UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Transcription

1 Case 2:13-cv LDG-CWH Document 13 Filed 04/29/13 Page 1 of 9 THE O MARA LAW FIRM, P.C. WILLIAM M. O MARA (Nevada Bar No DAVID C. O MARA (Nevada Bar No East Liberty Street Reno, NV Telephone: 775/ / (fax ROBBINS GELLER RUDMAN & DOWD LLP DARREN J. ROBBINS DAVID C. WALTON BRIAN O. O MARA (Nevada Bar No West Broadway, Suite 1900 San Diego, CA Telephone: 619/ / (fax Attorneys for Plaintiffs [Additional counsel appear on signature page.] UNITED STATES DISTRICT COURT DISTRICT OF NEVADA JOHN PERRY and JUDITH GREENBERG, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, vs. SPECTRUM PHARMACEUTICALS, INC., et al., Defendants. Case No. 2 :3-cv-0433-LD-CWH: 1 3-cv G MN-NJK CLASS ACTION STIPULATION AND ORDER [POPOSED] ORDER CONSOLIDATING RELATED ACTIONS, SETTING BRIEFING SCHEDULE AND CONTINUING DATE ON WHICH DEFENDANTS RESPONSIVE PLEADING IS DUE [Caption continued on following page.]

2 Case 2:13-cv LDG-CWH Document 13 Filed 04/29/13 Page 2 of 9 JUNQIAN CARROLL, Individually and on Behalf of All Others Similarly Situated, Plaintiff, vs. SPECTRUM PHARMACEUTICALS, INC., et al., Defendants. GARY SANTI, Individually and on Behalf of All Others Similarly Situated, Plaintiff, vs. SPECTRUM PHARMACEUTICALS, INC., et al., Defendants. Case No. 2:13-cv CLASS ACTION Case No. 2 : 133-cv GMN-NJK CLASS ACTION

3 Case 2:13-cv LDG-CWH Document 13 Filed 04/29/13 Page 3 of 9 WHEREAS, on March 14, 2013, John Perry and Judith Greenberg ( Plaintiffs, individually and on behalf of all others similarly situated, filed a class action complaint captioned, Perry, et al. v. Spectrum Pharms., Inc., et al., No. 2:13-cv (D. Nev. (the Perry Action against defendants Spectrum Pharmaceuticals, Inc. ( Spectrum or the Company and certain officers of the Company (collectively, Defendants, alleging violations of the federal securities laws; WHEREAS, on March 22, 2013, Junqian Carroll, individually and on behalf of all others similarly situated, filed a class action complaint captioned, Carroll v. Spectrum Pharms., Inc., et al., No. 2:13-cv (D. Nev. (the Carroll Action against Defendants alleging violations of the federal securities laws; WHEREAS, on March 22, 2013, Gary Santi, individually and on behalf of all others similarly situated, filed a class action complaint captioned, Santi v. Spectrum Pharms., Inc., et al., No. 2:13-cv (D. Nev. (the Santi Action against Defendants alleging violations of the federal securities laws; WHEREAS, the parties agree that the Perry Action, the Carroll Action and the Santi Action (collectively, the Related Spectrum Actions are substantially identical because each alleges claims for violations of 10(b and 20(a of the Securities Exchange Act of 1934 ( Exchange Act, 15 U.S.C. 78j(b and 78t(a, and Securities and Exchange Commission ( SEC Rule 10b-5 promulgated thereunder, 17 C.F.R b-5, and are based upon similar factual allegations against similar defendants; WHEREAS, the Related Spectrum Actions are subject to the procedural requirements of the Private Securities Litigation Reform Act of 1995 ( PSLRA, Pub. L. No , 109 Stat. 737, 15 U.S.C. 78u-4, which contemplates: (i consolidation of similar actions; and (ii the filing of a single - 1 -

4 Case 2:13-cv LDG-CWH Document 13 Filed 04/29/13 Page 4 of 9 consolidated complaint after the Court consolidates related cases and appoints lead plaintiff or plaintiffs. WHEREAS counsel for Defendants is authorized and has agreed to accept service on behalf of those defendants who have not yet been served; WHEREAS the parties anticipate that additional complaints arising from the same events that allegedly gave rise to the Related Spectrum Action may be filed and related to and/or consolidated with this action; WHEREAS, on March 14, 2013, less than 20 days after the filing of the first-filed Perry Action, pursuant to 15 U.S.C. 78u-4(a(3(A(i, plaintiff caused a notice to be published on Business Wire, a widely circulated national business-oriented wire service, advising members of the purported class of, inter alia: (1 the pendency of the action; (2 the claims asserted therein; (3 the purported class period; and (4 that, not later than 60 days after the date on which the notice was published, any member of the purported class had the right to move the Court to serve as lead plaintiff of the class; WHEREAS, the time period in which class members may move to be appointed lead plaintiff herein under 15 U.S.C. 78u-4(a(3(A and (B expires on May 13, 2013; WHEREAS, pursuant to 15 U.S.C. 78u-4(a(3(B the Court must appoint a lead plaintiff; WHEREAS, it is anticipated that the Court-appointed lead plaintiff will file a consolidated complaint superseding previously filed complaints, including the complaint filed in the Related Spectrum Actions; WHEREAS, the parties who have thus far retained counsel 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; and - 2 -

