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Mulligan v. Impax Laboratories, Inc.

United States District Court, Ninth Circuit

August 28, 2013

DENIS MULLIGAN, Individually and on Behalf of All Others Similarly Situated, Plaintiff,
v.
IMPAX LABORATORIES, INC., LARRY HSU, ARTHUR A. KOCH and BRYAN M. REASONS, Defendants. HAVERHILL RETIREMENT SYSTEM, Individually and on Behalf of All Others Similarly Situated, Plaintiff,
v.
IMPAX LABORATORIES, INC., LARRY HSU, ARTHUR A. KOCH, and BRYAN M. REASONS, Defendants.

Solomon B. Cera (State Bar No. 99467) GOLD BENNETT CERA & SIDENER LLP, San Francisco, California, Counsel for Boilermaker Blacksmith National Pension Trust and Liaison Counsel for the Class

COHEN MILSTEIN SELLERS & TOLL PLLC Steven J. Toll (admitted pro hac vice) Daniel S. Sommers (admitted pro hac vice) Joshua M. Kolsky (admitted pro hac vice) Washington, D.C.,

Christopher Lometti (admitted pro hac vice) New York, New York, Counsel for the Boilermaker Blacksmith National Pension Trust and Lead Counsel for the Class

LATHAM & WATKINS LLP Peter A. Wald (Bar No. 85705) Marcy C. Priedeman (Bar No. 258505) San Francisco, California,

Patrick E. Gibbs (Bar No. 183174) Menlo Park, California, Counsel for Defendants Impax Laboratories, Inc., Larry Hsu, Arthur A. Koch, and Bryan M. Reasons

STIPULATION AND [PROPOSED] ORDER REGARDING PRETRIAL SCHEDULING

EDWARD M. CHEN, District Judge.

WHEREAS, by Order dated July 2, 2013, the Court consolidated the above-captioned actions, appointed the Boilermaker Blacksmith National Pension Trust as Lead Plaintiff, and approved Cohen Milstein Sellers & Toll PLLC as Lead Counsel, and Gold Bennett Cera & Sidener LLP as liaison counsel;

WHEREAS, by Order dated July 15, 2013, the Court set September 3, 2013 as the deadline for Lead Plaintiff to file a Consolidated Class Action Complaint (the "Consolidated Complaint"); set deadlines for Defendants to answer, move to dismiss, or otherwise respond to the Consolidated Complaint; and set the dates for briefing any such motion to dismiss (ECF No. 56);

WHEREAS, the Court has not previously modified the deadlines set on July 15, 2013;

WHEREAS, Lead Plaintiff has worked earnestly to meet the existing deadline but scheduling issues have required that a brief ten-day modification of the schedule be sought;

WHEREAS, Lead Plaintiff and Defendants Impax Laboratories, Inc., Larry Hsu, Arthur A. Koch, and Bryan M. Reasons ("Defendants"), through their respective counsel, have conferred and agreed to extend the date for Lead Plaintiff to file the Consolidated Complaint by ten days;

WHEREAS, Lead Plaintiff and Defendants, through their respective counsel, have further agreed to extend by ten days the dates for Defendants to answer, move to dismiss, or otherwise respond to the Consolidated Complaint, and the dates for briefing any such motion to dismiss;

WHEREAS, the proposed time modifications would have no effect on the schedule for the case other than as described below;

Accordingly, IT IS HEREBY STIPULATED AND AGREED, by the parties, through their undersigned counsel, subject to Court approval as follows:

1. Lead Plaintiff shall file its Consolidated Complaint by September 13, 2013.

2. Defendants shall file their answers or motions to dismiss the Consolidated Complaint on or before November 14, 2013.

3. Lead Plaintiff shall file its opposition to any motion to dismiss on or before December 30, 2013.

4. Defendants shall file any replies in support of their motion(s) to dismiss on or before January 31, 2014.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.


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