Westley et al v. Oclaro, Inc. et al

Filing 160

STIPULATION AND ORDER re 159 STIPULATION WITH PROPOSED ORDER Setting Case Management Conference, Extending Discovery Stay and Adjourning Hearing on Motion for Summary Judgment filed by Connecticut Laborers' Pension Fund, Motion s terminated: 159 STIPULATION WITH PROPOSED ORDER Setting Case Management Conference, Extending Discovery Stay and Adjourning Hearing on Motion for Summary Judgment filed by Connecticut Laborers' Pension Fund. Case Management Statement due by 7/11/2013. Further Case Management Conference set for 7/18/2013 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 6/17/13. (bpf, COURT STAFF) (Filed on 6/17/2013)

1 ROBBINS GELLER RUDMAN
& DOWD LLP
2 SHAWN A. WILLIAMS (213113)
SUNNY S. SARKIS (258073)
3 Post Montgomery Center
One Montgomery Street, Suite 1800
4 San Francisco, CA 94104
Telephone: [phone]
5 415/288-4534 (fax)
[e-mail]
6 [e-mail]
– and –
7 JULIE A. KEARNS (246949)
655 West Broadway, Suite 1900
8 San Diego, CA 92101
Telephone: [phone]
9 619/231-7423 (fax)
[e-mail]
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Lead Counsel for Plaintiffs
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[Additional counsel appear on signature page.]
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
14
) No. C11-02448-EMC
CURTIS AND CHARLOTTE WESTLEY,
) and related consolidated action
15 Individually and on Behalf of All Others
) (Lead Case No. C11-3176-EMC)
Similarly Situated,
) (Derivative Action)
16
)
Plaintiffs,
)
17
)
vs.
)
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)
OCLARO, INC., et al.,
)
19
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Defendants.
)
20
)
In re OCLARO, INC. DERIVATIVE
) Lead Case No. C11-3176-EMC
21 LITIGATION
) (Derivative Action)
)
22
)
This Document Relates To:
)
23
)
Westley v. Oclaro, Inc., et al.,
)
24
C11-02448-EMC.
)
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STIPULATION AND [PROPOSED] ORDER SETTING CASE MANAGEMENT
CONFERENCE, EXTENDING DISCOVERY STAY AND
ADJOURNING HEARING ON MOTION FOR SUMMARY JUDGMENT

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850587_1

1

WHEREAS, on May 19, 2011, plaintiffs Curtis and Charlotte Westley filed a complaint

2 against defendants Oclaro, Inc., Alain Couder, Jerry Turin and James Haynes (Dkt. No. 1);
3

WHEREAS, on September 12, 2011, this Court issued an Order Granting Connecticut

4 Laborers’ Pension Fund’s Motion for Appointment as Lead Plaintiff and Approval of Selection of
5 Counsel (Dkt. No. 37);
6

WHEREAS, on April 26, 2012, lead plaintiff filed a Second Amended Complaint for

7 Violations of the Federal Securities Laws (“SAC”) (Dkt. No. 62);
8

WHEREAS, on September 21, 2012, this Court issued an Order Granting Defendants’

9 Motion to Dismiss the Second Amended Complaint (Dkt. No. 79);
10

WHEREAS, on January 10, 2013, this Court issued an Order Granting in Part and Denying

11 in Part Plaintiffs’ Motion for Leave for Reconsideration finding that the SAC had adequately alleged
12 claims arising from alleged false statements in May and June 2010 (Dkt. No. 107);
13

WHEREAS, on January 30, 2013, this Court entered a minute order, that inter alia limited

14 discovery to the issue of scienter with respect to certain statements and set a discovery cutoff, a
15 deadline for the filing of the Third Amended Complaint for Violation of the Federal Securities Laws
16 (“TAC”), briefing schedules in connection with defendants’ motion to dismiss the TAC and
17 defendants’ motion for summary judgment with respect to scienter for the May and June statements,
18 and an oral argument date for the motion for summary judgment (Dkt. No. 111);
19

WHEREAS, on March 1, 2013, lead plaintiff filed a TAC (Dkt. No. 121);

20

WHEREAS, on April 1, 2013, defendants filed a motion to dismiss the TAC (Dkt. No. 130);

21

WHEREAS, on April 3, 2013, this Court ordered, inter alia, that defendants produce certain

22 documents by April 24, 2013, and that they make a witness or witnesses available for deposition to
23 testify on topics defined in lead plaintiff’s Rule 30(b)(6) deposition notice (Dkt. No. 138);
24

WHEREAS, on May 2, 2013, the Court approved the parties’ joint stipulation to stay all

