Free Order - District Court of California - California

Case 4:07-cv-04972-CW

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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
STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE FOR MOTION TO DISMISS CASE NO. CV-07-04972 CW

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION JERRY TWINDE, Plaintiff, vs. THRESHOLD PHARMACEUTICALS, INC., HAROLD "BARRY" E. SELICK, and JANET I. SWEARSON Defendants. STIPULATION AND ORDER CONTINUING HEARING DATE FOR DEFENDANTS' MOTION TO DISMISS CONSOLIDATED AMENDED COMPLAINT AND CASE MANAGEMENT CONFERENCE AS MODIFIED Case No. CV-07-04972 CW CLASS ACTION

Case 4:07-cv-04972-CW

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WHEREAS on December 17, 2007, the Court entered an Order, pursuant to

2 stipulation of the parties, setting forth deadlines for lead plaintiff to file a consolidated 3 complaint and for defendants' responsive motion to dismiss; and 4 WHEREAS the December 17, 2007 stipulation and Order provided, inter alia, that

5 defendants shall have until May 29, 2008 to file and serve their reply brief, and that a 6 hearing on defendants' motions to dismiss be scheduled for June 12, 2008, at 2:00 p.m.; and 7 WHEREAS the December 17, 2007 Order further provided that the case

8 management conference in this action be continued to June 12, 2008 at 2:00 p.m.; and 9 WHEREAS on January 15, 2008, lead plaintiff timely filed his consolidated

10 amended class action complaint; and 11 WHEREAS on March 7, 2008 defendants timely filed a motion to dismiss the

12 consolidated amended class action complaint, currently scheduled to be heard on June 12, 13 2008; and 14 WHEREAS counsel for both lead plaintiff and defendants have developed

15 scheduling conflicts on June 12, 2008; and 16 WHEREAS counsel for both lead plaintiff and defendants are available on June 19,

17 2008 for a hearing on defendants' motion to dismiss, and are agreeable to rescheduling the 18 hearing and also the case management conference to that date; and 19 WHEREAS June 19, 2008 is presently showing as an available hearing date on the

20 Court's website; and 21 WHEREAS there has been no prior continuance of the hearing date for defendants

22 motion to dismiss; and 23 WHEREAS counsel for defendants has requested, and counsel for lead plaintiff has

24 agreed, that if the hearing date is continued to June 19, 2008 then defendants shall have 25 until June 5, 2008 to file and serve their reply brief; 26 IT IS THEREFORE HEREBY STIPULATED and agreed by and among the

27 undersigned counsel on behalf of their respective clients that, subject to Court order: 28 1. Defendants shall have until June 5, 2008 to file and serve their reply brief in 1
STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE FOR MOTION TO DISMISS CASE NO. CV-07-04972 CW

Case 4:07-cv-04972-CW

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support of their motion to dismiss plaintiffs' consolidated amended complaint; and 2. The hearing on defendants' motion to dismiss plaintiffs' consolidated amended complaint shall be continued from June 12, 2008 at 2:00 p.m. to June 19, 2008 at 2:00 p.m.; and 3. The case management conference shall similarly be continued from June 12, 2008 at 2:00 p.m. to June 19, 2008 at 2:00 p.m.

9 SO STIPULATED. 10 11 12 13 14 15 16 17 18 19 20 21 By 22 23 24 25 26 27 28 2
STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE FOR MOTION TO DISMISS CASE NO. CV-07-04972 CW

DATED: May 22, 2008

HELLER EHRMAN LLP By /s/ Laurence A. Weiss Laurence A. Weiss

275 Middlefield Road Menlo Park, California 94025-3506 Telephone: (650) 324-7000 Facsimile: (650) 324-0638 Attorneys for Defendants THRESHOLD PHARMACEUTICALS, INC., HAROLD "BARRY" E. SELICK, and JANET I. SWEARSON DATED: May 22, 2008 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP /s/ Dennis J. Herman Dennis J. Herman

100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: (415) 288-4545 Facsimile: (415) 288-4534 Attorneys for Lead Plaintiff

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*** I, Laurence A. Weiss, am the ECF User whose ID and password are being used to

3 file this Stipulation And [Proposed] Order Continuing Hearing Date For Defendants' 4 Motion To Dismiss Consolidated Amended Complaint And Case Management Conference. 5 In compliance with General Order 45, X.B., I hereby attest that Dennis J. Herman has 6 concurred in this filing. 7 8 9 10 /s/ Laurence A. Weiss Laurence A. Weiss *** ORDER

11 PURSUANT TO STIPULATION, and good cause appearing, 12 1. Defendants shall have until June 2, 2008 to file and serve their reply brief in 13 14 15 16 17 18 19 20 21 22 5/23/08 23 DATED: ____________________ 24 25 26 27 28 3
STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE FOR MOTION TO DISMISS CASE NO. CV-07-04972 CW

support of their motion to dismiss plaintiffs' consolidated amended complaint; and 2. The hearing on defendants' motion to dismiss plaintiffs' consolidated amended complaint shall be continued from June 12, 2008 at 2:00 p.m. to June 19, 2008 at 2:00 p.m.; and 3. The case management conference shall similarly be continued from June 12, 2008 at 2:00 p.m. to June 19, 2008 at 2:00 p.m. IT IS SO ORDERED.

____________________________________________ HONORABLE CLAUDIA WILKEN United States District Court Judge