Free Stipulation - District Court of California - California

Case 4:07-cv-04972-CW

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Filed 02/26/2008

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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 AMENDING BRIEFING SCHEDULE IN RESPONSE TO CONSOLIDATED AMENDED COMPLAINT 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. Case No. CV-07-04972 CW CLASS ACTION STIPULATION AND [PROPOSED] ORDER AMENDING BRIEFING SCHEDULE IN RESPONSE TO CONSOLIDATED AMENDED COMPLAINT

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, providing that lead plaintiff shall have until January 15, 2008 to 3 file a consolidated complaint and defendants shall have until February 29, 2008 to respond, 4 and further providing that if defendants file a motion to dismiss, lead plaintiff will oppose 5 by April 14, 2008 and defendants will reply by May 29, 2008 and a hearing will be 6 scheduled for June 12, 2008; and 7 WHEREAS on January 15, 2008, lead plaintiff timely filed his consolidated

8 amended class action complaint; and 9 WHEREAS defendants anticipate filing a motion to dismiss the consolidated

10 amended class action complaint; and 11 WHEREAS counsel for defendants have requested, and counsel for lead plaintiff is

12 agreeable to, a revision to the existing schedule, pursuant to which defendants' time to 13 respond to the consolidated amended class action complaint shall be extended to and 14 including March 7, 2008, and lead plaintiff's time to oppose shall be extended to April 21, 15 2008, and the dates for defendants to reply and for the hearing shall be unchanged by this 16 stipulation; and 17 WHEREAS this proposed revision to the briefing schedule shall not affect the date

18 for the hearing on defendants' motion to dismiss; 19 IT IS THEREFORE HEREBY STIPULATED and agreed by and among the

20 undersigned counsel on behalf of their respective clients that defendants shall have until 21 March 7, 2008 to answer, move to dismiss, or otherwise respond to the consolidated 22 amended complaint, and if defendants move to dismiss, lead plaintiff shall have until April 23 21, 2008 to oppose, defendants shall have until May 29, 2008 to reply, and the hearing on 24 the motion to dismiss shall be scheduled for June 12, 2008. 25 /// 26 /// 27 /// 28 ///
STIPULATION AND [PROPOSED] ORDER AMENDING BRIEFING SCHEDULE IN RESPONSE TO CONSOLIDATED AMENDED COMPLAINT CASE NO. CV-07-04972 CW

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1 SO STIPULATED. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 DATED: February 26, 2008 DATED: February 26, 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 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP By /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 *** I, Laurence A. Weiss, am the ECF User whose ID and password are being used to

21 file this Stipulation And [Proposed] Order Amending Briefing Schedule In Response To 22 Consolidated Amended Complaint. In compliance with General Order 45, X.B., I hereby 23 attest that Dennis J. Herman has concurred in this filing. 24 /s/ Laurence A. Weiss 25 Laurence A. Weiss 26 27 28
STIPULATION AND [PROPOSED] ORDER AMENDING BRIEFING SCHEDULE IN RESPONSE TO CONSOLIDATED AMENDED COMPLAINT CASE NO. CV-07-04972 CW

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ORDER PURSUANT TO STIPULATION, defendants shall have until March 7, 2008 to

3 answer, move to dismiss, or otherwise respond to the consolidated amended complaint. If 4 defendants move to dismiss, lead plaintiff shall have until April 21, 2008 to oppose, 5 defendants shall have until May 29, 2008 to reply, and the hearing on the motion to dismiss 6 shall be scheduled for June 12, 2008. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER AMENDING BRIEFING SCHEDULE IN RESPONSE TO CONSOLIDATED AMENDED COMPLAINT CASE NO. CV-07-04972 CW

IT IS SO ORDERED.

DATED: ____________________

____________________________________________ HONORABLE CLAUDIA WILKEN United States District Court Judge

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