Bioscience Advisors, Inc. v. United States Securities and Exchange Commission
- Haywood Gilliam
- 4:21-cv-00866
- U.S. District Court · Northern District of California
- 3
In Bioscience Advisors v. United States Securities and Exchange Commission, Judge Gilliam extended deadlines and discharged an order to show cause.
Bioscience Advisors, Inc. and the defendants, including the United States Securities and Exchange Commission, were affected by the revised amendment and motion-to-dismiss deadlines.
What happened
Bioscience Advisors, Inc. v. United States Securities and Exchange Commission involved the parties’ agreement to amend the complaint while the defendants’ partial motion to dismiss was pending. The plaintiff anticipated that the amended complaint would make that motion no longer relevant.
The court extended the plaintiff’s deadline to file an amended complaint to May 24, 2021, and the defendants’ deadline to file a motion to dismiss the amended complaint to June 14, 2021. If the defendants stated that their pending motion still applied, the plaintiff had to file an opposition by June 28, 2021.
Judge Haywood S. Gilliam, Jr. entered the stipulated order and discharged the previously issued order to show cause. The opinion does not decide the merits of the claims or the pending motion to dismiss.
The detailed version
- Bioscience Advisors, Inc. v. United States Securities and Exchange Commission · No. 4:21-cv-00866
- Haywood Gilliam
- May 18, 2021
Background
The parties submitted a stipulation concerning amendment of the complaint and the schedule for briefing. The defendants’ partial motion to dismiss was pending and had been scheduled for a July 22, 2021 hearing. The plaintiff agreed to submit an amended complaint, and anticipated that the amendment would make the pending motion moot. The defendants could then choose to file a renewed motion to dismiss.
Order
The court ordered that:
- The plaintiff’s deadline to file an amended complaint was extended to May 24, 2021. - The defendants’ deadline to file any motion to dismiss the amended complaint was extended to June 14, 2021. - If the defendants notified the plaintiff that they believed the pending partial motion to dismiss still applied to the amended complaint, the plaintiff had to file an opposition brief by June 28, 2021.
The court also discharged the order to show cause identified as Docket No. 29.
Disposition and Scope
Judge Haywood S. Gilliam, Jr. approved the stipulated schedule and discharged the order to show cause. The order did not grant or deny the pending partial motion to dismiss and did not decide the merits of the parties’ dispute.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.