25 proceedings and deadlines in this action, with the exception of proceedings related to the motion to
26 dismiss the TAC, until such time as the Court rendered a decision on defendants’ motion to dismiss
27 the TAC and modified the Court’s January 30, 2013 minute order to provide the following: (i) the
28 discovery cutoff shall be five weeks after the Court rules on defendants’ motion to dismiss the TAC;
850587_1

STIP AND [PROP] ORDER SETTING CASE MGMT CONF, EXTENDING DISCOVERY STAY
AND ADJOURNING HEARING ON MOT FOR SUMM JUDGMENT - C11-02448-EMC

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1 (ii) defendants’ summary judgment motion shall be filed no later than 14 days after the discovery
2 cutoff; and (iii) a hearing on the motion shall be set for the first Thursday on which Judge Chen is
3 available, at 1:30 p.m., which is at least thirty-five days after the motion for summary judgment is
4 filed (Dkt. No. 153);
5

WHEREAS, on May 30, 2013, the Court issued an order granting defendants’ motion to

6 dismiss the TAC with prejudice as to the scienter allegations for alleged misrepresentations in July
7 and August 2010 (Dkt. No. 157);
8

WHEREAS, the parties have met and conferred to determine the progression of ongoing

9 discovery, the scope of discovery going forward in light of the May 30, 2013 Order, class
10 certification and prospects for a non-litigated resolution of this action;
11

WHEREAS, the parties have agreed, subject to this Court’s approval, that the Case

12 Management Conference (“CMC”), currently set for July 18, 2013 at 1:30 p.m., shall remain on
13 calendar, or shall be rescheduled for another date thereafter that is convenient to the Court, to (i)
14 address a timeline for resolution of all outstanding discovery disputes; (ii) schedule deadlines for the
15 remainder of the case, including but not limited to, a briefing schedule for defendants’ motion for
16 summary judgment on the Court-ordered issue of scienter and a deadline for plaintiffs’ motion for
17 class certification; and (iii) address certain other outstanding issues between the parties.
18

WHEREAS, the parties have agreed, subject to this Court’s approval, that the hearing on

19 defendants’ motion for summary judgment on the Court-ordered issue of scienter, currently set for
20 July 18, 2013 at 1:30 p.m., shall be adjourned to a date and time agreed upon by the parties or
21 ordered by the Court;
22

WHEREAS, the parties have agreed, subject to this Court’s approval, that the Joint CMC

23 Statement shall be due one week prior to the date of the CMC;
24

WHEREAS, the parties have agreed, subject to this Court’s approval, to continue the stay of

25 all proceedings and deadlines in this action, including discovery deadlines, until after the CMC is
26 held, and a schedule for the remainder of the action is in place; and
27

WHEREAS, the parties enter this stipulation, not for the purposes of delay, but to efficiently

28 manage this case going forward;
850587_1

STIP AND [PROP] ORDER SETTING CASE MGMT CONF, EXTENDING DISCOVERY STAY
AND ADJOURNING HEARING ON MOT FOR SUMM JUDGMENT - C11-02448-EMC

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1

NOW THEREFORE, the undersigned parties, by and through their counsel of record,

2 stipulate as follows:
3

1.

The CMC, currently set for July 18, 2013 at 1:30 p.m., shall remain on calendar, or

4 shall be rescheduled for another date thereafter that is convenient for the Court, to (i) address a
5 timeline for all outstanding discovery disputes; (ii) schedule deadlines for the remainder of the case,
6 including but not limited to a briefing schedule for defendants’ motion for summary judgment on the
7 Court-ordered issue of scienter and a deadline for plaintiffs’ motion for class certification; and (iii)
8 address certain other outstanding issues between the parties.
9

2.

The hearing on defendants’ motion for summary judgment on the Court-ordered issue

10 of scienter, currently set for July 18, 2013 at 1:30 p.m., shall be adjourned to a date and time agreed
11 upon by the parties or ordered by the Court.
12

3.

The Joint CMC Statement shall be due one week prior to the date of the CMC.

13

4.

