Markette v. Xoma Corp et al

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

STIPULATION WITH PROPOSED ORDER to Extend Case Management Schedule filed by Kelvin M. Neu, Paul D. Rubin, John Varian, XOMA Corporation.

Interested in this case?

Current View

Full Text

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 PAUL D. RUBIN, and KELVIN M. NEU 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 [PROPOSED] ORDER Plaintiff, TO EXTEND CASE MANAGEMENT 13 SCHEDULE v. 14 XOMA CORPORATION, JOHN W. 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 ATTORNEYS AT LAW PALO ALTO EXTEND CMC SCHEDULE 3:15-CV-3425-HSG 1 Lead Plaintiff Joseph Tarzia ("Lead Plaintiff") and Defendants XOMA Corporation, John 2 W. Varian, Paul D. Rubin, and Kelvin M. Neu (collectively "Defendants" and together with Lead 3 Plaintiff, the "Parties"), by and through their undersigned counsel, hereby stipulate as follows: 4 WHEREAS, on July 24, 2015, Joseph Markette filed this action against XOMA, John 5 Varian, and Paul Rubin relating to XOMA's EYEGUARD-B study; 6 WHEREAS, on September 22, 2015, four proposed lead plaintiffs filed motions to be 7 appointed lead plaintiff and for their respective counsel to be appointed lead counsel; 8 WHEREAS, on May 13, 2016, the Court granted Lead Plaintiff's motion, appointing Mr. 9 Tarzia as lead plaintiff and his counsel from Faruqi & Faruqi LLP, lead counsel; 10 WHEREAS, on May 24, 2016, the Court entered an Order (the "Order"), which set the 11 case management deadlines as follows: 12 EVENT DATE 13 Plaintiff's deadline to amend the complaint July 8, 2016 14 Defendants' deadline to file a response to any August 11, 2016 15 amended complaint 16 Plaintiff's deadline to file an opposition to any September 15, 2016 motion filed in response to any amended 17 complaint 18 Defendants' deadline to file a reply in support September 29, 2016 of any responsive motion 19 Hearing on any responsive motion October 13, 2016 20 21 WHEREAS, Plaintiff filed an amended complaint on July 8, 2016, adding for the first 22 time Dr. Neu as a defendant; 23 WHEREAS, Plaintiff sent Dr. Neu a waiver of service of summons on July 20, 2016; 24 WHEREAS, under the Federal Rules of Civil Procedure, Dr. Neu's deadline to respond to 25 the amended complaint is September 19, 2016; 26 WHEREAS, all Defendants, including Dr. Neu, intend to file one joint motion to dismiss 27 the amended complaint to avoid duplication and to maximize judicial economy; 28 WHEREAS, the Parties agree that the Order should be amended to align the deadlines for COOLEY LLP STIP. AND [PROPOSED] ORDER TO ATTORNEYS AT LAW PALO ALTO 1 EXTEND CMC SCHEDULE 3:15-CV-3425-HSG 1 Defendants to respond to the amended complaint. 2 NOW THEREFORE, THE FOLLOWING IS HEREBY STIPULATED by and between 3 the Parties, through their respective counsel: 4 1. The following amended case management schedule should be adopted and the 5 dates in the chart below should replace the dates set forth in the Order: 6 EVENT DATE 7 Defendants' deadline to file a joint motion to September 2, 2016 8 dismiss the amended complaint 9 Plaintiff's deadline to file an opposition to the October 28, 2016 motion to dismiss the amended complaint 10 Defendants' deadline to file a reply in support December 2, 2016 11 of the motion to dismiss 12 Hearing on motion to dismiss December 22, 2016 13 IT IS SO STIPULATED. 14 Dated: July 22, 2016 COOLEY LLP 15 16 /s/ Jessica Valenzuela Santamaria 17 Jessica Valenzuela Santamaria (136533) 18 Attorneys for Defendants XOMA CORPORATION, JOHN W. VARIAN, PAUL D. RUBIN, and 19 KELVIN M. NEU 20 21 22 23 24 25 26 27 28 COOLEY LLP STIP. AND [PROPOSED] ORDER TO ATTORNEYS AT LAW PALO ALTO 2. EXTEND CMC SCHEDULE 3:15-CV-3425-HSG 1 Dated: July 22, 2016 FARUQI & FARUQI, LLP NADEEM FARUQI (Admitted Pro Hac Vice) 2 RICHARD W. GONNELLO (Admitted Pro Hac Vice) 3 MEGAN M. SULLIVAN (Admitted Pro Hac Vice) KATHERINE M. LENAHAN (Admitted Pro Hac Vice) 4 5 /s Richard W. Gonnello 6 Richard W. Gonnello 7 685 Third Avenue, 26th Floor New York, NY 10017 8 Telephone: (212) 983-9330 Facsimile: (212) 983-9331 9 Email: nfaruqi@faruqilaw.com rgonnello@faruqilaw.com 10 msullivan@faruqilaw.com klenahan@faruqilaw.com 11 BARBARA A. ROHR (273353) 12 10866 Wilshire Boulevard, Suite 1470 Los Angeles, CA 90024 13 Telephone: (424) 256-2884 14 Facsimile: (424) 256-2885 Email: brohr@faruqilaw.com 15 Counsel for Lead Plaintiff Joseph Tarzia 16 17 * * * 18 ORDER 19 PURSUANT TO STIPULATION, IT IS SO ORDERED. 20 21 DATED: Hon. Haywood S. Gilliam, Jr. 22 United States District Court Judge 23 24 25 26 27 28 COOLEY LLP STIP. AND [PROPOSED] ORDER TO ATTORNEYS AT LAW PALO ALTO 3. EXTEND CMC SCHEDULE 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 Richard Gonnello, who has provided the 5 conformed signature above. 6 Dated: July 22, 2016 COOLEY LLP 7 8 /s/ Jessica Valenzuela Santamaria 9 Jessica Valenzuela Santamaria (220934) 10 Attorneys for Defendants XOMA CORPORATION, JOHN W. VARIAN, PAUL D. RUBIN, and 11 KELVIN M. NEU 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP STIP. AND [PROPOSED] ORDER TO ATTORNEYS AT LAW PALO ALTO 4. EXTEND CMC SCHEDULE 3:15-CV-3425-HSG 1 CERTIFICATE OF SERVICE 2 I, Jessica Valenzuela Santamaria, one of the attorneys for Defendants XOMA 3 Corporation, John W. Varian, Paul D. Rubin, and Kelvin M. Neu hereby certify that on July 22, 4 2016, I caused a copy of the attached Stipulation and [Proposed] Order to Extend Case 5 Management Schedule to be submitted electronically to the Court's Electronic Case Filing 6 System which generates a Notice of Electronic Filing that constitutes service to all Filing Users 7 under Fed. R. Civ. P. 5(b)(2)(D). 8 /s/ Jessica Valenzuela Santamaria 9 Jessica Valenzuela Santamaria 10 11 134507730 v3 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP STIP. AND [PROPOSED] ORDER TO ATTORNEYS AT LAW PALO ALTO 5. EXTEND CMC SCHEDULE 3:15-CV-3425-HSG