Staublein v. Acadia Pharmaceuticals Inc.

[4] 5 UNITED STATES DISTRICT COURT 6 SOUTHERN DISTRICT OF CALIFORNIA [7] 8 Case No.: 18-cv-01647-AJB-BGS [9] IN RE ACADIA PHARMACEUTICALS ORDER VACATING AUGUST 19, 10 INC. SECURITIES LITIGATION 2020 EARLY NEUTRAL EVALUATION CONFERENCE, [11] CASE MANAGEMENT 12 CONFERENCE, & RELATED DATES [14] [ECF NO. 75] [16] On July 15, 2020, the parties filed a Joint Motion to Withdraw Notice and Order for [17] Early Neutral Evaluation (“ENE”) Conference. (ECF No. 75.) The parties indicate that [18] Plaintiff will file his Second Amended Complaint by July 16, 2020 and that Defendants [19] will subsequently file a Motion to Dismiss the Second Amended Complaint. (Id. at 2.) [20] The parties request the Court to withdraw its ENE Order (ECF No. 68) and vacate all [21] associated deadlines, including taking the August 19, 2020 ENE Conference off calendar. [22] (ECF No. 75 at 2.) [23] The parties’ request is based on the mandatory stay of discovery implemented by the [24] Private Securities Litigation Reform Act (“PSLRA”). (Id.) The PSLRA requires “all [25] discovery and other proceedings shall be stayed during the pendency of any motion to [26] dismiss, unless the court finds upon the motion of any party that particularized discovery [27] is necessary to preserve evidence or to prevent undue prejudice to that party.” 15 U.S.C. [28] 1 || § 78u-4(b)(3)(B); See also SG Cowen Sec. Corp. v. U.S. Dist. Court for N. Dist. of CA, 189 2 909, 911 (9th Cir. 1999). 3 Even though a Motion to Dismiss has not been filed yet in this case, the Court still 4 that the PSLRA’s discovery stay provision applies based on Defendants 5 || representation that they intend to do so once Plaintiff files his Second Amended Complaint. 6 || Jn re Firstenergy Corp. Sec. Litig., 229 F.R.D. 541, 543-44 (N.D. Ohio 2004) (finding that 7 || the PSLRA’s discovery stay provision applied despite no pending motion to dismiss, where 8 ||defendant informed that court of its intent to do so once Plaintiff filed its consolidated 9 ||complaint). The Court finds that the Early Neutral Evaluation and Case Management 10 || Conference, along with all associated deadlines, should not be held until “after the court 11 sustained the legal sufficiency of the complaint.” See SG Cowen Sec. Corp., 189 F.3d 12 |/at 913 (citing S.Rep. No. 104—98, at 14 (1995)) (indicating that before lifting the stay of 13 || discovery, the PSLRA requires the court to first determine whether the complaint has 14 || satisfied the PSLRA’s heightened pleading standard or if dismissal is appropriate). 15 Based on the parties’ representations, the Joint Motion (ECF No. 75) is GRANTED. 16 || The August 19, 2020 Early Neutral Evaluation and Case Management Conference, and all 17 || associated dates and deadlines, are VACATED. The parties are to JOINTLY contact the 18 chambers of Judge Skomal at (619) 557-2993 to reschedule the Early Neutral Evaluation 19 || and Case Management Conference within three (3) court days of Judge Battaglia’s issuance 20 an order on Defendants’ forthcoming Motion to Dismiss Plaintiff's Second Amended 21 ||Complaint. 22 IT IS SO ORDERED. 23 Dated: July 16, 2020 7 2 p / / 24 on. Bernard G. Skomal 25 United States Magistrate Judge