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In Re Celera Corp. Derivative Litig.
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.]
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
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
action, through their counsel of record, as follows: 26 27
1. Defendants' time to answer, move, or otherwise respond to the
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 ...
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