In re: GERON CORPORATION SECURITIES LITIGATION, No. 3:2014cv01224 - Document 101 (N.D. Cal. 2016)

Court Description: ORDER granting: 100 STIPULATION WITH PROPOSED ORDER to Extend Case Management Schedule and Increase Page Limits filed by Vinod Patel. Motion class certification due by 8/12/2016. Responses due by 9/26/2016. Replies due by 11/7 /2016. Motion Hearing set for 12/2/2016 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Motion for SJ due by 7/14/2017. Response due by 8/28/2017. Reply due by 10/12/2017. Lead Plaintiffs opening brief moti on for class certification shall not exceed 25 pages. Opposition to motion for class certification shall not exceed 35 pages. Reply to motion for class certification shall not exceed 20 pages. Signed by Judge Charles R. Breyer on 6/9/2016. (beS, COURT STAFF) (Filed on 6/9/2016)
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In re: GERON CORPORATION SECURITIES LITIGATION Doc. 101 1 Richard W. Gonnello (admitted pro hac vice) Megan M. Sullivan (admitted pro hac vice) 2 Katherine M. Lenahan (admitted pro hac vice) FARUQI & FARUQI, LLP 3 685 Third Avenue, 26th Floor New York, NY 10017 4 Telephone: 212-983-9330 Facsimile: 212-983-9331 5 Email: rgonnello@faruqilaw.com msullivan@faruqilaw.com 6 klenahan@faruqilaw.com 7 Barbara Rohr SBN 273353 FARUQI & FARUQI, LLP 8 10866 Wilshire Boulevard, Suite 1470 Los Angeles, CA 90024 9 Telephone: 424-256-2884 Facsimile: 424-256-2885 10 Email: brohr@faruqilaw.com 11 Attorneys for Lead Plaintiff Vinod Patel 12 [Additional counsel listed on signature page] 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 17 CA No. 3:14-CV-01224 (CRB) In re: GERON CORPORATION SECURITIES LITIGATION 18 19 20 This Document Relates To: ALL ACTIONS STIPULATION AND ORDER TO EXTEND CASE MANAGEMENT SCHEDULE AND INCREASE PAGE LIMITS Judge: Hon. Charles R. Breyer Courtroom: 6, 17th Floor CONSOLIDATED CLASS ACTION 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO EXTEND CASE MANAGEMENT SCHEDULE AND INCREASE PAGE LIMITS CV 14 01224 CRB Dockets.Justia.com 1 Lead Plaintiff Vinod Patel (“Lead Plaintiff”) and Defendants Geron Corporation, John A. 2 Scarlett, Olivia K. Bloom, and Stephen M. Kelsey (collectively “Defendants” and together with 3 Lead Plaintiff, the “Parties”), by and through their undersigned counsel, hereby stipulate as follows: 4 WHEREAS, on November 6, 2015, the Parties filed their Joint Case Management Statement 5 and Order (the “Initial CMS”) (ECF No. 94) proposing a litigation schedule and discovery plan for 6 this action; 7 WHEREAS, on November 13, 2015, the Court expressly adopted certain dates set forth in 8 the Initial CMS, and, although not reflected in the Minute Entry (ECF No. 95), presumably 9 approved the remaining dates set forth in the Initial CMS; 10 WHEREAS, the Parties unsucessfully attempted to mediate their dispute but since that time 11 have continued discussions to reach a potential resolution of this action, pursuant to which 12 discussions targeted discovery and additional information have been exchanged among the Parties; 13 WHEREAS, the Parties would like to continue mediation discussions over the course of the 14 next several weeks without incurring certain significant expenses that would result from meeting 15 certain deadlines relating to the completion of document production and the briefing of Lead 16 Plaintiff’s upcoming motion for class certification; and 17 WHEREAS, the Parties have agreed to a new case management schedule that would 18 postpone several impending deadlines for approximately one month to accommodate for further 19 mediation discussions; 20 WHEREAS, pursuant to the amended case management schedule set forth below, Lead 21 Plaintiff intends to file a motion for class certification; 22 WHEREAS, Civil Local Rule 7-2(b) provides that memoranda of points and authorities may 23 not exceed 25 pages, but this Court’s Standing Order provides that any such memoranda may not 24 exceed 15 pages; 25 WHEREAS, given the complexity of the legal issues that must be addressed, the 15-page 26 limit would prevent the Parties from adequately setting forth their arguments in support of and in 27 opposition to Lead Plaintiff’s motion for class certification; and 28 1 STIPULATION AND [PROPOSED] ORDER TO EXTEND CASE MANAGEMENT SCHEDULE AND INCREASE PAGE LIMITS CV 14 01224 CRB 1 WHEREAS, counsel for the Parties met and conferred to discuss page limits for the motion 2 for class certification, and agreed that the page limits for both Lead Plaintiff’s opening brief in 3 support of and Defendants’ opposition to the motion should be increased beyond 15 pages. 