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STIP AND [PROPOSED] ORDER TO CONTINUE INITIAL CMC, RESET RELATED 

DEADLINES AND EXTEND DEFENDANTS’ TIME TO ANSWER OR OTHERWISE 

RESPOND TO THE COMPLAINT Case No.: 3:17-cv-00715-RS 

Michael T. Jones (SBN 290660) 

mjones@goodwinlaw.com

Lloyd Winawer (SBN 157823) 

lwinawer@goodwinlaw.com

Nicholas A. Reider (SBN 296440) 

nreider@goodwinlaw.com

GOODWIN PROCTER LLP 

135 Commonwealth Drive 

Menlo Park, CA 94025-1105 

Tel.: (650) 752-3100 

Fax: (650) 853-1038 

Attorneys for Defendants 

Anthera Pharmaceuticals, Inc., Paul F. Truex, 

Craig Thompson, May Liu, and William Shanahan 

[Additional Counsel on Signature Page] 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

BRIAN CLEVLEN, individually and on behalf 

of all others similarly situated, 

Plaintiff, 

v.

ANTHERA PHARMACEUTICALS, INC., 

PAUL F. TRUEX, CRAIG THOMPSON, 

MAY LIU and WILLIAM SHANAHAN, 

Defendants.

Case No.: 3:17-cv-00715-RS 

STIPULATION AND [PROPOSED] ORDER 

TO CONTINUE INITIAL CMC, RESET 

RELATED DEADLINES AND EXTEND 

DEFENDANTS’ TIME TO ANSWER OR 

OTHERWISE RESPOND TO THE 

COMPLAINT 

Judge: Hon. Richard Seeborg 

Courtroom: 3—17th Floor 

Case 3:17-cv-00715-RS Document 14 Filed 03/10/17 Page 1 of 6
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STIP AND [PROPOSED] ORDER TO CONTINUE INITIAL CMC, RESET RELATED 

DEADLINES AND EXTEND DEFENDANTS’ TIME TO ANSWER OR OTHERWISE 

RESPOND TO THE COMPLAINT Case No.: 3:17-cv-00715-RS 

Defendants Anthera Pharmaceuticals, Inc. (“Anthera”), Paul F. Truex, Craig Thompson, May 

Liu, and William Shanahan (collectively, the “Defendants”) and Plaintiff Brian Clevlen, individually 

and on behalf of all others similarly situated (“Plaintiff” and, together with Defendants, the 

“Parties”), through their respective undersigned counsel, HEREBY STIPULATE AND AGREE AS 

FOLLOWS: 

WHEREAS, on February 13, 2017, Plaintiff initiated this action by filing a Class Action 

Complaint for Violations of Federal Securities Laws (the “Complaint”) in the United States District 

Court for the Northern District of California, purportedly brought on behalf of all persons who 

purchased Anthera common stock between February 10, 2015 and December 27, 2016; 

WHEREAS, the Private Securities Litigation Reform Act of 1995 (the “PSLRA”) sets forth 

mandatory, comprehensive, and specific procedures governing the selection of a lead plaintiff to 

oversee class actions brought under the federal securities laws. See 15 U.S.C. §§ 78u-4, et seq.

WHEREAS, the PSLRA requires that notice of the commencement of an action be given to 

permit other putative class members (who may seek to serve as lead plaintiff on behalf of the class) 

the opportunity to file motions: (a) to be appointed lead plaintiff to oversee and direct the 

prosecution of the action; and (b) to consolidate other complaints which may be filed arising from 

the same nexus of operative facts. See 15 U.S.C. §§ 78u-4(a)(3)(A) & (B). Under the PSLRA, this 

notice must be given within twenty (20) days after the filing of the securities fraud class action, and 

prospective lead plaintiffs are given sixty (60) days from the publication of notice to move for 

appointment as lead plaintiff. 15 U.S.C. § 78u-4(a)(3)(A)(i). Thereafter, the Court may rule upon 

the competing motions, applying the statutory framework in 15 U.S.C. § 78u-4(a)(3)(B)(iii)(I). 

WHEREAS, Plaintiff anticipates after the appointment of the lead plaintiff, lead plaintiff will 

file a consolidated amended complaint; 

WHEREAS, in effect, this action cannot be prosecuted against any defendant until this Court 

first selects a lead plaintiff and lead counsel to represent the putative class; 

WHEREAS, it would be more efficient to extend the time for Defendants to answer or 

Case 3:17-cv-00715-RS Document 14 Filed 03/10/17 Page 2 of 6
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STIP AND [PROPOSED] ORDER TO CONTINUE INITIAL CMC, RESET RELATED 

DEADLINES AND EXTEND DEFENDANTS’ TIME TO ANSWER OR OTHERWISE 

RESPOND TO THE COMPLAINT Case No.: 3:17-cv-00715-RS 

otherwise respond to the Complaint in the action until after the Court’s appointment of a lead 

plaintiff and lead plaintiff’s designation of an operative complaint or filing of an amended 

complaint; 

