STIPULATION AND ORDER TO STAY ADR DEADLINES, AND VACATE INITIAL CASE MANAGEMENT CONFERENCE

WILLIAM H. ORRICK, District Judge.

WHEREAS, Plaintiff Kevin Ohren filed his complaint in this securities class action on April 20, 2017;

WHEREAS, the Court issued an Initial Case Management Scheduling Order (the "Order") with ADR Deadlines on April 20, 2017 (see ECF 7);

WHEREAS, the Order required the parties to meet and confer regarding initial disclosures, early settlement, ADR process selection, and discovery plan by July 18, 2017;

WHEREAS, the Order required the parties to file a Joint ADR Certification with Stipulation to ADR Process or Notice of Need for ADR Phone Conference by July 18, 2017;

WHEREAS, the Order states that the last day to complete initial disclosures or state objections in the Rule 26(f) Report, file the Case Management Statement and file/serve the Rule 26(f) report is August 1, 2017;

WHEREAS, the Initial Case Management Conference is scheduled for August 8, 2017 at 2:00 p.m.;

WHEREAS, pursuant to the Securities Exchange Act of 1934 (as amended by the Private Securities Litigation Reform Act of 1995) (see 15 U.S.C. § 78u-4(a)(3)(i)(II)) and Civ.L.R. 23(b), on June 19, 2017, Robert E. Lapp ("Lapp"), individually, and Daniel Wheeless and Prettam Modur, as a group, filed competing motions for appointment as lead plaintiff and approval of selection of counsel, and a hearing on the motion is set for August 9, 2017 (see ECF 11, 15);

WHEREAS, Daniel Wheeless and Prettam Modur noticed their non-opposition to Movant Lapp's motion for appointment as lead plaintiff and approval of selection of counsel on June 28, 2017 (see ECF 17), and therefore, the parties anticipate the Court will appoint Movant Lapp as the lead plaintiff;

WHERAS, following appointment of lead plaintiff, an Amended Complaint will be filed and Defendants Amyris, Inc., John G. Melo, and Kathleen Valiasek ("Defendants") anticipate that they will likely move to dismiss said Amended Complaint;

WHEREAS, the filing of a motion to dismiss the Amended Complaint will require the lead plaintiff to file an opposition, which, in turn, will necessitate a reply from Defendants;

WHEREAS, pursuant to the terms of the Securities Exchange Act (as amended by the PSLRA) (see 15 U.S.C. § 78u-4(b)(3)(B)), all discovery is currently stayed pending resolution of any motion to dismiss filed by Defendants;

WHEREAS, Movant Lapp and Defendants, through counsel, have conferred and agree that the deadlines set forth in the Order should be stayed pending the Court's disposition of Defendants' anticipated motion to dismiss; and

WHEREAS, the parties also agree that the initial case management conference, now set to occur before the hearing on the appointment of the lead plaintiff, should be vacated;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, SUBJECT TO APPROVAL BY THIS COURT, by these parties, through counsel, as follows:

1. The deadline to meet and confer regarding initial disclosures, early settlement, ADR process selection, and discovery plan is stayed until the Court's disposition of the Defendants' anticipated motion to dismiss;

2. The deadline to file a Joint ADR Certification with Stipulation to ADR Process or Notice of Need for ADR Phone Conference is stayed until the Court's disposition of the Defendants' anticipated motion to dismiss;

3. The deadline to complete initial disclosures or state objections in the Rule 26(f) Report, file the Case Management Statement, and file/serve the Rule 26(f) report is stayed until the Court's disposition of Defendants' anticipated motion to dismiss;

4. The initial case management conference, currently scheduled for August 8, 2017 is vacated.

SO STIPULATED.

ATTESTATION

I, Rosemary M. Rivas, am the ECF User whose identification and password are being used to file this Stipulation and [Proposed] Order to Stay ADR Deadlines and Vacate Initial Case Management Conference. In compliance with Local Rule 5-1(i)(3), I hereby attest that counsel for Defendants, Michael D. Celio, concurs in this filing.

PROPOSED ORDER

Based on the parties' stipulation and the good cause described therein, the Court GRANTS the stipulation. The deadline to meet and confer regarding initial disclosures, early settlement, ADR process selection, and discovery plan; and the deadline to file a Joint ADR Certification with Stipulation to ADR Process or Notice of Need for ADR Phone Conference; and the deadline to complete initial disclosures or state objections in the Rule 26(f) Report, file the Case Management Statement and file/serve the Rule 26(f) report, are stayed until the Court's disposition of the Defendants' anticipated motion to dismiss. The initial case management conference, currently scheduled for August 8, 2017 is vacated.

IT IS SO ORDERED.