Bioscience Advisors, Inc. v. United States Securities and Exchange Commission

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