December 24, 2013
TRICIA M. BARTELT, Individually and on Behalf of All Others Similarly Situated, Plaintiff,
AFFYMAX, INC., JOHN A. ORWIN, HERBERT C. CROSS, ANNE-MARIE DULIEGE, JEFFREY H. KNAPP, Defendants.
COOLEY LLP, JOHN C. DWYER (136533), JEFFREY M. KABAN (235743), RITESH K. SRIVASTAVA (246477), JACQUELINE B. KORT (284370), Palo Alto, CA, ATTORNEYS FOR DEFENDANTS AFFYMAX, INC., JOHN A. ORWIN, HERBERT C. CROSS, ANNE-MARIE DULIEGE, AND JEFFREY H. KNAPP.
POMERANTZ GROSSMAN HUFFORD DAHLSTROM & GROSS LLP, Patrick V. Dahlstrom, Leigh Handelman Smollar, Mark. B. Goldstein, Chicago, Illinois, Marc I. Gross, Jeremy A. Lieberman, Lesley F. Portnoy, New York, New York, Lead Counsel for Lead Plaintiff.
STIPULATION AND ORDER CONTINUING THE CASE MANAGEMENT CONFERENCE
WILLIAM H. ORRICK, District Judge.
Plaintiffs and the Defendants in this action hereby stipulate as follows:
WHEREAS, on May 17, 2013, the Court issued an order setting forth the schedule for the filing of a consolidated amended complaint in this case and any responses thereto (Dkt. 37);
WHEREAS, pursuant to the Court's order setting the schedule (Dkt. 37), Plaintiffs filed a Consolidated Amended Class Action Complaint ("Consolidated Amended Complaint") on July 22, 2013; Defendants filed a Motion to Dismiss the Consolidated Amended Complaint ("Motion to Dismiss") on September 20, 2013; Plaintiffs filed an Opposition to the Motion to Dismiss on November 19, 2013; and Defendants filed a Reply in Support of the Motion to Dismiss on December 19, 2013;
WHEREAS, the hearing on Defendants' Motion to Dismiss is scheduled for January 15, 2014;
WHEREAS, on December 3, 2013, the Court set a Case Management Conference to be conducted on January 15, 2014, immediately following the motions hearing and the Court also ordered the parties to submit a Case Management Statement by January 8, 2014 (Dkt. 57);
WHEREAS, this matter is a class action under the federal securities laws and subject to the Private Securities Litigation Reform Act of 1995 (PSLRA);
WHEREAS, pursuant to the PSLRA, all discovery in this case is stayed until the Court rules on the sufficiency of the Consolidated Amended Complaint (15 U.S.C. §78u-4(b)(3)(B));
WHEREAS, the parties agree and respectfully submit that a case management conference would be premature and not benefit the Court or the parties at this time because discovery is stayed and Defendants' Motion to Dismiss is pending;
NOW, THEREFORE, the parties jointly request that the Court take the Case Management Conference off calendar and that it be rescheduled, if necessary, after the discovery stay is lifted, and further, the Case Management Statement due on January 8, 2014 be deferred until one week prior to any Case Management Conference that may be scheduled.
IT IS SO STIPULATED.
Pursuant to the stipulation of the parties, the January 15, 2014, Case Management Conference is hereby taken off-calendar, to be rescheduled, if necessary, following the lifting of the discovery stay. No Case Management Statement is currently due.
IT IS SO ORDERED.