Westley et al v. Oclaro, Inc. et al

Filing 162

STIPULATION AND ORDER re 161 Continuing Case Management Conference and Extending Discovery Stay filed by Connecticut Laborers' Pension Fund Case Management Statement due by 9/12/2013. Further Case Management Conference set for 9/19/2013 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 7/15/13. (bpf, COURT STAFF) (Filed on 7/15/2013)

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
13
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)
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)
Plaintiffs,
)
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)
vs.
)
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OCLARO, INC., et al.,
)
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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 CONTINUING CASE MANAGEMENT
CONFERENCE AND EXTENDING DISCOVERY STAY

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856706_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 January 30, 2013, the Court entered a minute order, that inter alia limited

4 discovery to the issue of scienter with respect to certain statements and set a discovery cutoff, a
5 deadline for the filing of the Third Amended Complaint (“TAC”), briefing schedules in connection
6 with defendants’ motion to dismiss the TAC and defendants’ motion for summary judgment with
7 respect to scienter for the May and June statements, and an oral argument date for the motion for
8 summary judgment (Dkt. No. 111);
9

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

10 proceedings and deadlines in this action, with the exception of proceedings related to the motion to
11 dismiss the TAC, until such time as the Court rendered a decision on defendants’ motion to dismiss
12 the TAC and modified the Court’s January 30, 2013 minute order to provide the following: (i) the
13 discovery cutoff shall be five weeks after the Court rules on defendants’ motion to dismiss the TAC;
14 (ii) defendants’ summary judgment motion shall be filed no later than 14 days after the discovery
15 cutoff; and (iii) a hearing on the motion shall be set for the first Thursday on which Judge Chen is
16 available, at 1:30 p.m., which is at least 35 days after the motion for summary judgment is filed (Dkt.
17 No. 153);
18

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

19 dismiss the TAC with prejudice as to the scienter allegations for alleged misrepresentations in July
20 and August 2010 (Dkt. No. 157);
21

WHEREAS, on June 17, 2013, the Court approved the parties’ joint stipulation to (i) keep the

22 Case Management Conference (“CMC”) on calendar, for July 18, 2013 at 10:30 a.m.; (ii) adjourn the
23 hearing on defendants’ motion for summary judgment; and (iii) continue the stay of all proceedings
24 and deadlines in this action, including discovery deadlines, until after the CMC and a schedule for
25 the remainder of the action is in place (Dkt. No. 160).
26

WHEREAS, the parties have met and conferred in good faith concerning the prospects for a

27 non-litigated resolution of this action, and have scheduled a mediation for August 27, 2013 before
28 the Honorable Layn R. Phillips (Ret.);
856706_1

STIPULATION AND [PROPOSED] ORDER SETTING CASE MANAGEMENT
CONFERENCE AND EXTENDING DISCOVERY STAY - C11-02448-EMC

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WHEREAS, the parties have agreed, subject to the Court’s approval, to continue the CMC

2 presently set for July 18, 2013 at 10:30 a.m., to September 12, 2013 at 10:30 a.m., or another date
3 thereafter that is convenient to the Court;
4

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

5 Statement shall be due one week prior to the date of the CMC;
6

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

7 all proceedings and deadlines in this action, including all discovery deadlines, until after the CMC is
8 held, and a court-approved schedule for the remainder of the action is in place; and
9

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

10 manage this case going forward;
11

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

12 stipulate as follows:
13

1.

Subject to the Court’s approval, the CMC, currently set for July 18, 2013 at 10:30
19
14 a.m., shall be continued to September 12, 2013 at 10:30 a.m., or another date thereafter that is
15 convenient for the Court.
16

2.

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

17

3.

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

18 until after the CMC is held and a court-approved schedule for the remainder of the action is in place.
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20 DATED: July 11, 2013
21

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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856706_1

STIPULATION AND [PROPOSED] ORDER SETTING CASE MANAGEMENT
CONFERENCE AND EXTENDING DISCOVERY STAY - C11-02448-EMC

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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

19 DATED: July 11, 2013

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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856706_1

STIPULATION AND [PROPOSED] ORDER SETTING CASE MANAGEMENT
CONFERENCE AND EXTENDING DISCOVERY STAY - C11-02448-EMC

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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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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

10 file the STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT
11 CONFERENCE AND EXTENDING DISCOVERY STAY. In compliance with Local Rule
12 5-1(i)(3), I hereby attest that Gidon M. Caine has concurred in this filing.
Dated: July 11, 2013

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s/ Shawn A. Williams
SHAWN A. WILLIAMS

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ER

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R NIA

ERED

RD
____________________________________
IS SO O F ED
ITEDWARD M.ICHEN
THE HONORABLE S MODI
A
UNITED STATES DISTRICT JUDGE
n
M. Che
Edward
Judge

RT

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7/15/13
DATED: _________________________

NO

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S DISTRICT
TE
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PURSUANT TO STIPULATION, IT IS SO ORDERED. A
T

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ORDER

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856706_1

STIPULATION AND [PROPOSED] ORDER SETTING CASE MANAGEMENT
CONFERENCE AND EXTENDING DISCOVERY STAY - C11-02448-EMC

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CERTIFICATE OF SERVICE
I hereby certify that on July 11, 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 July 11, 2013.
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856706_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
The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing).
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Robert
J. Dyer
Dyer & Berens LLP
303 East 17th Avenue, Suite 300
Denver, CO 80203

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, III

7/11/2013