All proceedings and deadlines, including discovery deadlines, in this action are stayed

14 until after the CMC, and a schedule for the remainder of the action is in place.
15 DATED: June 14, 2013
16

ROBBINS GELLER RUDMAN
& DOWD LLP
SHAWN A. WILLIAMS
SUNNY S. SARKIS

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s/ Shawn A. Williams
SHAWN A. WILLIAMS
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)

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ROBBINS GELLER RUDMAN
& DOWD LLP
JULIE A. KEARNS
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: [phone]
619/231-7423 (fax)

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Lead Counsel for Plaintiffs

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ROBERT M. CHEVERIE & ASSOCIATES
GREGORY S. CAMPORA
Commerce Center One
333 E. River Drive, Suite 101
East Hartford, CT 06108
Telephone: [phone]
860/290-9611 (fax)

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HOLZER HOLZER & FISTEL, LLC
MICHAEL I. FISTEL, JR.
200 Ashford Center North, Suite 300
Atlanta, GA 30338
Telephone: [phone]
770/392-0029 (fax)

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DYER & BERENS LLP
ROBERT J. DYER III
JEFFREY A. BERENS
303 East 17th Avenue, Suite 810
Denver, CO 80203
Telephone: [phone]
303/395-0393 (fax)

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Additional Counsel for Plaintiff

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ALSTON & BIRD LLP
GIDON M. CAINE

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s/ Gidon M. Caine
GIDON M. CAINE
275 Middlefield Road, Suite 150
Menlo Park, CA 94025-4008
Telephone: [phone]
650/838-2001 (fax)

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ALSTON & BIRD LLP
JESSICA P. CORLEY (admitted pro hac vice)
ANDREW T. SUMNER (admitted pro hac vice)
One Atlantic Center
1201 West Peachtree Street
Atlanta, Georgia 30309-3424
Telephone: [phone]
404/881-7777 (fax)
[e-mail]
[e-mail]

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Attorneys for Defendants

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STIP AND [PROP] ORDER SETTING CASE MGMT CONF, EXTENDING DISCOVERY STAY
AND ADJOURNING HEARING ON MOT FOR SUMM JUDGMENT - C11-02448-EMC

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1
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Certificate Pursuant to Local Rule 5-1(i)(3)
I, Shawn A. Williams, am the ECF User whose identification and password are being used to

3 file the STIPULATION AND [PROPOSED] ORDER SETTING CASE MANAGEMENT
4 CONFERENCE, EXTENDING DISCOVERY STAY AND ADJOURNING HEARING ON
5 MOTION FOR SUMMARY JUDGMENT. In compliance with Local Rule 5-1(i)(3), I hereby attest
6 that Gidon M. Caine has concurred in this filing.
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Dated: June 14, 2013

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s/ Shawn A. Williams
SHAWN A. WILLIAMS

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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S DISTRICT
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UNIT
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AS M

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6/17/13
16 DATED: _________________________

dward
Judge E

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M. Che

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R NIA

____________________________________
D ED
THE HONORABLE ER
SO OR EDWARD M. CHEN
IT IS
UNITED STATES FIED
ODI DISTRICT JUDGE

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The CMC is reset for
7/18/13 at 10:30 a.m.

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STIP AND [PROP] ORDER SETTING CASE MGMT CONF, EXTENDING DISCOVERY STAY
AND ADJOURNING HEARING ON MOT FOR SUMM JUDGMENT - C11-02448-EMC

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CERTIFICATE OF SERVICE
I hereby certify that on June 14, 2013, I authorized the electronic filing of the foregoing with

3 the Clerk of the Court using the CM/ECF system which will send notification of such filing to the
4 e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I
5 caused to be mailed the foregoing document or paper via the United States Postal Service to the non6 CM/ECF participants indicated on the attached Manual Notice List.
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I certify under penalty of perjury under the laws of the United States of America that the

8 foregoing is true and correct. Executed on June 14, 2013.
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850587_1

s/ Shawn A. Williams
SHAWN A. WILLIAMS
ROBBINS GELLER RUDMAN
& DOWD LLP
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)
E-mail: [e-mail]

CAND-ECF-

Page 1 of 1

Mailing Information for a Case 3:11-cv-02448-EMC
Electronic Mail Notice List
The following are those who are currently on the list to receive e-mail notices for this case.
Gidon M. Caine
[e-mail],[e-mail],[e-mail],[e-mail]
Jessica Perry Corley
[e-mail]
Michael I. Fistel , Jr
[e-mail]
Frank James Johnson
[e-mail],[e-mail],[e-mail],[e-mail]
Julie A. Kearns
[e-mail],[e-mail],[e-mail]
Tina Mehr
[e-mail]
Brian O. O'Mara
bo'[e-mail],[e-mail],[e-mail]
Mark Punzalan
[e-mail],[e-mail]
Darren Jay Robbins
[e-mail]
Sunny September Sarkis
[e-mail]
Andrew Townsend Sumner
[e-mail]
Joseph G Tully
[e-mail]
David Conrad Walton
[e-mail]
Shawn A. Williams
[e-mail],[e-mail],[e-mail],[e-mail],[e-mail]

Manual Notice List
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Robert
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Dyer & Berens LLP
303 East 17th Avenue, Suite 300
Denver, CO 80203

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6/14/2013