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Hartsock v. Spectrum Pharmaceuticals, Inc.

United States District Court, D. Nevada

January 31, 2017

GLEN HARTSOCK, Individually and on behalf of all others similarly situated, Plaintiff,
v.
SPECTRUM PHARMACEUTICALS, INC., and RAJESH C. SHROTRIYA, Defendants. OLUTAYO AYENI, Individually and on behalf of all others similarly situated, Plaintiff,
v.
SPECTRUM PHARMACEUTICALS, INC., RAJESH C. SHROTRIYA, KURT A. GUSTAFSON, JOSEPH TURGEON, and LEE ALLEN, Defendants.

          LEVERTY & ASSOCIATES LAW CHTD. Patrick R. Leverty, Esq. (Nevada Bar No. 8840) [Proposed] Liaison Counsel for Lead Plaintiff Movants Michael Bestwick and Mark Hawkins

          THE ROSEN LAW FIRM, P.A. Laurence M. Rosen, Esq. Phillip Kim, Esq. BRONSTEIN, GEWIRTZ & GROSSMAN, LLC Peretz Bronstein Shimon Yiftach Co-Lead Counsel for Counsel for Lead Plaintiff Movants Michael Bestwick and Mark Hawkins

          COOKSEY, TOOLEN, GAGE, DUFFY & WOOG Griffith H. Hayes (Nevada Bar No. 7374) [Proposed] Local Counsel for Lead Plaintiff Movant Anchorage Police & Fire Retirement System

          BLEICHMAR FONTI & AULD LLP Javier Bleichmar Cynthia Hanawalt [Proposed] Counsel for Lead Plaintiff Movant Anchorage Police & Fire Retirement System and Proposed Lead Counsel

          LAW OFFICE OF TELIA U. WILLIAMS Telia U. Williams, Esq. Nevada Bar No. 9359 BLOCK & LEVITON LLP Jeffrey C. Block, Esq. Joel A. Fleming, Esq. Counsel for Plaintiff Glen Hartsock Counsel for Plaintiff Glen Hartsock Counsel for Spectrum Pharmaceuticals, Inc., Rajesh C. Shrotriya, Kurt A. Gustafson, Joseph Turgeon, and Lee Allen

          STIPULATION AND [PROPOSED] ORDER

          Honorable Richard F. Boulware II U.S. District Court Judge

         WHEREAS, on September 21, 2016, the action Olutayo Ayeni v. Spectrum Pharmaceuticals, Inc., et al., Docket No. 16-cv-07074 (C.D.Cal. Sep, 21, 2016) was commenced in the U.S. District Court for the Central District of California (“Ayeni Action”);

         WHEREAS, on September 28, 2016, the related action styled as Hartsock v. Spectrum Pharmaceuticals, Inc. et al., Docket No. 2:16-cv-02279 (D. Nev. Sept 28, 2016) (the “Hartsock Action”) was filed in this Court, currently pending before Judge Richard F. Boulware, II;

         WHEREAS, on November 15, 2016, U.S. District Judge Dale S. Fischer ordered the transfer of the Ayeni Action to this court and the Ayeni Action is now pending before Judge Kent J. Dawson;

         WHEREAS, the complaints in both the Ayeni Action and Hartsock Action assert claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (the “Exchange Act”) on behalf of a putative class which are subject to the Private Securities Litigation Reform Act of 1995 (“PSLRA”), which provides for a specific process for the appointment of lead plaintiff and lead counsel to represent the putative class;

         WHEREAS, Lead Plaintiff and Lead Counsel have not yet been appointed pursuant to Section 21D(a) of the Exchange Act;

         WHEREAS, on November 21, 2016, Movant Anchorage Police & Fire Retirement System and Movants Michael Bestwick and Mark Hawkins filed two competing motions to Consolidate Related Actions, Appoint Lead Plaintiffs and Approve Counsel in the Hartsock Action; and

         WHEREAS, on January 10, 2017, the Court filed a Notice Regarding Intention to Dismiss Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure in the Hartsock Action;

         IT IS HEREBY STIPULATED AND AGREED among the undersigned parties, subject to the ...


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