STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT AND RESCHEDULE CASE MANAGEMENT CONFERENCE

HAYWOOD S. GILLIAM, Jr., District Judge.

Pursuant to Civil Local Rules 6-1, 6-2, and 7-12 Plaintiff Deborah A. Fieser ("Plaintiff") and Defendants W. Denman Van Ness, William K. Bowes, Jr., Peter Barton Hutt, Joseph M. Limber, Kelvin M. Neu, Patrick J. Scannon, John Varian, Timothy P. Walbert, Paul D. Rubin, Jack L. Wyszomierski, and Nominal Defendant XOMA Corporation (collectively, "Defendants"), by and through their respective counsel, hereby agree and stipulate that good cause exists to request an order from the Court extending Defendants' deadline to respond to the Complaint until April 4, 2016 and rescheduling the initial Case Management Conference currently set in this action for March 22, 2016 to May 10, 2016, and to adjust accordingly the related deadlines set forth therein.

WHEREAS, Joseph Markette filed a securities class action lawsuit against XOMA, John Varian, and Paul Rubin relating to XOMA's EYEGUARD-B study in the United States Court for the Northern District of California, captioned Markette v. XOMA Corp., et. al., 3:15-CV-3425-HSG, on July 24, 2015;

WHEREAS, Plaintiff Deborah A. Fieser filed this related shareholder derivative action, captioned Fieser v. W. Denman Van Ness, et. cal., Case No. 4:15-CV-05236, on November 16, 2015 ("Fieser Complaint");

WHEREAS, on January 11, 2016, Magistrate Judge Kandis A. Westmore entered an order extending Defendants' time to respond to the Fieser Complaint from January 19, 2016 to February 19, 2016 and rescheduling the case management conference to March 22, 2016;

WHEREAS, on January 12, 2016, Judge Westmore referred this action to this Court to determine whether it should be related to Markette v. XOMA Corp., et. al.;

WHEREAS, on January 25, 2016, this Court entered an order relating this action to Markette v. XOMA Corp., et. al., and reassigning it to Judge Haywood S. Gilliam;

WHEREAS, in an effort to avoid duplication of effort and maximize judicial economy, the parties have been discussing various case management procedures, including a potential stay of this action pending further developments in Markette v. XOMA Corp., et. al., but have yet to reach agreement;

WHEREAS, in order to conserve party and Court resources, Plaintiff and Defendants agree to extend Defendants' deadline to respond to the Fieser Complaint to April 4, 2016 to provide the parties with additional time to reach agreement regarding case management procedures, including a potential stay of this action;

WHEREAS Plaintiff and Defendants further agree that the initial Case Management Conference should be rescheduled for May 10, 2016 and that all associated deadlines (including ADR deadlines) be rescheduled accordingly.

WHEREAS this stipulation shall not be deemed a waiver of any rights or defenses by any party, including, but not limited to, the right of the Defendants to raise personal and subject matter jurisdiction issues or to file any motions to dismiss or motions, the right to object to any discovery requests on any grounds, and this stipulation shall in no way constitute an appearance for the purpose of personal jurisdiction over any party;

NOW THEREFORE, THE FOLLOWING IS HEREBY STIPULATED by and between the parties, through their respective counsel:

IT IS SO STIPULATED.

PURSUANT TO STIPULATION, IT IS SO ORDERED