September 24, 2013
In re DYNAVAX SECURITIES LITIGATION. This Document Relates To: ALL ACTIONS.
David E. Bower SBN, 119546 FARUQI & FARUQI, LLP, Los Angeles, CA.
Richard W. Gonnello, (admitted pro hac vice) Francis P. McConville (admitted pro hac vice) Megan M. Sullivan, (admitted pro hac vice) FARUQI & FARUQI, LLP, New York, NY. Attorneys for Proposed Lead Plaintiff.
COOLEY LLP John C. Dwyer, Jeffrey M. Kaban, Palo Alto, CA.
COOLEY LLP, Ryan E. Blair, San Diego, CA
COOLEY LLP Kathlyn A. Querubin, San Francisco, CA. Counsel for Defendants Dynavax Technologies Corporation, Dino Dina and J. Tyler Martin.
STIPULATION AND [PROPOSED] ORDER ADJOURNING INITIAL CONFERENCE AND DEADLINES
CHARLES R. BREYER, District Judge.
WHEREAS, on June 18, 2013, Plaintiff Todd Arostegui filed a putative class action complaint (the "Arostegui Action") against Defendants Dynavax Technologies Corporation, Dino Dina, and J. Tyler Martin ("Defendants") for violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (the "Exchange Act");
WHEREAS, on June 18, 2013, the Court issued an order in the Arostegui Action setting certain discovery deadlines and an Initial Case Management Conference for Friday, October 4, 2013 at 8:30 a.m., in Courtroom 6, 17th floor, 450 Golden Gate Avenue, San Francisco, California;
WHEREAS, on June 26, 2013 a similar putative class action complaint was filed in this Court asserting the same or substantially similar claims against defendants, captioned Webb v. Dynavax Technologies Corporation, et al. , Case No. CV-13-2947-EJD;
WHEREAS, on August 19, 2013, Khaled Khalafallah ("Khalafallah") filed a motion seeking appointment as lead plaintiff that was subsequently unopposed by any member of the proposed class;
WHEREAS, on August 22, 2013, the Court entered an order consolidating the above-mentioned actions and setting a schedule for the filing of an amended pleading and responsive motions;
WHEREAS, a hearing on Khalafallah's unopposed motion for appointment as lead plaintiff is set for a hearing before this Court on Friday, September 27, 2013 at 10:00 a.m., in Courtroom 6, 17th floor, 450 Golden Gate Avenue, San Francisco, California;
WHEREAS, Defendants' counsel and Khalafallah's counsel met and conferred via telephone regarding the Court's June 18, 2013 order setting an Initial Case Management Conference and deadlines;
WHERAS, pursuant to 15 U.S.C. § 78u-4(b)(3)(B), the Private Securities Litigation Reform Act of 1995 imposes an automatic stay on discovery for all actions filed under Sections 10(b) and 20(a) of the Exchange Act, whereby all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss, subject to certain exceptions;
WHEREAS, the time set in the Court's August 22, 2013 Order has not yet run for the Court appointed lead plaintiff to file an amended pleading or for Defendants to answer or otherwise respond thereto; and
WHEREAS, the parties believe it is in the interest of judicial economy to adjourn the Initial Case Management Conference pending the appointment of a lead plaintiff, the filing of an amended pleading, and the resolution of any responsive motions;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, and respectfully requested, by and among the respective parties hereto, through their undersigned counsel of record, in the interests of judicial economy, the Court order as follows:
1. The Initial Case Management Conference and the related deadlines set forth in the Court's June 18, 2013 Order are hereby adjourned pending the resolution of any motions to dismiss filed by Defendants, at which time the Court shall set a new date for the Initial Case Management Conference and applicable deadlines.
2. No party is waiving any rights, claims, or defenses of any kind except as expressly stated herein, and the parties reserve the right to seek further extensions of time as circumstances may warrant.
IT IS SO STIPULATED
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 document has been obtained from the signatories.
PURSUANT TO STIPULATION, IT IS SO ORDERED