Westley et al v. Oclaro, Inc. et al

Filing 16

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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1 2 3 4 5 6 7 8 9 10 11 12 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 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 CURTIS and CHARLOTTE WESTLEY, individually and on behalf of others similarly situated, Plaintiffs, 17 18 19 20 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 21 22 23 24 25 26 27 28 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 1 WHEREAS, Plaintiffs Curtis and Charlotte Westley (collectively, “Plaintiffs”), through 2 their counsel, filed a purported class action complaint (“Complaint”) against Defendants Oclaro, 3 Inc., Alain Couder, Jerry Turin, and James Haynes (collectively, “Defendants”) in the above- 4 entitled matter on May 19, 2011; 5 6 WHEREAS, pursuant to the May 19, 2011 Case Management Conference Order, the Initial Case Management Conference is scheduled for August 30, 2011; 7 WHEREAS, the Complaint asserts claims under the federal securities laws that are 8 subject to the procedural requirements of the Private Securities Litigation Reform Act of 1995 9 (“Reform Act”), including those set forth in 15 U.S.C. § 78u-4; 10 11 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); 12 WHEREAS, pursuant to the Reform Act, 15 U.S.C. § 78u-4(a)(3), purported class 13 members seeking to serve as Lead Plaintiff in this action must file a motion to be appointed as 14 such no later than July 18, 2011; 15 WHEREAS, additional putative class action complaints similar to the Complaint may be 16 filed before the July 18 deadline, and the parties may need to consider filing a motion to 17 consolidate; 18 WHEREAS, in order to avoid the unnecessary expenditure of judicial resources or effort 19 by the parties to this action and the Court prior to filing of the motion(s) for appointment of Lead 20 Plaintiff, the parties to this action have agreed, in the interim prior to the appointment of Lead 21 Plaintiff and subject to the Court’s approval, to the continuance of the Initial Case Management 22 Conference and an extension of time for Defendants to respond to the Complaint or any 23 superseding Complaint; and 24 WHEREAS, this Stipulation and Order is without prejudice to, or waiver of, any rights, 25 arguments, or defenses otherwise available to the parties to this action, including, by not limited 26 to, the right to revisit the timing of the below-referenced pleadings and motions once Lead 27 Counsel has been designated by the Court. 28 1 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 1 2 3 NOW THEREFORE, the undersigned parties, by and through their counsel of record, stipulate as follows: 1. 4 5 Defendants shall have no obligation to respond to the Complaint filed in the above-captioned action; 2. Lead Plaintiff(s) shall have forty-five (45) days after entry of an order appointing 6 Lead Plaintiff(s) to file and serve a consolidated or amended complaint 7 (“Consolidated or Amended Complaint”) or to notify Defendants that they shall 8 be proceeding on the original Complaint; 9 3. Defendants shall file and serve any answer or other response within forty-five 10 (45) days of service of the Consolidated or Amended Complaint or after 11 notification by the Lead Plaintiff(s) that they shall be proceeding on the original 12 Complaint; 13 4. 14 15 dismiss within forty-five (45) days of service of the motion to dismiss; 5. 16 17 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; 6. Service of any papers contemplated by this stipulation shall be accomplished by 18 e-filing such papers with the Court and sending a courtesy copy via next day or 19 Saturday delivery; 20 7. Oral argument on Defendants’ motion to dismiss will be held at such date and 21 time as the parties shall agree upon prior to filing the motion to dismiss, or on 22 such other date and time as the Court shall order; 23 8. Defendants agree to waive service of process to the extent that service has not 24 been effected on all Defendants. This stipulation shall not be deemed to waive 25 any defense other than as to sufficiency of service of process; 26 9. 27 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- 28 2 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 1 4(b)(3)(B), until the Court issues an order resolving Defendants’ motion to 2 dismiss; and 3 10. The Initial Case Management Conference, currently scheduled for September 2, 4 2011, is hereby adjourned to: (a) 30 days after defendants file an answer; (b) 60 5 days after (i) the Court rules on Defendants' motion to dismiss and (ii) Lead 6 Plaintiff(s) inform the Court that they will not further amend their Complaint; or 7 (c) to such other date and time as this Court shall order. Until the date of such 8 Case Management Conference, the stay of discovery shall stay in place, subject to 9 the parties' right to seek to lift the stay pursuant to 15 U.S.C. § 78u-4(b)(3)(B). 10 11 DATED: June 29, 2011 12 ROBBINS GELLER RUDMAN & DOWD LLP ALSTON & BIRD LLP By: _/s/ Shawn A. Williams___ _ 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___________ _ 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 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 27 28 3 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 1 SIGNATURE ATTESTATION 2 I am the ECF User whose identification and password are being used to file the foregoing 3 Stipulation and [Proposed] Order Scheduling Filing of Consolidated Complaint by Lead 4 Plaintiffs, Defendants’ Response Thereto, and Rescheduling Initial Case Management 5 Conference. Pursuant to General Order No. 45, Section X (B) regarding signatures, I, Gidon M. 6 Caine, attest that concurrence in the filing of this document has been obtained. 7 DATED: JUNE 29, 2011 /S/ GIDON M. CAINE GIDON M. CAINE (CAL. STATE BAR NO. 188110) 8 9 15 D RDERE S SO O IED IT I DIF AS MO RT dwa Judge E ER H 17 18 19 hen rd M. C NO 16 LI 14 A 13 UNIT ED S RT U O 12 R NIA 11 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 FO 10 N F D IS T IC T O R C 20 21 22 23 24 25 26 27 28 4 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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