Markette v. Xoma Corp et al

Northern District of California, cand-4:2015-cv-03425

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{9}} Stipulation to Vacate Initial Case Management Conference and Reset All Related Deadlines and Extend Time to Answer or Otherwise Respond the Complaint.

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1 COOLEY LLP JOHN C. DWYER (136533) (dwyerjc@cooley.com) 2 JESSICA VALENZUELA SANTAMARIA (220934) (jsantamaria@cooley.com) AMANDA A. MAIN (260814) (amain@cooley.com) 3 BRETT H. DE JARNETTE (292919) (bdejarnette@cooley.com) 3175 Hanover Street 4 Palo Alto, CA 94304-1130 Telephone: (650) 843-5000 5 Facsimile: (650) 849-7400 6 Attorneys for Defendants XOMA CORPORATION, JOHN W. VARIAN, 7 and PAUL D. RUBIN 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 JOSEPH F. MARKETTE, on Behalf of Case No. 3:15-CV-3425-HSG Himself and All Others Similarly Situated, 12 STIPULATION AND ORDER TO VACATE Plaintiff, INITIAL CASE MANAGEMENT 13 CONFERENCE AND RESET ALL RELATED v. DEADLINES AND EXTEND DEFENDANTS' 14 TIME TO ANSWER OR OTHERWISE XOMA CORPORATION, JOHN W. RESPOND TO THE COMPLAINT 15 VARIAN, and PAUL D. RUBIN, 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP STIP. AND [PROPOSED] ORDER TO VACATE CMC ATTO RNEY S AT LAW PALO AL TO AND EXTEND TIME TO RESPOND TO COMPLAINT 3:15-CV-3425-HSG 1 Plaintiff Joseph Markette, individually and on behalf of all others similarly situated, 2 ("Plaintiff"), by and through his undersigned counsel, and Defendants XOMA Corporation, John 3 Varian, and Paul Rubin ("Defendants"), by and through their undersigned counsel, hereby 4 stipulate and agree as follows: 5 WHEREAS Plaintiff's Class Action Complaint for Violations of the Federal Securities 6 Laws (the "Complaint") was filed in the action styled Markette v. XOMA Corporation, et al., 7 No. 3:15-CV-3425-HSG on July 24, 2015 (Dkt. No. 1) (the "Complaint"); 8 WHEREAS, Plaintiff sent waivers of service of summons to Defendants on August 4, 9 2015 and Cooley LLP accepted service on their behalf; 10 WHEREAS, under Rule 12 of the Federal Rules of Civil Procedure, Defendants are 11 required to answer or otherwise respond to Plaintiff's Complaint on or before September 28, 12 2015; 13 WHEREAS, under section 78u-4(a)(3) of the Private Securities Litigation Reform Act of 14 1995 ("PSLRA") the deadline to file a motion to appoint lead plaintiff and to appoint lead counsel 15 is September 22, 2015; 16 WHEREAS, on July 27, 2015, this Court issued an Order, scheduling an Initial Case 17 Management Conference for October 27, 2015 along with related Alternative Dispute Resolution 18 ("ADR") deadlines. 19 WHEREAS, the parties agree that, in light of the deadline to file a motion to appoint lead 20 plaintiff and lead counsel, and in the interests of judicial economy and preservation of the Court's 21 and the parties' resources, Defendants need not respond to the pending Complaint; 22 WHEREAS, under Civil Local Rule 6-1(a), the parties may stipulate in writing, without a 23 Court order, to extend the time within which to answer or otherwise respond to the Complaint 24 provided that the change will not alter the date of any event or any deadline already fixed by 25 Court order; 26 WHEREAS, the Court has not issued any order setting the time within which Defendants 27 must answer or otherwise respond to the Complaint; 28 COOLEY LLP STIP AND [PROPOSED] ORDER TO VACATE CMC ATTO RNEY S AT LAW PALO AL TO 1 AND EXTEND TIME TO RESPOND TO COMPLAINT 