Westley et al v. Oclaro, Inc. et al
Filing
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STIPULATION AND ORDER re 15 Stipulation, filed by Alain Couder, Jerry Turin, Charlotte Westley, Curtis Westley, James Haynes, Oclaro, Inc. Case Management Statement due by 11/25/2011. Case Management Conference set for 12/2/2011 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 7/1/11. (bpf, COURT STAFF) (Filed on 7/1/2011)
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GIDON M. CAINE (Cal. State Bar No. 188110)
ALSTON & BIRD LLP
275 Middlefield Road
Suite 150
Menlo Park, California 94025-4008
Telephone: (650) 838-2000
Facsimile: (650) 838-2001
gidon.caine@alston.com
Jessica P. Corley (pro hac vice)
Elizabeth P. Skola (pro hac vice)
ALSTON & BIRD LLP
One Atlantic Center
1201 West Peachtree Street
Atlanta, Georgia 30309-3424
Telephone: (404) 881-7000
Facsimile: (404) 881-7777
jessica.corley@alston.com
elizabeth.skola@alston.com
Attorneys for Defendants
OCLARO, INC., ALAIN COUDER,
JERRY TURIN, and JAMES HAYNES
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CURTIS and CHARLOTTE WESTLEY, individually
and on behalf of others similarly situated,
Plaintiffs,
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v.
OCLARO, INC., ALAIN COUDER, JERRY TURIN,
and JAMES HAYNES,
Defendants.
Case No.: 3:11-CV-02448-EMC
STIPULATION AND [PROPOSED]
ORDER SCHEDULING FILING OF
CONSOLIDATED COMPLAINT BY
LEAD PLAINTIFFS, DEFENDANTS’
RESPONSE THERETO, AND
RESCHEDULING INITIAL CASE
MANAGEMENT CONFERENCE
CLASS ACTION
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STIPULATION AND [PROPOSED] ORDER SCHEDULING FILING OF CONSOLIDATED COMPLAINT BY LEAD PLAINTIFFS,
DEFENDANTS’ RESPONSE THERETO, AND RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE
3:11-CV-02448-EMC
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WHEREAS, Plaintiffs Curtis and Charlotte Westley (collectively, “Plaintiffs”), through
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their counsel, filed a purported class action complaint (“Complaint”) against Defendants Oclaro,
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Inc., Alain Couder, Jerry Turin, and James Haynes (collectively, “Defendants”) in the above-
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entitled matter on May 19, 2011;
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WHEREAS, pursuant to the May 19, 2011 Case Management Conference Order, the
Initial Case Management Conference is scheduled for August 30, 2011;
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WHEREAS, the Complaint asserts claims under the federal securities laws that are
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subject to the procedural requirements of the Private Securities Litigation Reform Act of 1995
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(“Reform Act”), including those set forth in 15 U.S.C. § 78u-4;
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WHEREAS, Defendants presently intend to file a motion to dismiss, which would trigger
a stay of discovery under the Reform Act, 15 U.S.C. § 78u-4(b)(3)(B);
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WHEREAS, pursuant to the Reform Act, 15 U.S.C. § 78u-4(a)(3), purported class
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members seeking to serve as Lead Plaintiff in this action must file a motion to be appointed as
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such no later than July 18, 2011;
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WHEREAS, additional putative class action complaints similar to the Complaint may be
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filed before the July 18 deadline, and the parties may need to consider filing a motion to
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consolidate;
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WHEREAS, in order to avoid the unnecessary expenditure of judicial resources or effort
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by the parties to this action and the Court prior to filing of the motion(s) for appointment of Lead
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Plaintiff, the parties to this action have agreed, in the interim prior to the appointment of Lead
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Plaintiff and subject to the Court’s approval, to the continuance of the Initial Case Management
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Conference and an extension of time for Defendants to respond to the Complaint or any
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superseding Complaint; and
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WHEREAS, this Stipulation and Order is without prejudice to, or waiver of, any rights,
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arguments, or defenses otherwise available to the parties to this action, including, by not limited
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to, the right to revisit the timing of the below-referenced pleadings and motions once Lead
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Counsel has been designated by the Court.
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STIPULATION AND [PROPOSED] ORDER SCHEDULING FILING OF CONSOLIDATED COMPLAINT BY LEAD PLAINTIFFS,
DEFENDANTS’ RESPONSE THERETO, AND RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE
3:11-CV-02448-EMC
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NOW THEREFORE, the undersigned parties, by and through their counsel of record,
stipulate as follows:
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Defendants shall have no obligation to respond to the Complaint filed in the
above-captioned action;
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Lead Plaintiff(s) shall have forty-five (45) days after entry of an order appointing
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Lead Plaintiff(s) to file and serve a consolidated or amended complaint
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(“Consolidated or Amended Complaint”) or to notify Defendants that they shall
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be proceeding on the original Complaint;
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3.
Defendants shall file and serve any answer or other response within forty-five
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(45) days of service of the Consolidated or Amended Complaint or after
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notification by the Lead Plaintiff(s) that they shall be proceeding on the original
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Complaint;
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4.
