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In Re Celera Corp. Derivative Litig.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


May 10, 2011

IN RE CELERA CORP. DERIVATIVE LITIG.

JEth@mofo.com N JORDAN ETH (CA SBN 121617) I JUDSON E. LOBDELL (CA SBN 146041) I MORRISON & FOERSTER LLP N a J. D vila JLobdell@mofo.com N 425 Market Street, 32nd Floor O d rd San Francisco, California 94105-2482 F Judge E w Telephone: 415.268.7000 T L Facsimile: 415.268.7522 E C Attorneys for Defendant STRIC Celera Corporation and Defendants 7 Kathy Ordonez, Joel R. Jung, Ugo DeBlasi, 8 Richard A. Ayers, Jean-Luc Belingard, William G. Green, Peter Barton Hutt, 9 Nominal I T O Gail K. Naughton, Wayne I. Roe, and Bennett M. Shapiro [Additional counsel appear on signature page.]

IT IS SO ORDERED

DERIVATIVE ACTION

STIPULATION EXTENDING DEFENDANTS' TIME TO RESPOND TO PLAINTIFFS' This Document Relates To: AMENDED CONSOLIDATED 19 VERIFIED SHAREHOLDER ALL ACTIONS DERIVATIVE COMPLAINT PURSUANT TO LOCAL RULE 6-1(A)

Pursuant to Civil Local Rule 6-1(a) for the Northern District of California, the parties, by and through their undersigned counsel, stipulate as follows:

WHEREAS, on June 14, 2010, a securities class action entitled Washtenaw County Employees' Retirement System v. Celera Corporation, Case No. C 10-2604-EJD (the "Securities 5 Action") was filed in United States District Court for the Northern District of California; 6

WHEREAS, on July 2 and 9, 2010, plaintiffs Alan R. Kahn and Betty Greenberg ("Plaintiffs") filed the present shareholder derivative actions, which were consolidated into a single 8 action on September 23, 2010; 9

WHEREAS, on August 11, 2010, the Court related the present action to the Securities Action;

WHEREAS, on April 22, 2011, Plaintiffs in the present action filed their Amended Consolidated Verified Shareholder Derivative Complaint (the "Amended Complaint") against 13 nominal defendant Celera Corporation and certain of its officers and directors ("Defendants") 14 alleging breach of fiduciary duty and unjust enrichment; 15

WHEREAS, plaintiffs in the above-referenced and related Securities Action currently are scheduled to file an amended complaint on or before May 6, 2011, and the parties currently are 17 scheduled to complete briefing on defendants' anticipated motion to dismiss in the Securities Action on or before September 1, 2011; 19

WHEREAS, the present action relies upon many of the same underlying facts and events as those at issue in the Securities Action; and 21

WHEREAS, the parties agree that, in the interests of efficiency and judicial economy, briefing and hearing of Defendants' anticipated motions to dismiss the Amended Complaint should 23 be deferred until the Court resolves the defendants' motion to dismiss the Securities Action. 24

NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties to this action, through their counsel of record, as follows: 26 27

1. Defendants' time to answer, move, or otherwise respond to the Amended Complaint is extended until after the Court resolves the defendants' motion to dismiss the Securities Action, as 3 set forth in 2 below. 4

2. Within twenty (20) days after the date of filing of the Court's Order on defendants' motion to dismiss the Securities Action, the parties will meet and confer regarding a schedule 6 pursuant to which the Defendants will answer, move, or otherwise respond to the Amended 7 Complaint.

3. The parties reserve their right to renegotiate the terms of this Stipulation, or to otherwise request appropriate relief from the Court at any time.

I, Judson E. Lobdell, am the ECF User whose ID and password are being used to file this Stipulation Extending Defendants' Time to Respond to Plaintiffs' Amended Consolidated Verified 3 Shareholder Derivative Complaint Pursuant to Local Rule 6-1(A). In compliance with General 4 Order No. 45, X.B., I hereby attest that George Aguilar has concurred in this filing. 5

Judson E. Lobdell

JUDSON E. LOBDELL

20110510

© 1992-2011 VersusLaw Inc.



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