JOINT STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING AND HEARING SCHEDULE FOR GILEAD'S MOTIONS TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT

JON S. TIGAR, District Judge.

Pursuant to Northern District of California Civil Local Rule 6-2 and 7-12, Plaintiffs and Defendant Gilead Sciences Inc. ("Gilead") (together, the "Parties"), by and through their respective undersigned counsel of record, submit the following stipulation and proposed order:

WHEREAS, Plaintiffs filed their First Amended Complaint ("FAC") on May 31, 2019;

WHEREAS, on June 5, 2019, the Parties submitted a Joint Stipulation and [Proposed] Order extending Gilead's time to respond to the FAC to July 10, 2019;

WHEREAS, on June 7, 2019, the Court entered the parties' stipulation extending Gilead's time to respond to the FAC to July 10, 2019;

WHEREAS, on July 10, 2019, Gilead filed: (1) a motion to dismiss Plaintiff's FAC for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1); (2) a motion to dismiss Plaintiffs' FAC pursuant to Fed. R. Civ. P. 8(a), 9(b), and 12(b)(6); and (3) a request for judicial notice;

WHEREAS, Plaintiffs' current deadline to oppose these motions is July 24, 2019;

WHEREAS, Gilead's current deadline to file replies in further support of these motions is July 31, 2019;

WHEREAS, Gilead's motions are currently set to be heard on August 22, 2019;

WHEREAS, in light of the fact that Gilead filed multiple motions to dismiss the FAC, the Parties' schedules, and Gilead received a 26-day extension to respond to the FAC, the Parties have agreed to extend Plaintiffs' time to oppose Gilead's motions to August 12, 2019, and Gilead's time to file replies in further support of its motions to August 30, 2019, and to continue the hearing on Gilead's motions to September 12, 2019;

WHEREAS, extending the motions to dismiss briefing and hearing schedule in this manner will not affect any other Court-ordered deadlines; and

WHEREAS, this is the Parties' first request for an extension of time to file oppositions and replies to Gilead's motions to dismiss the FAC.

THEREOFRE, IT IS HEREBY STIPULATED AND AGREED by Plaintiffs and Gilead, that:

1. Plaintiffs' oppositions to Gilead's motions to dismiss the FAC shall be due on August 12, 2019;

2. Gilead's replies in further support of its motions to dismiss the FAC shall be due on August 30, 2019; and

3. The hearing on the motions shall be set for September 12, 2019, at 2:00 p.m., or at a date and time thereafter that is convenient for the Court.

IT IS SO STIPULATED.

Attestation Pursuant to Civil Local Rule 5-1(i)(3)

I, Steve W. Berman, am the ECF user whose identification and password are being used to file the foregoing document. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that concurrence in the filing of this document has been obtained from each of the other signatories.

[PROPOSED] ORDER

Pursuant to the Joint Stipulation and [Proposed] Order Modifying Briefing and Hearing Schedule for Gilead's Motions to Dismiss Plaintiffs' First Amended Complaint, the Court hereby ORDERS that:

IT IS SO ORDERED.