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dismiss within forty-five (45) days of service of the motion to dismiss;
5.
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Lead Plaintiff(s) shall file and serve any opposition to Defendants’ motion to
Defendants shall file and serve a reply brief in support of the motion to dismiss
within thirty (30) days of service of any opposition brief;
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Service of any papers contemplated by this stipulation shall be accomplished by
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e-filing such papers with the Court and sending a courtesy copy via next day or
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Saturday delivery;
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7.
Oral argument on Defendants’ motion to dismiss will be held at such date and
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time as the parties shall agree upon prior to filing the motion to dismiss, or on
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such other date and time as the Court shall order;
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Defendants agree to waive service of process to the extent that service has not
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been effected on all Defendants. This stipulation shall not be deemed to waive
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any defense other than as to sufficiency of service of process;
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9.
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The parties agree that discovery in the above-captioned action shall be stayed
pursuant to the Private Securities Litigation Reform Act, 15 U.S.C. § 78u-
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STIPULATION AND [PROPOSED] ORDER SCHEDULING FILING OF CONSOLIDATED COMPLAINT BY LEAD PLAINTIFFS,
DEFENDANTS’ RESPONSE THERETO, AND RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE
3:11-CV-02448-EMC
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4(b)(3)(B), until the Court issues an order resolving Defendants’ motion to
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dismiss; and
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The Initial Case Management Conference, currently scheduled for September 2,
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2011, is hereby adjourned to: (a) 30 days after defendants file an answer; (b) 60
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days after (i) the Court rules on Defendants' motion to dismiss and (ii) Lead
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Plaintiff(s) inform the Court that they will not further amend their Complaint; or
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(c) to such other date and time as this Court shall order. Until the date of such
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Case Management Conference, the stay of discovery shall stay in place, subject to
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the parties' right to seek to lift the stay pursuant to 15 U.S.C. § 78u-4(b)(3)(B).
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DATED: June 29, 2011
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ROBBINS GELLER RUDMAN &
DOWD LLP
ALSTON & BIRD LLP
By: _/s/ Shawn A. Williams___
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SHAWN A. WILLIAMS (Cal. State Bar
No. 213113)
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, California 94104
Telephone: (415) 288-4545
Facsimile (415) 288-4534
shawnw@rgrdlaw.com
By: _/s/ Gidon M. Caine___________
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GIDON M. CAINE (Cal. State Bar No. 188110)
275 Middlefield Road
Suite 150
Menlo Park, California 94025-4008
Telephone: (650) 838-2000
Facsimile: (650) 838-2001
gidon.caine@alston.com
and
and
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DARREN J. ROBBINS (Cal. State Bar
No. 168593)
DAVID C. WALTON (Cal. State Bar No.
167268)
655 West Broadway, Suite 1900
San Diego, California 92101
Telephone: (619) 231-1058
Facsimile: (619) 231-7423
darrenr@rgrdlaw.com
davew@rgrdlaw.com
Counsel for Plaintiffs Curtis and Charlotte
Westley
JESSICA P. CORLEY (pro hac vice)
ELIZABETH P. SKOLA (pro hac vice)
One Atlantic Center
1201 West Peachtree Street
Atlanta, Georgia 30309-3424
Telephone: (404) 881-7000
Facsimile: (404) 881-7777
jessica.corley@alston.com
elizabeth.skola@alston.com
Counsel for Defendants Oclaro, Inc., Alain Couder,
Jerry Turin, and James Haynes
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STIPULATION AND [PROPOSED] ORDER SCHEDULING FILING OF CONSOLIDATED COMPLAINT BY LEAD PLAINTIFFS,
DEFENDANTS’ RESPONSE THERETO, AND RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE
3:11-CV-02448-EMC
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SIGNATURE ATTESTATION
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I am the ECF User whose identification and password are being used to file the foregoing
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Stipulation and [Proposed] Order Scheduling Filing of Consolidated Complaint by Lead
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Plaintiffs, Defendants’ Response Thereto, and Rescheduling Initial Case Management
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Conference. Pursuant to General Order No. 45, Section X (B) regarding signatures, I, Gidon M.
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Caine, attest that concurrence in the filing of this document has been obtained.
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DATED: JUNE 29, 2011
/S/ GIDON M. CAINE
GIDON M. CAINE (CAL. STATE BAR NO. 188110)
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D
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The Case Management conference
PURSUANT TO STIPULATION, IT IS SO ORDERED.
is reset from 9/2/11 to 12/2/11 at 9:00 a.m. in Courtroom 5, 17th Fl. A joint CMC Statement shall
be filed by 11/25/11.
S DISTRICT
7/1/11
TE
DATED: ____________
_________________________________
C
TA Edward M. Chen
Hon.
United States District Court Judge
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STIPULATION AND [PROPOSED] ORDER SCHEDULING FILING OF CONSOLIDATED COMPLAINT BY LEAD PLAINTIFFS,
DEFENDANTS’ RESPONSE THERETO, AND RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE
3:11-CV-02448-EMC
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