Free Order - District Court of California - California

Case 4:07-cv-04972-CW

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Filed 04/18/2008

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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 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 OAKLAND DIVISION 10 JERRY TWINDE, On Behalf of Himself and ) No. 4:07-cv-04972-CW 11 All Others Similarly Situated, ) ) CLASS ACTION 12 Plaintiff, ) ) 13 vs. ) ) 14 THRESHOLD PHARMACEUTICALS, INC., ) et al., ) 15 ) Defendants. ) 16 ) ) No. 4:07-cv-04971-CW RAYNOLD L. GILBERT, On Behalf of 17 Himself and All Others Similarly Situated, ) ) CLASS ACTION 18 ) Plaintiff, ) 19 ) vs. ) 20 THRESHOLD PHARMACEUTICALS, INC., ) ) et al., 21 ) ) Defendants. 22 ) 23 24 25 26 27 28 STIPULATION AND ORDER FOR EXTENDING THE PAGE LIMIT FOR BRIEFING ON MOTION TO DISMISS

Case 4:07-cv-04972-CW

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WHEREAS, lead plaintiff filed his Consolidated Amended Class Action Complaint for

2 Violation of the Federal Securities Laws in this action on January 15, 2008, and defendants filed a 3 Motion to Dismiss Plaintiffs' Consolidated Amended Complaint for Violation of the Federal 4 Securities Laws ( "Motion to Dismiss on March 7, 2008; ") 5 WHEREAS, pursuant to Civil Local Rule 7-3, lead plaintiff is to have 25 pages to respond to

6 defendants'Motion to Dismiss, due April 21, 2008, and defendants are to have 15 pages to reply, due 7 May 29, 2008; 8 WHEREAS, lead plaintiff believes that because of the number and complexity of the issues

9 raised in defendants' 25-page Motion to Dismiss, lead plaintiff will need an additional 10 pages to 10 fully respond to all of defendants' arguments; and 11 WHEREAS, defendants have agreed to stipulate to an extension of the page limit for lead

12 plaintiff's response to 35 pages, and, in turn, seeks a 5-page extension for their reply brief. 13 IT IS THEREFORE STIPULATED AND AGREED by lead plaintiff and defendants,

14 through their respective counsel of record, that, subject to the Court's approval, lead plaintiff shall 15 have 35 pages to respond to defendants' Motion to Dismiss and defendants shall have 20 pages for 16 their reply brief. 17 DATED: April 14, 2008 18 19 20 21 22 23 24 Lead Counsel for Plaintiffs 25 26 27 28 STIPULATION AND [PROPOSED] ORDER FOR EXTENDING PAGE LIMIT FOR BRIEFING ON MOTION TO DISMISS - 4:07-cv-04972-CW -1/s/ DANIEL J. PFEFFERBAUM 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: 415/288-4545 415/288-4534 (fax) COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP DENNIS J. HERMAN DANIEL J. PFEFFERBAUM

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1 DATED: April 14, 2008 2 3 4 5 6 7

HELLER EHRMAN LLP LAURENCE WEISS

/s/ LAURENCE WEISS 275 Middlefield Road Menlo Park, CA 94025 Telephone: 650/324-7000 650/324-0638 (fax) Attorneys for Defendants

8 I, Daniel J. Pfefferbaum, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER FOR EXTENDING THE PAGE LIMIT FOR 10 BRIEFING ON MOTION TO DISMISS. In compliance with General Order 45, X.B., I hereby attest that Laurence A. Weiss has concurred in this filing. 11 /s/ 12 DANIEL J. PFEFFERBAUM 9 13 14 15 16 17 18 19 20 21 22
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* ORDER

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PURSUANT TO STIPULATION, lead plaintiff shall have 35 pages to respond to defendants' Motion to Dismiss and defendants shall have 20 pages for their reply brief. IT IS SO ORDERED. 4/18/08 DATED: _________________________ ____________________________________ THE HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER FOR EXTENDING PAGE LIMIT FOR BRIEFING ON MOTION TO DISMISS - 4:07-cv-04972-CW -2-

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CERTIFICATE OF SERVICE I hereby certify that on April 14, 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 April 14, 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]