Filed: Mar. 08, 2018
Latest Update: Mar. 08, 2018
Summary: STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND CONTINUING DATE OF HEARING ON PLAINTIFF'S MOTION FOR AN AWARD OF ATTORNEY'S FEES AND EXPENSES EDWARD M. CHEN , Magistrate Judge . Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Anthony Franchi ("Plaintiff") and Defendants Ocera Therapeutics, Inc., Eckard Weber, Linda S. Grais, Willard Dere, Steven P. James, Nina Kjellson, Anne M. VanLent, Wendell Wierenga, MAK LLC, MEH Acquisition Co., and Mallinckrodt PLC ("Defenda
Summary: STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND CONTINUING DATE OF HEARING ON PLAINTIFF'S MOTION FOR AN AWARD OF ATTORNEY'S FEES AND EXPENSES EDWARD M. CHEN , Magistrate Judge . Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Anthony Franchi ("Plaintiff") and Defendants Ocera Therapeutics, Inc., Eckard Weber, Linda S. Grais, Willard Dere, Steven P. James, Nina Kjellson, Anne M. VanLent, Wendell Wierenga, MAK LLC, MEH Acquisition Co., and Mallinckrodt PLC ("Defendan..
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STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND CONTINUING DATE OF HEARING ON PLAINTIFF'S MOTION FOR AN AWARD OF ATTORNEY'S FEES AND EXPENSES
EDWARD M. CHEN, Magistrate Judge.
Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Anthony Franchi ("Plaintiff") and Defendants Ocera Therapeutics, Inc., Eckard Weber, Linda S. Grais, Willard Dere, Steven P. James, Nina Kjellson, Anne M. VanLent, Wendell Wierenga, MAK LLC, MEH Acquisition Co., and Mallinckrodt PLC ("Defendants," and together with Plaintiff, the "Parties"), by and through their undersigned counsel, hereby stipulate to set the briefing schedule and continue the hearing date regarding Plaintiff's Motion for An Award of Attorney's Fees and Expenses (the "Motion") (Dkt. Nos. 12 and 13) in the above-captioned action, as follows:
WHEREAS, this case was filed as a putative class action on November 17, 2017, by Anthony Franchi, a putative stockholder of Ocera Therapeutics, Inc. ("Ocera"), captioned Anthony Franchi v. Ocera Therapeutics, Inc. et al., Case No. 3:17-cv-06636-EMC (the "Action") (Dkt. No. 1), alleging violations of Sections 14(e), 14(d), and 20(a) of the Securities Exchange Act of 1934 and related regulations with respect to disclosures in a Schedule 14D-9 Solicitation/Recommendation Statement (the "Recommendation Statement") soliciting stockholder approval of a merger with Mallinckrodt PLC through its subsidiaries;
WHEREAS, Defendants have not been served in this Action;
WHEREAS, on February 8, 2018, Plaintiff filed a Notice of Voluntary Dismissal of the Action (Dkt. No. 11);
WHEREAS, on February 22, 2018, Plaintiff filed the Motion, and initially noticed the hearing on the Motion for March 29, 2018 at 1:30 p.m. before this Court;
WHEREAS, Defendants intend to oppose the Motion;
WHEREAS, this Action has been voluntarily dismissed and no other motions or deadlines are pending in this Action;
WHEREAS, the Parties agree and respectfully submit that continuing the date of the hearing on the Motion, and resetting the briefing schedule concerning the Motion, would provide the Parties and the Court additional time necessary to adequately address and assess the Motion; and
WHEREAS, the Parties do not seek to stipulate to the following schedule for the purpose of delay;
NOW, THEREFORE, the Parties stipulate and agree, subject to the Court's approval, as follows:
1. Defendants shall file a consolidated brief in opposition to the Motion not to exceed 25 pages on or before March 29, 2018;
2. If Defendants file a brief in opposition to the Motion, Plaintiff shall file his reply brief on or before April 20, 2018;
3. The hearing on the Motion shall take place on May 3, 2018 at 1:30 p.m., or soon thereafter as the Court finds appropriate;
4. Defendants are specially appearing and entering into this Stipulation solely for the limited purpose of agreeing on scheduling with respect to the Motion, and nothing in this Stipulation shall be construed as a waiver of any of Defendants' rights or positions in law or equity, or as a waiver of any defenses that Defendants would otherwise have, including rights and defenses related to the absence of service on Defendants in this Action.
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
ATTORNEY ATTESTATION
I hereby attest, pursuant to Civil Local Rule 5-1(i)(3), that I obtained the concurrence in the filing of this document from the signatories indicated by the conformed signatures (/s/) of Joel E. Elkins and Christin J. Hill.