5 Case 2:13-cv LDG-CWH Document 13 Filed 04/29/13 Page 5 of 9 WHEREAS, because no scheduling order has been entered, the extension of time stipulated to herein will not affect any other scheduled dates. NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the respective parties hereto, through their undersigned counsel of record, in the interests of judicial economy, and respectfully request that the Court order as follows: 1. The following actions are consolidated for all purposes including, but not limited to, discovery, pretrial proceedings and trial proceedings, pursuant to Rule 42(a of the Federal Rules of Civil Procedure: Abbreviated Case Name Perry, et al. v. Spectrum Pharms., Inc., et al. Carroll v. Spectrum Pharms., Inc., et al. Santi v. Spectrum Pharms., Inc., et al. Case Number 2:13-cv :13-cv :13-cv Date Filed March 14, 2013 March 22, 2013 March 22, 2013 Any other actions involving similar parties and claims subsequently filed and accepted as related to the Related Spectrum Actions shall also be consolidated. 2. 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 complaints filed in the Related Spectrum Actions until after the appointment of a lead plaintiff pursuant to 15 U.S.C. 78u- 4(a(3(B and after the filing by such lead plaintiff of a consolidated complaint; 3. Lead plaintiff shall file a consolidated complaint no later than 60 days after entry of an order appointing lead plaintiff pursuant to 21D(a(3(B, 15 U.S.C. 78u-4 of the Exchange Act; - 3 -

6 Case 2:13-cv LDG-CWH Document 13 Filed 04/29/13 Page 6 of 9 4. The time for Defendants to answer, move or otherwise respond to the consolidated complaint shall be 60 days from filing of such lead plaintiff s consolidated complaint; In the event Defendants file a motion to dismiss the consolidated complaint, lead plaintiff shall have 60 days from filing of such motion in which to file papers in opposition to the motion. Defendants shall have 30 days from the filing of lead plaintiff s opposition papers in which to file reply papers; and 6. This Stipulation is entered into without prejudice to any party seeking any interim relief. IT IS SO STIPULATED. DATED: April 10, 2013 Respectfully submitted, ROBBINS GELLER RUDMAN & DOWD LLP DARREN J. ROBBINS DAVID C. WALTON BRIAN O. O MARA BRIAN O. O MARA 655 West Broadway, Suite 1900 San Diego, CA Telephone: 619/ / (fax THE O MARA LAW FIRM, P.C. WILLIAM M. O MARA DAVID C. O MARA 311 East Liberty Street Reno, NV Telephone: 775/ / (fax - 4 -

7 Case 2:13-cv LDG-CWH Document 13 Filed 04/29/13 Page 7 of 9 ROBBINS GELLER RUDMAN & DOWD LLP SAMUEL H. RUDMAN 58 South Service Road, Suite 200 Melville, NY Telephone: 631/ / (fax LAW OFFICES OF CURTIS V. TRINKO, LLP CURTIS V. TRINKO 16 West 46th Street, 7th Floor New York,NY Telephone: 212/ / (fax Attorneys for Plaintiffs John Perry and Judith Greenberg DATED: April $2013 THE O'MARA LAW FIRM, P.C. WILLIAM M. O'MARA DAVID C. O'MARA V1D CO' 311 East Liberty Street Reno, NV Telephone: 775/ / (fax GLANCY BINKOW & GOLDBERG LLP LIONEL Z.GLANCY MICHAEL GOLDBERG ROBERT V. PRONGAY CASEY E. SADLER 1925 Century Park East, Suite 2100 Los Angeles, CA Telephone: 310/ / (fax Attorneys for Plaintiff Junqian Carroll 27493I -5-

8 Case 2:13-cv LDG-CWH Document 13 Filed 04/29/13 Page 8 of 9 DATED:q-/ j COOK SBY, TOOLEN, GAGE, DUFFY & WOOG, P.C. GRIFFITH H. HAYES ANDREW R. MUEHLBAUER GRIFFITH H. HAYES 3930 Howard Hughes Parkway, Suite 200 Las Vegas, NV Telephone: 702/ / (fax POMERANTZ GROSSMAN HUFFORD DAHLSTROM & GROSS LLP MARK L GROSS JEREMY A. LIEBERMAN 600 Third Avenue, 20th Floor New York, New York Telephone: 212/ (fax POMERANTZ GROSSMAN HUFFORD DAHLSTROM & GROSS LLP PATRICK V. DAHLSTROM Ten South LaSalle Street, Suite 3505 Chicago, IL Telephone: 312/ / DATED: VIAV, ~ Attorneys for Plaintiff Gary Santi STRADL]NG YOCCA CARLSON & RAUTII, P.C. JASON DE BRETTEVILLE JASON DE BRETTEVILLE 660 Newport Cuter Drive Suite 1600 Newport Beach, CA Telephone: 949/ / (fax Attorneys for Defendants _I

9 Case 2:13-cv LDG-CWH Document 13 Filed 04/29/13 Page 9 of 9 DATED: April Ll 2013 BROWNSTEIN HYATT FARBER SCHRECK, LLP KURK B. LENHARD KIRK B. LENHA.D 100 North City Parkway Suite 1600 Las Vegas, NV 8906 Telephone: / (fax Attorneys for Defendants * * * * * IT IS SO ORDERED this 29th day of April, 2013 Gloria Iv. Navarro United States District Judge