WHEREAS, to avoid causing Plaintiff to incur the costs and delay associated with serving 

Defendants Paul F. Truex, Craig Thompson, May Liu, and William Shanahan (collectively, the 

“Individual Defendants”), counsel for Defendants has agreed to accept service of the Complaint on 

the Individual Defendants’ behalf; 

WHEREAS, the parties believe that, because the PSLRA stays all discovery, including initial 

disclosures, pending the disposition of motions to dismiss in securities actions such as this one, it is 

appropriate to defer the initial case management conference and the completion of initial disclosures 

until the lead plaintiff has been appointed, the lead plaintiff’s selection of lead counsel has been 

approved, the lead plaintiff has filed a consolidated amended complaint, Defendants have had the 

opportunity to file any motion to dismiss, and the Court has ruled on Defendants’ anticipated motion 

to dismiss. See, e.g., Medhekar v. United States Dist. Court, 99 F.3d 325, 328-29 (9th Cir. 1996) 

(holding F.R.C.P. 26(a)’s initial disclosure requirements are disclosures or other proceedings for 

purposes of PSLRA’s stay provision, and must be stayed pending disposition of motion to dismiss). 

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the 

Parties, through their respective counsel of record, that:

1. Defendants need not answer, move or otherwise respond to the Complaint in this 

action until a date to be set following the appointment of a lead plaintiff pursuant to 15 U.S.C. § 

78u-4(a)(3)(B) and the filing by such lead plaintiff of an amended complaint. 

2. The Initial Case Management Conference shall be held thirty (30) days after an 

order directing Defendants to file an answer (if any), or as soon as possible thereafter consistent 

with the Court’s schedule. 

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

interim relief. 

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STIP AND [PROPOSED] ORDER TO CONTINUE INITIAL CMC, RESET RELATED 

DEADLINES AND EXTEND DEFENDANTS’ TIME TO ANSWER OR OTHERWISE 

RESPOND TO THE COMPLAINT Case No.: 3:17-cv-00715-RS 

4. Nothing in this Stipulation shall be construed as a waiver of any of 

Defendants’ rights or positions in law or equity, or as a waiver of any defenses that 

Defendants would otherwise have, including, without limitation, jurisdictional defenses. 

5. The Parties have not sought any other extensions of time in this action. 

6. The Parties do not seek to reset these dates for the purpose of delay, and 

the proposed new dates will not have an effect on any pre-trial and trial dates as the Court has yet 

to schedule these dates. 

WHEREFORE, the Parties respectfully request that this Court issue an order granting the 

Parties’ request to reset the Initial Case Management Conference and related deadlines as set forth 

herein.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 

DATED: March 8, 2017 GOODWIN PROCTER LLP 

/s/ Michael T. Jones

 Michael T. Jones (SBN 290660) 

mjones@goodwinlaw.com

Lloyd Winawer (SBN 157823) 

lwinawer@goodwinlaw.com

Nicholas A. Reider (SBN 296440) 

nreider@goodwinlaw.com

GOODWIN PROCTER LLP 

135 Commonwealth Drive 

Menlo Park, CA 94025-1105 

Tel.: (650) 752-3100 

Fax: (650) 853-1038 

Counsel for Defendants Anthera 

Pharmaceuticals, Inc., Paul F. Truex, Craig 

Thompson, May Liu, and William Shanahan 

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STIP AND [PROPOSED] ORDER TO CONTINUE INITIAL CMC, RESET RELATED 

DEADLINES AND EXTEND DEFENDANTS’ TIME TO ANSWER OR OTHERWISE 

RESPOND TO THE COMPLAINT Case No.: 3:17-cv-00715-RS 

DATED: March 8, 2017 LEVI & KORSINSKY LLP 

/s/ Rosemary M. Rivas

Rosemary M. Rivas 

44 Montgomery Street, Suite 650 

San Francisco, CA 94104 

Tel.: (415) 291-2420 

Fax: (415) 484-1294 

Shannon L. Hopkins (to be admitted pro hac 

vice)

shopkins@zlk.com

Stephanie A. Bartone (to be admitted pro hac 

vice)

sbartone@zlk.com

733 Summer Street, Suite 304 

Stamford, CT 06901 

Tel: (203) 992-4523 

Fax: (212) 363-7171

Counsel for Plaintiffs Brian Clevlen, individually 

and on behalf of all others similarly situated 

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STIP AND [PROPOSED] ORDER TO CONTINUE INITIAL CMC, RESET RELATED 

DEADLINES AND EXTEND DEFENDANTS’ TIME TO ANSWER OR OTHERWISE 

RESPOND TO THE COMPLAINT Case No.: 3:17-cv-00715-RS 

* * * 

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. 

DATED: March __, 2017 ____________________________________ 

THE HONORABLE RICHARD SEEBORG 

 UNITED STATES DISTRICT JUDGE 

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Case 3:17-cv-00715-RS Document 14 Filed 03/10/17 Page 6 of 6