The opinion
ROBERT S. CLARK (CBN 93634) BRIAN M. BOYNTON
rclark@parrbrown.com
Acting Assistant Attorney General
PARR BROWN GEE & LOVELESS, P.C.
ELIZABETH J. SHAPIRO
101 South 200 East, Suite 700
Deputy Director, Federal Programs Branch
Salt Lake City, Utah 84111
ALEXANDRA R. SASLAW (DC Bar 1618175)
Telephone: (801) 532-7840
Trial Attorney
United States Department of Justice
CHAD S. PEHRSON (CBN 261829)
Civil Division, Federal Programs Branch
cpehrson@kba.law
P.O. Box 883
KUNZLER BEAN & ADAMSON, P.C.
Washington, DC 20044
4225 Executive Square, Suite 600
Phone: (202) 514-4520
La Jolla, California 92037
alexandra.r.saslaw@usdoj.gov
619-371-5511
Attorneys for Defendants
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
BIOSCIENCE ADVISORS, INC., Civil Action No. 4:21-CV-0866-HSG
Plaintiff, STIPULATION AND ORDER RE
v. AMENDMENT AND BRIEFING
SCHEDULE (as modified)
UNITED STATES SECURITIES AND
EXCHANGE COMMISSION, et al.,
Defendants.
Plaintiff and Defendants (“Parties”), by and through undersigned counsel, hereby submit the
following Stipulation.
Defendants’ Partial Motion to Dismiss is currently pending and is scheduled to be heard on
July 22, 2021. Plaintiff and Defendants have agreed that, subject to this Court’s approval, Plaintiff
shall submit an amended complaint on or before May 24, 2021. Plaintiff anticipates that the
amended complaint will render Defendants’ Partial Motion to Dismiss moot, and that Defendants
may then elect to file a renewed motion, which will be responded to in the normal course. Plaintiff
and Defendants have further agreed that Defendants may have until June 14, 2021, to file such
motion. Alternatively, if Defendants notify Plaintiff by June 14, 2021 that they believe their current
1 Motion remains applicable to the Amended Complaint, then Plaintiff shall file an opposition brief
2 on or before June 28, 2021.
3
IT IS SO STIPULATED THIS 14TH DAY OF MAY, 2021:
4
KUNZLER BEAN & ADAMSON, PC BRIAN M. BOYNTON
5
Acting Assistant Attorney General
6 /s Chad S. Pehrson Civil Division
Chad S. Pehrson
7 KUNZLER BEAN & ADAMSON, P.C. ELIZABETH J. SHAPIRO
4225 Executive Square, Suite 600 Deputy Director, Federal Programs Branch
8 La Jolla, California 92037
619-371-5511 s/ Alexandra R. Saslaw____
9
cpehrson@kba.law ALEXANDRA R. SASLAW
10 Trial Attorney
United States Department of Justice
11 PARR BROWN GEE & LOVELESS Civil Division, Federal Programs Branch
Robert S. Clark P.O. Box 883
12 101 South 200 East, Suite 700 Washington, DC 20044
Salt Lake City, Utah 84111 Phone: (202) 514-4520
13 Telephone: (801) 532-7840 alexandra.r.saslaw@usdoj.gov
rclark@parrbrown.com
14
Attorneys for Defendants
15 Attorneys for Plaintiff
16
17
18
19
20
21
22
23
24
25
26
27
1 ORDER
2 Pursuant to Stipulation, it is ORDERED that:
3 1. Plaintiffs time to file an Amended Complaint is extended to May 24, 2021.
4 2. Defendants’ time to file any motion to dismiss the Amended Compliant is extended to
5 June 14, 2021.
° 3. Inthe event that Defendants notify Plaintiff that they believe their pending Partial
Motion to Dismiss remains applicable to the Amended Complaint, Plaintiff shall file its
9 opposition brief on or before June 28, 2021.
10 In light of this order, the Court further DISCHARGES the Order to Show Cause. See Dkt. No.
29.
11 || Dated: 5/18/2021 Aspe 3 bbl).
12 HAYWOOD S. GILLIAM, JR.
13 United States District Judge
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28