiffs believe that they have exercised reasonable diligence in their ongoing

9 investigation of potential witnesses and documentary evidence, and plaintiffs anticipate completing 10 that investigation within the below-referenced extension of time; 11 WHEREAS, counsel for plaintiffs has requested, and counsel for defendants has agreed, that

12 the deadline for plaintiffs to file a Second Consolidated Amended Complaint should be extended to 13 and including, September 19, 2008; and 14 WHEREAS, the parties anticipate, upon the filing of the Second Consolidated Amended

15 Complaint, that should defendants elect to bring a motion to dismiss, counsel for plaintiffs and 16 defendants will meet and confer to agree upon a briefing schedule to present to the Court which may 17 involve moving the current date of the Further Case Management Conference, currently scheduled 18 for October 16, 2008. 19 IT IS THEREFORE STIPULATED AND AGREED by plaintiffs and defendants, through

20 their respective counsel of record that, subject to the Court's approval, plaintiffs shall have until 21 September 19, 2008 to file their Second Consolidated Amended Complaint and upon filing, the 22 parties shall submit to the Court an updated briefing schedule, which shall include a proposed new 23 date for a hearing on defendants' anticipated motion and for a further case management conference. 24 DATED: August 18, 2008 25 26 27 28 /s/ DANIEL J. PFEFFERBAUM
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR LEAD PLAINTIFF TO FILE CONSOLIDATED COMPLAINT - 4:07-cv-04972-CW

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

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100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: 415/288-4545 415/288-4534 (fax) Lead Counsel for Plaintiffs

4 5 DATED: August 18, 2008 6 7 8 9 10 11 12 13 14 Attorneys for Defendants THRESHOLD PHARMACEUTICALS, INC., HAROLD "BARRY" E. SELICK and JANET I. SWEARSON I, Daniel J. Pfefferbaum, am the ECF User whose ID and password are being used to file this /s/ LAURENCE A. WEISS 275 Middlefield Road Menlo Park, California 94025-3506 Telephone: 650/324-7000 650/324-0638 (fax) HELLER EHRMAN LLP LAURENCE A. WEISS

15 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR LEAD PLAINTIFF TO 16 FILE CONSOLIDATED COMPLAINT. In compliance with General Order 45, X.B., I hereby attest 17 that Laurence A. Weiss has concurred in this filing. 18 19 * 20 ORDER 21 PURSUANT TO STIPULATION, lead plaintiff shall have until September 19, 2008 to file a 22 Second Consolidated Amended Complaint and upon filing, the parties shall submit a briefing 23 schedule, which shall include a proposed new date for a hearing on defendants' anticipated motion 24 and for a further case management conference. 25 IT IS SO ORDERED. 26 DATED: _________________________ 27 28
T:\CasesSF\Threshold\S_00053403.doc

/s/ DANIEL J. PFEFFERBAUM * *

____________________________________ THE HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR LEAD PLAINTIFF TO FILE CONSOLIDATED COMPLAINT - 4:07-cv-04972-CW

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CERTIFICATE OF SERVICE I hereby certify that on August 18, 2008, 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 August 18, 2008. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ DANIEL J. PFEFFERBAUM COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 100 Pine Street, 26th Floor San Francisco, CA 94111 Telephone: 415/288-4545 415/288-4534 (fax) E-mail:[email protected]

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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],larissa.soboleva@hellereh Marc S. Henzel [email protected] Dennis J. Herman [email protected],[email protected],[email protected],[email protected] Alexander M.R. Lyon [email protected],[email protected] Daniel Jacob Pfefferbaum [email protected] Darren Jay Robbins [email protected] Samuel H. Rudman [email protected] Evan J. Smith [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

https://ecf.cand.uscourts.gov/cgi-bin/MailList.pl?399441613534217-L_497_0-1

8/18/2008