3:15-CV-3425-HSG 1 NOW THEREFORE, the parties hereby STIPULATE and AGREE as follows, through 2 their undersigned counsel: 3 1. Defendants shall not be required to, and shall not waive any rights, arguments, or 4 defenses by not answering, moving against, or otherwise responding to the pending Complaint in 5 the action styled Markette v. XOMA Corporation, et al., No. 3:15-CV-3425-HSG; 6 2. Upon appointment of a lead plaintiff and lead counsel, the parties will meet and 7 confer to set a schedule for the filing by such lead plaintiff of a consolidated complaint and 8 Defendants' response. 9 3. The Initial Case Management Conference currently scheduled for October 27, 10 2015, along with any associated deadlines under the Federal Rules of Civil Procedure and Local 11 Rules (including ADR deadlines), shall be vacated and reset after appointment of lead plaintiff 12 and lead counsel. 13 IT IS SO STIPULATED. 14 Respectfully Submitted, 15 Dated: August 26, 2015 COOLEY LLP 16 17 /s/ Jessica Valenzuela Santamaria Jessica Valenzuela Santamaria (136533) 18 Attorneys for Defendants XOMA CORPORATION, 19 JOHN W. VARIAN, and PAUL D. RUBIN 20 21 22 23 24 25 26 27 28 COOLEY LLP STIP AND [PROPOSED] ORDER TO VACATE CMC ATTO RNEY S AT LAW PALO AL TO 2. AND EXTEND TIME TO RESPOND TO COMPLAINT 3:15-CV-3425-HSG 1 Dated: August 26, 2015 PUNZALAN LAW, P.C. 2 3 /s/ Mark Punzalan Mark Punzalan (247599) 4 Attorneys for Plaintiff JOSEPH F. MARKETTE 5 6 LEVI & KORSINSKY, LLP Nicholas I. Porritt (to be admitted pro hac vice) 7 Adam M. Apton (to be admitted pro hac vice) 1101 30th Street, N.W., Suite 115 8 Washington, D.C. 20007 Tel: (202) 524-4290 9 Fax: (202) 363-2121 10 LEVI & KORSINSKY, LLP 11 Julia J. Sun (to be admitted pro hac vice) 30 Broad Street, 24th Floor 12 New York, New York 10004 Tel: (212) 363-7500 13 Fax: (212) 363-7171 14 15 * * * 16 ORDER 17 18 PURSUANT TO STIPULATION, IT IS SO ORDERED. 19 DATED: August 27, 2015 20 Hon. Haywood S. Gilliam, Jr. 21 United States District Court Judge 22 23 24 25 26 27 28 COOLEY LLP STIP AND [PROPOSED] ORDER TO VACATE CMC ATTO RNEY S AT LAW PALO AL TO 3. AND EXTEND TIME TO RESPOND TO COMPLAINT 3:15-CV-3425-HSG 1 ATTESTATION OF CONCURRENCE IN FILING 2 Pursuant to the United States District Court for the Northern District of California, Civil 3 L. R. 5-1(i), I, Jessica Valenzuela Santamaria, hereby attest that the concurrence to the filing of 4 the foregoing document has been obtained from Mark Punzalan, who has provided the conformed 5 signature above. 6 Dated: August 26, 2015 COOLEY LLP 7 8 /s/ Jessica Valenzuela Santamaria 9 Jessica Valenzuela Santamaria (220934) 10 Attorneys for Defendants XOMA CORPORATION, JOHN W. VARIAN, and PAUL D. RUBIN 11 12 CERTIFICATE OF SERVICE 13 14 I, Jessica Valenzuela Santamaria, one of the attorneys for Defendants XOMA 15 Corporation, John W. Varian, and Paul D. Rubin hereby certify that on August 27, 2015, I caused 16 a copy of the attached Stipulation Re Defendants XOMA Corporation, John W. Varian, and Paul 17 D. Rubin's Response to the Pending Complaint to be submitted electronically to the Court's 18 Electronic Case Filing System which generates a Notice of Electronic Filing that constitutes 19 service to all Filing Users under Fed. R. Civ. P. 5(b)(2)(D). 20 /s/ Jessica Valenzuela Santamaria 21 Jessica Valenzuela Santamaria 22 23 120642963 24 25 26 27 28 COOLEY LLP STIP AND [PROPOSED] ORDER TO VACATE CMC ATTO RNEY S AT LAW PALO AL TO 4. AND EXTEND TIME TO RESPOND TO COMPLAINT 3:15-CV-3425-HSG