STIPULATED REQUEST AND ORDER TO CHANGE THE TIME TO FILE MOTION TO DISMISS AND RELATED PAPERS AND TO INCREASE PAGE LIMITS

CHARLES R. BREYER, District Judge.

Pursuant to Civil Local Rules 6-2 and 7-7(b)(2), Lead Plaintiff Khaled Khalafallah ("Lead Plaintiff") and Defendants Dynavax Technologies Corporation ("Dynavax"), Dino Dina ("Dina"), J. Tyler Martin ("Martin"), and Mark Kessel ("Kessel") (collectively, "Defendants" and together with Lead Plaintiff, the "Parties"), by and through their undersigned counsel, respectfully stipulate and agree, subject to Court approval, to change the deadlines to file Defendants' Motion to Dismiss and Lead Plaintiff's response thereto. In support of this stipulation, the Parties state as follows:

RECITALS

WHEREAS, on August 22, 2013, the Parties agreed to consolidate the matters, to postpone Defendants' response until after a Consolidated Class Action Complaint ("Consolidated Complaint") is filed, and to set a briefing schedule for the Consolidated Complaint and Defendants' response thereto (Dkt. No. 24);

WHEREAS on September 27, 2013, this Court appointed Lead Plaintiff (Dkt. No. 39);

WHEREAS, on November 12, 2013, Lead Plaintiff filed his Consolidated Complaint (Dkt. No. 47);

WHEREAS, pursuant to the briefing schedule entered on August 22, 2013, Defendants Dynavax, Dina, and Martin's Motion to Dismiss the Consolidated Complaint ("Motion to Dismiss") is currently due on December 27, 2013;

WHEREAS, the Consolidated Complaint names a new defendant, Mark Kessel;

WHEREAS, counsel for Defendants have agreed to waive service on behalf of Mr. Kessel;

WHEREAS, as a result of the waiver of service under Fed. R. Civ. P. 4(d)(3), Mr. Kessel's response to the Consolidated Complaint is not due until January 20, 2013;

WHEREAS, for purposes of judicial efficiency, the Parties agree that there should be a single date by which all Defendants respond to the Consolidated Complaint;

WHEREAS, as a result of the holidays and the naming of the new defendant, Defendants seek an extension to January 10, 2014 to file their Motion to Dismiss;

WHEREAS, the Parties met and conferred and Lead Plaintiff agrees to the extension;

WHEREAS, the Parties met and conferred and agreed to extend the date for Lead Plaintiff's opposition by fourteen days to March 10, 2014, and to extend the date for Defendants' reply brief by 10 days to April 9, 2014;

WHEREAS, adjusting the briefing schedule as requested by the Parties will not affect any other dates or deadlines in this matter;

WHEREAS, Civil Local Rule 7-2(b) provides that memoranda of points and authorities may not exceed 25 pages, but this Court's Standing Order provides that any such memoranda may not exceed 15 pages;

WHEREAS, given the length of the Consolidated Complaint, which spans 183 paragraphs over 67 pages, the scope of the putative class period, and the legal issues that must be addressed, the 15-page limit would prevent the Parties from adequately setting forth their arguments in support of and in opposition to the Defendants' Motion to Dismiss; and

WHEREAS, counsel for the Parties met and conferred to discuss page limits for the briefing of the Motion to Dismiss, and agreed that the page limits for both Defendants' opening brief in support of and Lead Plaintiff's opposition to the Motion to Dismiss should be increased to 25 pages.

STIPULATION

NOW, THEREFORE, the Parties stipulate, subject to Court approval, as follows:

1. The briefing schedule for the Motion to Dismiss and related papers be amended as follows:

2. Defendants' opening brief in support of their Motion to Dismiss shall not exceed 25 pages in length;

3. Lead Plaintiff's opposition to Defendants' Motion to Dismiss shall not exceed 25 pages in length;

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 signatory.

ORDER

Pursuant to the foregoing stipulation, and good cause appearing, IT IS SO ORDERED.

IT IS SO ORDERED.