Free Order - District Court of California - California

Case 4:07-cv-04972-CW

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Filed 10/25/2007

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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 RE FILING OF FIRST AMENDED COMPLAINT AND DEFENDANTS' RESPONSE THERETO 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 [PROPOSED] ORDER RE FILING OF FIRST AMENDED COMPLAINT AND DEFENDANTS' RESPONSE THERETO Case No. CV-07-04972 CW CLASS ACTION

Case 4:07-cv-04972-CW

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WHEREAS on July 5, 2007, plaintiff Jerry Twinde ("Plaintiff") filed a class action

2 complaint against defendants Threshold Pharmaceuticals, Inc., Harold E. Selick, and Janet 3 I. Swearson ("Defendants") in the United States District Court for the Southern District of 4 New York entitled Twinde v. Threshold Pharmaceuticals, Inc et al.; 5 WHEREAS on July 10, 2007, a second class action complaint was filed against

6 Defendants in the United States District Court for the Southern District of New York 7 entitled Gilbert v. Threshold Pharmaceuticals, Inc. et al.; 8 WHEREAS on September 4, 2007, Michael Hentosh ("Proposed Lead Plaintiff")

9 filed a motion to be appointed to serve as lead plaintiff and to approve selection of 10 Plaintiff's counsel as lead counsel; 11 WHEREAS on September 17, 2007, the Court ordered that the Twinde and Gilbert

12 actions be transferred to the United States District Court for the Northern District of 13 California; 14 WHEREAS on September 26, 2007, the Twinde and Gilbert actions were refiled in

15 the Northern District of California; 16 WHEREAS on October 5, 2007, counsel for Plaintiff and for Proposed Lead Plaintiff

17 refiled the motion seeking appointment as lead plaintiff in this Court; 18 19 WHEREAS no other motion to be appointed to serve as lead plaintiff has been filed; WHEREAS, if Plaintiff or Proposed Lead Plaintiff is appointed lead plaintiff, or if

20 Plaintiff's counsel is appointed as lead counsel, lead plaintiff will file an amended and 21 consolidated complaint; and 22 WHEREAS on October 11, 2007, this Court consolidated the Twinde and Gilbert

23 actions; 24 25 Court; 26 /// 27 /// 28 /// 1
STIPULATION AND [PROPOSED] ORDER RE FILING OF FIRST AMENDED COMPLAINT AND DEFENDANTS' RESPONSE THERETO CASE NO. CV-07-04972 CW

WHEREAS the parties have not previously requested any extension of time in this

Case 4:07-cv-04972-CW

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IT IS HEREBY STIPULATED and agreed by and among the undersigned counsel

2 on behalf of their respective clients that: 3 1. Defendants need not respond to the complaint previously filed by Plaintiff's

4 counsel; 5 2. If Proposed Lead Plaintiff is appointed lead plaintiff, or if Plaintiff's counsel

6 is appointed as lead counsel, lead plaintiff shall file an amended and consolidated complaint 7 within 45 days of the order appointing lead plaintiff; 8 3. If an amended and consolidated complaint is filed, Defendants shall answer,

9 move to dismiss, or otherwise respond to the amended and consolidated complaint within 10 45 days of the filing of the amended and consolidated complaint; 11 4. If Defendants move to dismiss the amended and consolidated complaint, lead

12 plaintiff shall file his opposition within 45 days of the filing of Defendants' motion to 13 dismiss, and Defendants shall file any reply within 30 days of the filing of plaintiff's 14 opposition. 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2
STIPULATION AND [PROPOSED] ORDER RE FILING OF FIRST AMENDED COMPLAINT AND DEFENDANTS' RESPONSE THERETO CASE NO. CV-07-04972 CW

Case 4:07-cv-04972-CW

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1 DATED: October 22, 2007 2 3 4 5 6 7 8 9 10 DATED: October 22, 2007 11 12 13 14 15 16 17 18 SO ORDERED.
10/25/07

HELLER EHRMAN LLP 275 Middlefield Road Menlo Park, California 94025-3506 Telephone: (650) 324-7000 Facsimile: (650) 324-0638 By /s/ Alexander M.R. Lyon Alexander M.R. Lyon

Attorneys for Defendants THRESHOLD PHARMACEUTICALS, INC., HAROLD "BARRY" E. SELICK, and JANET I. SWEARSON COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: (415) 288-4545 Facsimile: (415) 288-4534 By /s/ Daniel J. Pfefferbaum Daniel J. Pfefferbaum

Attorneys for Plaintiff and Proposed Lead Plaintiff

19 DATED: _______________ 20 21 22 23 24 25 26 27 28

____________________________________________ HONORABLE CLAUDIA WILKEN United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER RE FILING OF FIRST AMENDED COMPLAINT AND DEFENDANTS' RESPONSE THERETO CASE NO. CV-07-04972 CW