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Mulligan v. Impax Laboratories, Inc.

United States District Court, N.D. California, San Francisco Division

February 20, 2014

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

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, Attorneys for Defendants, IMPAX LABORATORIES, INC., LARRY HSU and ARTHUR A. KOCH.

GOLD BENNETT CERA & SIDENER LLP, Solomon B. Cera, Counsel for the 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, and Patrick E. Gibbs (Bar No. 183174), Menlo Park, California, Counsel for Defendants Impax Laboratories, Inc., Larry Hsu, and Arthur A. Koch.

STIPULATED REQUEST AND [PROPOSED] ORDER REGARDING DATE OF MOTION HEARING FOR DEFENDANTS' MOTION TO DISMISS AND INITIAL CASE MANAGEMENT CONFERENCE

STIPULATED REQUEST AND [PROPOSED] ORDER

EDWARD M. CHEN, District Judge.

Defendants Impax Laboratories, Inc., Larry Hsu, and Arthur A. Koch, by and through their respective counsel, (collectively, "Defendants"), and Lead Plaintiff Boilermaker Blacksmith National Pension Trust, by and through its respective counsel ("Lead Plaintiff"), hereby stipulate to the following:

WHEREAS, on March 7, 2013, Plaintiff Denis Mulligan, individually and on behalf of all others similarly situated, filed a complaint captioned Denis Mulligan v. Impax Laboratories, Inc. et al., No. 13-cv-01037, a putative class action under the Private Securities Litigation Reform Act of 1995 (the "PSLRA") alleging securities fraud (the " Mulligan matter");

WHEREAS, pursuant to the March 7, 2013 Case Management Conference Order, the Initial Case Management Conference for the Mulligan matter was initially scheduled for June 6, 2013;

WHEREAS, on April 8, 2013, Plaintiff Haverhill Retirement Center, individually and on behalf of all others similarly situated, filed a complaint captioned Haverhill Retirement System v. Impax Laboratories, Inc. et al., No. 13-cv-01566, also a putative class action under the PSLRA alleging securities fraud (the " Haverhill matter").

WHEREAS, pursuant to the April 8, 2013 Case Management Conference Order, the Initial Case Management Conference for the Haverhill matter was initially scheduled for July 12, 2013;

WHEREAS, on April 19, 2013, and April 22, 2013, Plaintiffs Haverhill and Mulligan, respectively, stipulated with Defendants to continue the Initial Case Management Conferences in their respective matters until after the Defendants filed an answer, which would follow any ruling on Defendants' motion to dismiss (the Mulligan matter, Dkt. #15 ¶ 9; the Haverhill matter, Dkt. #16 ¶ 9);

WHEREAS, pursuant to those stipulations, on April 25, 2013, the Court reset the respective Initial Case Management Conferences for November 7, 2013 (the Mulligan matter, Dkt. #15; the Haverhill matter, Dkt. #16);

WHEREAS, on July 2, 2013, the Court consolidated the Mulligan and Haverhill matters and appointed Boilermaker Blacksmith National Pension Trust as Lead Plaintiff (Dkt. #53);

WHEREAS on August 28, 2013, the Court scheduled a Motion Hearing on Defendants' Motion to Dismiss for February 20, 2014, at 1:30 p.m. (Dkt. #62);

WHEREAS, on September 18, 2013, Lead Plaintiff and Defendants stipulated to continue the Initial Case Management Conferences until after Defendants' Motion to Dismiss has been adjudicated (Dkt. #64);

WHEREAS, pursuant to the September 18, 2013 stipulation, on September 20, 2013, the Court reset the Initial Case Management Conference for February 20, 2014 (Dkt. #65);

WHEREAS, on February 12, 2014, the Court reset the Motion to Dismiss Hearing and Initial Case Management Conference for March 6, 2014 (Dkt. #76);

WHEREAS counsel for Defendants has a scheduling conflict on March 6, 2014;

WHEREAS the parties agreed that March 13, 2014, at 1:30 p.m. is a mutually convenient date for the Motion Hearing;

WHEREAS, in order to avoid the unnecessary expenditure of the Court's and parties' resources prior to the ruling on Defendants' Motion to Dismiss, the parties agree to continue the Initial Case Management Conference until after Defendants' Motion to Dismiss has been adjudicated; and

WHEREAS, this Stipulation and Order is without prejudice to, or waiver of, any rights, arguments, or defenses otherwise available to the parties to this action.

NOW THEREFORE, the undersigned parties, by and through their counsel of record, stipulate and agree, subject to the Court's approval, as follows:

1. The Motion Hearing set for March 6, 2014, at 1:30 p.m. shall be continued to March 13, 2014, at 1:30 p.m.; and

2. The Initial Case Management Conference, currently scheduled for March 6, 2014, is continued to a date and time to be determined after the Court rules on Defendants' motion to dismiss.

IT IS SO STIPULATED.

PURSUANT TO STIPULATION, IT IS SO ORDERED.


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