4 WHEREFORE, IT IS HEREBY STIPULATED AND AGREED that, 5 1. The following amended case management schedule should be adopted and the dates 6 highlighted in the chart below should replace the dates set forth in the Initial CMS: 7 8 EVENT DATE 9 Exchange of initial disclosures December 11, 2015 10 Plaintiff to file class certification motion August 12, 2016 11 Deadline for substantial completion of document productions September 30, 2016 Defendants to respond to Plaintiff's class certification motion September 26, 2016 15 Plaintiff’s reply in support of class certification motion November 7, 2016 16 Hearing on Plaintiff’s class certification motion 17 Fact discovery cut-off December 2, 2016, or on a date set by the Court February 24, 2017 18 Last day to amend pleadings or add parties March 10, 2017 19 Deadline for Plaintiff to submit expert reports April 7, 2017 20 Deadline for Defendants to submit expert reports May 8, 2017 21 Deadline for Plaintiff to submit rebuttal expert reports, if any June 7, 2017 Expert discovery cut-off June 23, 2017 Defendants to file motion for summary judgment and/or summary adjudication July 14, 2017 Plaintiff’s to respond to Defendants’ motion for summary judgment and/or summary adjudication August 28, 2017 Defendants reply in support of Defendants’ motion for summary judgment and/or summary adjudication October 12, 2017 12 13 14 22 23 24 25 26 27 28 2 STIPULATION AND [PROPOSED] ORDER TO EXTEND CASE MANAGEMENT SCHEDULE AND INCREASE PAGE LIMITS CV 14 01224 CRB 1 Last day to conduct settlement conference No later than 25 days after Court’s ruling on all dispositive motions Deadline to serve and file Rule 26(a)(3) disclosures No later than 30 days after Court’s ruling on all dispositive motions Deadline to serve motions in limine No later than 30 days after Court’s ruling on all dispositive motions Deadline to serve oppositions to motions in limine No later than 60 days after Court’s ruling on all dispositive motions Deadline for the Parties to exchange copies of all exhibits, summaries, charts, and diagrams to be used at trial other than solely for impeachment No later than 60 days after Court’s ruling on all dispositive motions Deadline to file joint proposed final pretrial order and other materials as set forth in the Court’s “Guidelines for Trial and Final Pretrial Conference in Civil Jury Cases” No later than 73 days after Court’s ruling on all dispositive motions Pre-trial conference No later than 80 days after Court’s ruling on all dispositive motions Trial to commence No later than 90 days after Court’s ruling on all dispositive motions 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 2. Lead Plaintiff’s opening brief in support of his motion for class certification shall 17 not exceed 25 pages in length. 18 3. Defendants’ opposition to Lead Plaintiff’s motion for class certification shall not 19 exceed 35 pages in length. 20 4. Lead Plaintiff’s reply in support of his motion for class certification shall not exceed 21 20 pages in length. 22 Dated: June 8, 2016 FARUQI & FARUQI, LLP 23 By: /s/ Richard W. Gonnello Richard W. Gonnello 24 25 26 27 28 Richard W. Gonnello (admitted pro hac vice) Megan M. Sullivan (admitted pro hac vice) Katherine M. Lenahan (admitted pro hac vice) 685 Third Avenue, 26th Floor New York, NY 10017 Telephone: 212-983-9330 Facsimile: 212-983-9331 Email: rgonnello@faruqilaw.com 3 STIPULATION AND [PROPOSED] ORDER TO EXTEND CASE MANAGEMENT SCHEDULE AND INCREASE PAGE LIMITS CV 14 01224 CRB msullivan@faruqilaw.com klenahan@faruqilaw.com 1 2 Barbara Rohr SBN 273353 10866 Wilshire Boulevard, Suite 1470 Los Angeles, CA 90024 Telephone: 424-256-2884 Facsimile: 424-256-2885 Email: brohr@faruqilaw.com 3 4 5 Attorneys for Lead Plaintiff 6 7 Dated: June 8, 2016 COOLEY LLP 8 By: /s/ Ryan E. Blair John C. Dwyer 3175 Hanover Street Palo Alto, CA 94304 Telephone: (650) 843-5000 Facsimile: (650) 849-7400 Email: jdwyer@cooley.com 9 10 11 12 Ryan E. Blair 4401 Eastgate Mall San Diego, CA 92121-1909 Telephone: (858) 550-6000 Facsimile: (858) 550-6420 Email: rblair@cooley.com 13 14 15 Attorneys for Defendants Geron Corporation, John A. Scarlett, Olivia K. Bloom, and Stephen M. Kelsey 16 17 18 19 20 21 ATTESTATION (CIVIL LOCAL RULE 5-1(i)(3)) In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this 22 document has been obtained from the signatory. 23 Dated: June 8, 2016 FARUQI & FARUQI, LLP 24 25 /s/ Richard W. Gonnello Richard W. Gonnello (pro hac vice) 26 Attorneys for Lead Plaintiff 27 28 * * * 4 STIPULATION AND [PROPOSED] ORDER TO EXTEND CASE MANAGEMENT SCHEDULE AND INCREASE PAGE LIMITS CV 14 01224 CRB ORDER 1 2 Pursuant to the foregoing stipulation, and good cause appearing, IT IS SO ORDERED. 3 DATED: June 9, 2016 4 Honorable Charles R. Breyer United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 STIPULATION AND [PROPOSED] ORDER TO EXTEND CASE MANAGEMENT SCHEDULE AND INCREASE PAGE LIMITS CV 14 01224 CRB