In Re Cassava Sciences, Inc. Securities Litigation — Entry #403: ORDER GRANTING Joint 401 Request for Scheduling Conference

Case 1:21-cv-00751-DAE           Document 403        Filed 10/08/26     Page 1 of 3


                        UNITED STATES DISTRICT COURT
                         WESTERN DISTRICT OF TEXAS
                               AUSTIN DIVISION

 IN RE CASSAVA SCIENCES, INC.                         Master File No. 1:21-cv-00751-DAE
 SECURITIES LITIGATION
                                                      CONSOLIDATED CLASS ACTION


 CARLOS PÉREZ-COTAPOS UGARTE,                            Case No. 1:24-cv-01525-DAE
 et al.,
          Plaintiffs
 v.                                                             CLASS ACTION

 CASSAVA SCIENCES, INC., et al.,
           Defendants

                                            ORDER

   Now before the Court is the parties’ Joint Status Report and Request for Scheduling

Conference, filed September 14, 2026 (Dkt. 401 in 1:21-cv-00751-DAE; Dkt. 109 in 1:24-cv-

1525-DAE). The Honorable David A. Ezra referred the request for scheduling conference to this

Magistrate Judge for disposition, pursuant to 28 U.S.C. § 636(b)(1)(A), Federal Rule of Civil

Procedure 72, and Rule 1(c) of Appendix C of the Local Court Rules of the United States District

Court for the Western District of Texas.

                                       I.   Background

   On August 12, 2025, Judge Ezra granted the Plaintiffs’ Motion for Class Certification in the

Consolidated Class Action. Dkt. 332 in 1:21-cv-00751-DAE. Defendants appealed that order to

the Fifth Circuit. The Fifth Circuit heard oral argument on August 3, 2026, and its ruling remains

pending. Bozorgi v. Cassava Sciences, No. 25-5085 (5th Cir.).

   On June 29, 2026, this Magistrate Judge denied Defendants’ Motion to Consolidate the Ugarte

Class Action into the Consolidated Class Action. Dkt. 384 in 1:21-cv-00751-DAE. Defendants

filed an Objection to that Order, which is pending before Judge Ezra. Id. at Dkt. 388. Also pending

                                                  1


       Case 1:21-cv-00751-DAE              Document 403          Filed 10/08/26       Page 2 of 3


before Judge Ezra is Plaintiffs’ Motion for an Order Preliminarily Approving Settlement and

Providing for Notice, filed June 18, 2026, which seeks approval of a $31.25 million settlement in

the Consolidated Action. Id. at Dkt. 380.

    On July 24, 2026, Judge Ezra held a status conference to discuss the pending matters in both

cases, then issued an order (1) denying without prejudice the then-pending motions to dismiss in

Ugarte, (2) ordering the parties to “confer regarding the best approach going forward in light of

the pending appeal and numerous pending motions,” and (3) referring the matter to this Magistrate

Judge to conduct a scheduling conference after the parties’ conferral. Id. at Dkt. 393.

    Counsel for Defendants and the Ugarte plaintiffs conferred on August 3, 2026. Id. at Dkt. 401.

They disagree whether Judge Ezra should wait for the Fifth Circuit to rule on whether the class

was properly certified in the Consolidated Class Action before ruling on Defendants’ Objection to

this Magistrate Judge’s Order denying consolidation. Defendants argue that Judge Ezra should

wait for the Fifth Circuit to rule before addressing Defendants’ Objection, while Plaintiffs argue

that Judge Ezra should not wait. The parties appear to agree that Judge Ezra should defer ruling on

Plaintiffs’ Motion for Preliminary Approval of Settlement and any forthcoming motions to dismiss

until after the Fifth Circuit rules on the certification issue.1

                                             II.    Order

    The Court GRANTS the Request for a Scheduling Conference (Dkt. 401 in 1:21-cv-00751-

DAE; Dkt. 109 in 1:24-cv-1525-DAE) and ORDERS the parties, or counsel of record appearing

on their behalf, to appear for a scheduling conference at 2 p.m. November 12, 2026 in Courtroom

6 on the Sixth Floor of the United States Courthouse, 501 West Fifth Street, Austin, Texas 78701.


1
  Defendants and the Ugarte plaintiffs also agreed that the Court should first address the Ugarte Plaintiffs’
Memorandum of Law in Support of Opposed Motion to View Sealed Documents (Dkt. 389 in 1:21-cv-
00751-DAE; Dkt. 95 in 1:24-cv-1525-DAE). Judge Lane granted that motion three days after the parties
filed the Joint Status Report. Dkt. 110 in 1:24-cv-1525-DAE.

                                                       2


       Case 1:21-cv-00751-DAE           Document 403         Filed 10/08/26      Page 3 of 3


   At the Scheduling Conference, the Court will address: (1) the order of consideration of the

pending motions (Dkts. 380, 388 in 1:21-cv-00751-DAE) in light of the appeal before the Fifth

Circuit; (2) whether the parties will file any new dispositive motions, and if so, the timing of those

motions and related briefs; and (3) any other outstanding scheduling issues.

   SIGNED on October 8, 2026.


                                                        SUSAN HIGHTOWER
                                                        UNITED STATES MAGISTRATE JUDGE


                                                    3