Special Situations Fund III QP, L.P. et al v. Marrone Bio Innovations, Inc. et al

Filing 116

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 11/14/17 ORDERING that the briefing schedule on the 113 Motion for Reconsideration is as follows: Opposition due by 12/18/17; any reply is due by 01/18/18; should the Court determine that a hearing is necessary, it will be 01/25/18, or a day thereafter that is convenient for the Court. All discovery in this action is STAYED. If the Court denies the Reconsideration Motion, the parties shall meet and confer concerning discovery within 10 days of Court's order, and within 20 days thereafter, submit a discovery plan and/or respond to the discovery-related topics in the Order Requiring Joint Status Report. (Benson, A.)

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MAYER BROWN LLP
ELIZABETH MANN (SBN 106524)
[e-mail]
350 South Grand Avenue, 25th Floor
Los Angeles, CA 90071-1503
Telephone: [phone]
Facsimile: [phone]
MAYER BROWN LLP
STANLEY J. PARZEN (admitted pro hac vice)
[e-mail]
71 South Wacker Drive
Chicago, IL 60606
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
ERNST & YOUNG LLP

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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SPECIAL SITUATIONS FUND III QP, L.P.,
SPECIAL SITUATIONS CAYMAN FUND,
L.P., and DAVID M. FINEMAN, Individually
and On Behalf of All Others Similarly Situated,

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Plaintiffs,
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v.
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MARRONE BIO INNOVATIONS, INC.,
PAMELA G. MARRONE, JAMES B. BOYD,
DONALD J. GLIDEWELL, HECTOR ABSI,
ELIN MILLER, RANJEET BHATIA,
PAMELA CONTAG, TIM FOGARTY,
LAWRENCE HOUGH, JOSEPH HUDSON,
LES LYMAN, RICHARD ROMINGER,
SHAUGN STANLEY, SEAN
SCHICKEDANZ, and ERNST & YOUNG
LLP,

Case No. 2:14-cv-02571-MCE-KJN
CONSOLIDATED CLASS ACTION
STIPULATION AND ORDER SETTING
BRIEFING SCHEDULE FOR
DEFENDANT ERNST & YOUNG LLP’S
MOTION FOR RECONSIDERATION,
STAYING DISCOVERY DURING
PENDENCY OF MOTION
Judge:
TAC Filed:
Trial Date:

Hon. Morrison C. England, Jr.
June 1, 2016
None set

Defendants.

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STIPULATION AND ORDER SETTING BRIEFING SCHEDULE, STAYING DISCOVERY; CASE NO. 2:14CV-02571-MCE-KJN

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Lead Plaintiffs Special Situations Fund III QP, L.P. and Special Situations Cayman Fund,
L.P. (“Lead Plaintiffs”), additional named plaintiff David M. Fineman (“Fineman” and, together
with Lead Plaintiffs, “Plaintiffs”), and Defendant Ernst & Young LLP (“EY” or
“DefendantDated: November 14, 2017

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” and, together with Plaintiffs, the “Parties”), by and through undersigned counsel, hereby
stipulate and agree as follows:

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WHEREAS, Defendant filed a Motion to Reconsider the Denial of its Motion to Dismiss

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or in the Alternative Certify an Interlocutory Appeal (the “Reconsideration Motion”) on

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November 2, 2017 (ECF No. 113);

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WHEREAS, the hearing on the Reconsideration Motion, previously scheduled for

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November 30, 2017, has by Order of the Court been vacated and submitted without appearance

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and argument subject to further order of the Court (ECF No. 114);

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WHEREAS, upon Plaintiffs’ request, the Parties met and conferred to set a mutually
agreeable schedule to complete the briefing of the Reconsideration Motion;
WHEREAS, the Parties agree to the following briefing schedule:
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December 18, 2017;

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Plaintiffs will file their opposition to the Reconsideration Motion on or before

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Defendant will file its reply on or before January 18, 2018;

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WHEREAS, if the Court determines that a hearing is necessary on the Reconsideration

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Motion, the Parties agree to set the hearing for January 25, 2018, or on a day thereafter that is

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convenient for the Court;

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WHEREAS, all discovery in this action, including but not limited to the filing of a Rule

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26(f) discovery plan and/or responding to the discovery-related topics in the Order Requiring

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Joint Status Report, has been stayed by the parties’ so ordered Stipulation (see ECF No. 112),

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which stay concluded on October 30, 2017;

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WHEREAS, the parties have met and conferred concerning discovery, and agree that the

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interests of all parties and judicial efficiency will be served by continuing a stay of discovery
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STIPULATION AND ORDER SETTING BRIEFING SCHEDULE, STAYING DISCOVERY; CASE NO. 2:14CV-02571-MCE-KJN

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while the Reconsideration Motion is pending, including because the Reconsideration Motion
seeks reconsideration of Defendant’s Motion to Dismiss, which implicated the automatic stay of
discovery under the Private Securities Litigation Reform Act of 1995, 15 U.S.C. § 78u4(b)(3)(B), and to accommodate counsels’ previously scheduled trial obligations.

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the Parties, through
their respective counsel of record, as follows:

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1.

December 18, 2017;

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2.

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4.

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For the benefit of the Parties and in the interests of judicial efficiency, and in light

of 15 U.S.C. § 78u-4(b)(3)(B), all discovery in this action, including but not limited to the filing
of a Rule 26(f) discovery plan and/or responding to the discovery-related topics in the Order
Requiring Joint Status Report, is stayed while the Reconsideration Motion is pending.

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Should the Court determine that a hearing is necessary on the Motion, the hearing

will be set for January 25, 2018, or a day thereafter that is convenient for the Court.

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Defendant’s reply is due on or before January 18, 2018;

3.

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Plaintiffs will file their opposition to the Reconsideration Motion on or before

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If the Court denies the Reconsideration Motion, the parties shall meet and confer

concerning discovery within ten (10) days after the Court’s order, and within twenty (20) days
after that submit a Rule 26(f) discovery plan to the Court and/or respond to the discovery-related
topics in the Order Requiring Joint Status Report.
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STIPULATION AND ORDER SETTING BRIEFING SCHEDULE, STAYING DISCOVERY; CASE NO. 2:14CV-02571-MCE-KJN

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6.

In the event the Court declines to approve this stipulation, the Parties shall have

thirty (30) days from said denial to submit a Rule 26(f) discovery plan to the Court and/or
respond to the discovery-related topics in the Order Requiring Joint Status Report.
Dated: November 9, 2017

LOWENSTEIN SANDLER LLP

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By:

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Counsel for Lead Plaintiffs Special Situations
Fund III QP, L.P. and Special Situations
Cayman Fund, L.P., and additional named
Plaintiff David M. Fineman

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/s/ Steven M. Hecht
Steven M. Hecht
(as authorized on November 8, 2017)
1251 Avenue of the Americas
New York, NY 10020
Tel: [phone]
Fax: [phone]
[e-mail]

Dated: November 9, 2017

MAYER BROWN LLP

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By:
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/s/ Elizabeth Mann
Elizabeth Mann
350 South Grand Avenue
25th Floor
Los Angeles, CA 90071-1503
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Counsel for Defendant Ernst & Young LLP

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ORDER

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IT IS SO ORDERED.
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DATED: November 14, 2017

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STIPULATION AND ORDER SETTING BRIEFING SCHEDULE, STAYING DISCOVERY; CASE NO. 2:14725868871
CV-02571-MCE-KJN