Tuttle et al v. Sky Bell Asset Management LLC et al

Filing 308

ORDER REQUIRING RESPONSE. Signed by Judge Alsup on February 2, 2012. (whalc2, COURT STAFF) (Filed on 2/2/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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EDGAR W. TUTTLE, ERIC BRAUN,
THE BRAUN FAMILY TRUST by its cotrustee ERIC BRAUN, and WENDY MEG
SEIGEL, on behalf of themselves and all
others similarly situated

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No. C 10-03588 WHA

ORDER REQUIRING RESPONSE

Plaintiffs,
v.
SKY BELL ASSET MANAGEMENT,
LLC, et al.,
Defendants.
/

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At the hearing on the motion for class certification on October 19, 2011, plaintiffs’

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counsel and defendant Rothstein Kass & Company’s counsel both indicated that, at a minimum,

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the proposed PipeLine class had 93 members. In response to the order conditionally certifying

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the proposed classes, plaintiffs submitted under seal a list of limited partners in each of the

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proposed classes. In total, that list identifies 39 limited partners for PipeLine Investors, of which,

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by the Court’s count, only 35 are non-defendant investors.

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By NOON (PST) TOMORROW, FEBRUARY 3, 2012, counsel shall explain the discrepancy

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in the number of prospective PipeLine class members stated at the class certification hearing and

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the number identified in plaintiffs’ under seal submission. Counsel shall affirmatively state the

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number of prospective class members in the proposed PipeLine class.

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IT IS SO ORDERED.

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Dated: February 2, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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