Free Proposed Order - District Court of California - California

Case 4:07-cv-04972-CW

Document 25

Filed 03/07/2008

Page 1 of 2

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 E. "BARRY" SELICK
and JANET I. SWEARSON

9 10 11 12
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ) ) ) Plaintiff, ) ) v. ) ) THRESHOLD PHARMACEUTICALS, INC., ) HAROLD E. "BARRY" SELICK and JANET I. ) SWEARSON ) ) Defendants. ) __________________________________________ ) RAYNOLD L. GILBERT, On Behalf of Himself ) and All Others Similarly Situated, ) ) Plaintiff, ) ) v. ) ) THRESHOLD PHARMACEUTICALS, INC., ) HAROLD E. "BARRY" SELICK and JANET I. ) SWEARSON ) ) Defendants. ) Case No.: 4:07-CV-04972-CW CLASS ACTION [PROPOSED] ORDER GRANTING DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' CONSOLIDATED CLASS ACTION COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS Hearing Date: Hearing Time: Place: Judge: June 12, 2008 2:00 p.m. Courtroom 2, 4th Floor Hon. Claudia Wilken

TWINDE, On Behalf of Himself and All 13 JERRYSimilarly Situated, Others

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

[PROPOSED] ORDER GRANTING MOTION TO DISMISS CASE NO. 4:07-CV-04972-CW

Case 4:07-cv-04972-CW

Document 25

Filed 03/07/2008

Page 2 of 2

1

The motion of Defendants Threshold Pharmaceuticals, Inc. ("Threshold"), Harold E.

2 "Barry" Selick and Janet I. Swearson (collectively "Defendants") to dismiss Plaintiffs' 3 Consolidated Class Action Complaint for Violation of the Federal Securities Laws (the 4 "Complaint"), came on regularly for hearing on June 12, 2008. The Court has considered the 5 Notice of Motion and Motion, the memoranda of points and authorities in support and in opposition 6 thereto, as well as the papers filed in support thereof, the pleadings and other papers on file in this 7 action, and the oral arguments of counsel, and good cause appearing: 8
IT IS HEREBY ORDERED that Defendants' motion to dismiss the Complaint is

9 GRANTED in its entirety, with prejudice, on the grounds that the Complaint fails to state a claim 10 upon which relief may be granted, as required by Federal Rule of Civil Procedure 12(b)(6), and 11 fails to satisfy the heightened pleading requirements of the Private Securities Litigation Reform Act 12 of 1995 and Federal Rule of Civil Procedure 9(b). 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1
[PROPOSED] ORDER GRANTING MOTION TO DISMISS CASE NO. 4:07-CV-04972-CW

IT IS SO ORDERED.

Dated: ____________________, 2008

________________________________________ THE HONORABLE CLAUDIA WILKEN United States District Judge