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Gibrall v. Intrexon Corporation, 3:16-cv-02457-RS. (2016)

Court: District Court, N.D. California Number: infdco20160630a77 Visitors: 3
Filed: Jun. 29, 2016
Latest Update: Jun. 29, 2016
Summary: STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT RICHARD SEEBORG , District Judge . WHEREAS, on May 5, 2016, Plaintiffs Patrick M. and Deborah P. Gibrall, individually and on behalf of all others similarly situated, filed a Class Action Complaint for Violations of the Federal Securities Laws ("Complaint") against Intrexon Corporation ("Intrexon") and certain of its current executives, Randal J. Kirk and Rick L. Sterling (collectively, "Defendants"); WHEREAS, on May 3, 2016, a s
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STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT

WHEREAS, on May 5, 2016, Plaintiffs Patrick M. and Deborah P. Gibrall, individually and on behalf of all others similarly situated, filed a Class Action Complaint for Violations of the Federal Securities Laws ("Complaint") against Intrexon Corporation ("Intrexon") and certain of its current executives, Randal J. Kirk and Rick L. Sterling (collectively, "Defendants");

WHEREAS, on May 3, 2016, a substantively similar complaint with the caption Ryan Hoffman v. Intrexon Corp. et al. (Case No. 3:16-cv-02398-RS) (the "Hoffman Action") was filed with the Court;

WHEREAS, Defendants signed and returned waivers of service and Defendants' initial response to the Complaint is currently due on July 11, 2016;

WHEREAS, this action is governed by the provisions of the Private Securities Litigation Reform Act of 1995 ("PSLRA"), 15 U.S.C. §78u-4 et seq., and the parties anticipate that the Court will consolidate the Gibrall and Hoffman actions and will appoint a lead plaintiff, and that the court-appointed lead plaintiff will file a consolidated complaint superseding previously filed complaints, including the Complaint; and

WHEREAS, the parties agree that efficiency for the courts and the parties in proceeding under the PSLRA dictates that responding to any complaint should be deferred in light of the foregoing.

THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the respective parties hereto, that:

1. Defendants shall not be required to, and shall not waive any rights, arguments, or defenses by waiting to answer, move, or otherwise respond to the Complaint in this action.

2. After the appointment of a lead plaintiff pursuant to 15 U.S.C. §78u-4(a)(3)(B), lead plaintiff and Defendants shall promptly meet and confer regarding a schedule for the filing of a consolidated complaint or designation of an operative complaint, and a briefing schedule for Defendants' anticipated motion(s) to dismiss. The parties shall submit a joint stipulation with a proposed schedule no later than ten (10) business days following the appointment of lead plaintiff.

3. This Stipulation is entered into without prejudice to any party seeking any interim relief.

4. Nothing in this Stipulation shall be construed as a waiver of any of Defendants' rights or positions in law or in equity, or as a waiver of any defenses that Defendants would otherwise have, including, without limitation, jurisdictional defenses.

IT IS SO STIPULATED.

ORDER

GOOD CAUSE HAVING BEEN SHOWN, it is hereby ordered that:

1. Defendants shall not be required to, and shall not waive any rights, arguments, or defenses by waiting to answer, move, or otherwise respond to the Complaint in this action.

2. After the appointment of a lead plaintiff pursuant to 15 U.S.C. §78u-4(a)(3)(B), lead plaintiff and Defendants shall promptly meet and confer regarding a schedule for the filing of a consolidated complaint or designation of an operative complaint, and a briefing schedule for Defendants' anticipated motion(s) to dismiss. The parties shall submit a joint stipulation with a proposed schedule no later than ten (10) business days following the appointment of lead plaintiff.

3. This Order is entered into without prejudice to any party seeking any interim relief.

4. Nothing in this Order shall be construed as a waiver of any of Defendants' rights or positions in law or in equity, or as a waiver of any defenses that Defendants would otherwise have, including, without limitation, jurisdictional defenses.

IT IS SO ORDERED.

Source:  Leagle

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