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In Re Celera Corp. Sec. Litig.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


April 3, 2013

IN RE CELERA CORP. SEC. LITIG.

The opinion of the court was delivered by: The Honorable Edward J. Davila United States District Court Judge

CLASS ACTION STIPULATION AND [PRO POSED] ORDER TO MODIFY CASE MANAGEMENT ORDER

This Document Relates To: ALL ACTIONS.

Pursuant to Civil Local Rules 6-2 and 7-12, the parties, Lead Plaintiff Washtenaw County Employees' Retirement System ("Plaintiff") and defendants Celera Corporation, Kathy Ordonez, 3 Joel R. Jung, Ugo DeBlasi and Christopher Hall (collectively, "Defendants"), by and through their 4 undersigned counsel of record, submit the following stipulation and proposed order: 5

WHEREAS, on November 5, 2012, the Court issued a Case Management Order ("CMO") setting forth the schedule that currently governs the discovery deadlines in this case, with the 7 schedule as follows: 8

EVENT DEADLINE Fact Discovery Cutoff September 18, 2013 49 days before Expert Discovery Cutoff Designation of Opening Experts with Reports 28 days before Expert Discovery Cutoff Designation of Rebuttal Experts with Reports Expert Discovery Cutoff October 18, 2013 Deadline(s) for Filing Discovery Motions See Civil Local Rule 37-3 Deadline for Filing Dispositive Motions*fn1 October 25, 2013 Preliminary Pretrial Conference 11:00 a.m. August 23, 2013 Joint Preliminary Pretrial Conference Statement August 14, 2013

WHEREAS, discovery in this action was stayed pursuant to to 15 U.S.C. § 78u-4(b)(3)(B) 18 19 until the Court ruled on Defendants' motion to dismiss on September 4, 2012; 20 WHEREAS, Plaintiff served its First Request for Production of Documents to Defendants ("Request for Documents") on October 12, 2012; 22 WHEREAS, Defendants served their Response to Plaintiff's First Request for Production of Document to Defendants ("Responses and Objections") on November 13, 2012; 24 25 WHEREAS, on November 28, 2012, Plaintiff's counsel and Defendants' predecessor 26 counsel participated in a meet and confer regarding discovery from Defendants and their objections; 27

WHEREAS, on December 17, 2012, Defendants moved this court for substitution of 2 counsel, seeking to replace their predecessor counsel, Morrison and Forester LLP, with Defendants' 3 current counsel, Shearman & Sterling LLP; 4 WHEREAS, on December 18, 2012, this Court granted Defendants' motion for substitution 5 of counsel; 6 WHEREAS, since the substitution of counsel, the parties have worked diligently to proceed 7 with discovery in accordance with the CMO, as set forth in the accompanying Declaration of 8 Stephen D. Hibbard, and over the last two months, counsel for the parties have engaged in extensive 9 discovery negotiations and have significantly narrowed the points of disagreement, such that, to 10 date, no court intervention has been required; 11 WHEREAS, as a result of those discussions, Defendants have begun a systematic rolling 12 production of documents; 13

WHEREAS, based on agreements as to search terms and custodians to date, Defendants 14 estimate they will need to review nearly 1,000,000 documents, potentially totaling several million 15 pages and despite Defendants' best efforts, it is apparent that the actual scope of discovery makes it 16 no longer feasible for the parties to complete fact discovery by the current CMO deadline; 17 WHEREAS, pursuant to Civil L.R. 6-2(a)(2), the following are previous time modifications 18 in this action: (i) July 8, 2010 Order (J. Ware) extending Defendants' time to respond to the 19 Complaint until after the appointment of Lead Plaintiff (Dkt. No. 7); (ii) November 2, 2010 Order 20 (J. Ware) continuing the case management conference from November 15, 2010 to March 7, 2011 21 (Dkt. No. 27); (iii) February 18, 2011 Clerk's Notice continuing the hearing on Defendants' motion 22 to dismiss and the case management conference from March 7, 2011 until March 28, 2011 (Dkt. 23 No. 36); (iv) March 24, 2011 Order (J. Ware) vacating the hearing on Defendants' motion to 24 dismiss and continuing the case management conference, and also setting a schedule for the filing 25 of, briefing of, and hearing on Lead Plaintiff's Second Amended Consolidated Complaint (Dkt. No. 26 40); (v) June 16, 2011 Order (J. Davila) setting a schedule for the filing of, briefing of, and hearing 27 on Lead Plaintiff's Second Amended Consolidated Complaint (Dkt. No. 47); (vi) November 23, 28 2011 Order (J. Davila) continuing the case management conference scheduled for December 2, 2011 (Dkt. No. 61); (vii) September 14, 2012 Order (J. Davila) extending time for Defendants to 2 answer or otherwise respond to the Second Amended Consolidated Complaint (Dkt. No. 67); (viii) 3 October 5, 2012 Order (J. Davila) extending time for the Rule 26(f) Conference and for parties to 4 file their Joint Case Management Statement and the Case Management Conference to November 9, 5 2012 (Dkt. No. 71); (ix) November 7, 2012 Order (J. Davila) extending the deadline for Lead 6 Plaintiff to file a Motion to Strike Defendants' Answer, or portions thereof, to November 29, 2012 7 (Dkt. No. 77); (x) December 17, 2012 Order (J. Davila) extending the deadline to amend Answer 8 without leave of Court to January 7, 2013 (Dkt. No. 80); and (xi) January 7, 2013 Order extending 9 deadline to amend Defendants' answer to January 29, 2013; 10 IT IS HEREBY STIPULATED AND AGREED among the undersigned parties that all 11 deadlines in the November 5, 2012 Case Management Order shall be extended as follows: 12 13

EVENT DEADLINE Fact Discovery Cutoff February 5, 2014 49 days before Expert Discovery Cutoff Designation of Opening Experts with Reports 28 days before Expert Discovery Cutoff Designation of Rebuttal Experts with Reports Expert Discovery Cutoff April 4, 2014

Deadline(s) for Filing Discovery Motions See Civil Local Rule 37-3 Deadline for Filing Dispositive Motions March 11, 2014 11:00 a.m. January 3, 2014 Preliminary Pretrial Conference Joint Preliminary Pretrial Conference Statement December 19, 2013

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.


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