Bonato v. Yahoo! Inc. et al

Filing 61

ORDER Continuing CMC re 60 Stipulation filed by Jerry Yang, Carol A. Bartz, Yahoo! Inc.. Signed by Judge Charles R. Breyer on 9/9/2011. (beS, COURT STAFF) (Filed on 9/9/2011)

Case3:11-cv-02732-CRB Document60

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Filed09/07/11 Page1 of 5

JORDAN ETH (CA SBN 121617)
[e-mail]
ANNA ERICKSON WHITE (CA SBN 161385)
[e-mail]
MARK R.S. FOSTER (CA SBN 223682)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendants
Yahoo! Inc., Carol A. Bartz, and Jerry Yang

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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VINCE BONATO, Individually and on Behalf of
All Others Similarly Situated,

Case No.

3:11-cv-02732-CRB

CLASS ACTION

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Plaintiff,
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v.
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YAHOO! INC., CAROL A. BARTZ and
JERRY YANG,

STIPULATION AND [PROPOSED]
ORDER CONTINUING INITIAL
CASE MANAGEMENT
CONFERENCE UNTIL AFTER THE
COURT APPOINTS LEAD
PLAINTIFF AND LEAD COUNSEL

Defendants.
[Civil L.R. 6-1(b)]

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STIPULATION CONTINUING INITIAL CMC
Case No. 3:11-cv-02732-CRB
sf-3041232

Case3:11-cv-02732-CRB Document60

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Filed09/07/11 Page2 of 5

RECITALS
A.

Named plaintiff Vince Bonato commenced this purported securities class action on

June 6, 2011;
B.

This action is governed by the Private Securities Litigation Reform Act of 1995,

15 U.S.C. § 78u-4 et seq. (the “Reform Act”);
C.

Pursuant to the provisions of the Reform Act, competing motions for appointment

of lead plaintiff and lead counsel were filed on August 5, 2011;

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D.

A hearing on the motions is scheduled for October 14, 2011, at 10:00 a.m.;

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E.

The Initial Case Management Conference (“CMC”) for this action is presently set

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for September 16, 2011, at 8:30 a.m.;
F.

All parties and movants agree that continuing the CMC until after the Court

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appoints a lead plaintiff and lead counsel pursuant to the Reform Act is prudent and will conserve

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party and judicial resources.

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STIPULATION
NOW, THEREFORE, the parties and movants hereby stipulate pursuant to Civil Local
Rule 6-1(b) and subject to Court approval as follows:

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calendar.

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2.

The CMC, presently set for September 16, 2011, at 8:30 a.m., shall be taken off

Defendants will meet and confer with the court-appointed lead counsel within

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fourteen days after the Court makes its appointment to discuss the schedule in this action,

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including the rescheduling of the CMC to a date that is convenient to the Court’s calendar.

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Dated: September 7, 2011

MORRISON & FOERSTER LLP
By:

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/s/ Mark R.S. Foster
Attorneys for Defendants Yahoo! Inc.,
Carol A. Bartz, and Jerry Yang

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STIPULATION CONTINUING INITIAL CMC
Case No. 3:11-cv-02732-CRB
sf-3041232

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Case3:11-cv-02732-CRB Document60

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Dated: September 7, 2011

Filed09/07/11 Page3 of 5

ROBBINS GELLER RUDMAN
& DOWD LLP

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By:

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/s/ Christopher P. Seefer
Attorneys for Plaintiff Vince Bonato
and Proposed Lead Plaintiff the
Pension Trust Fund for Operating
Engineers

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Dated: September 7, 2011

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BERSTEIN LIEBHARD LLP
By:

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/s/ Joseph R. Seidman, Jr.
Attorneys for Proposed Lead Plaintiff
Adar Investment Fund, Ltd.

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Dated: September 7, 2011

SCOTT+SCOTT LLP
By:

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/s/ Joseph D. Cohen
Attorneys for Proposed Lead Plaintiff
Alan Hertz

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Dated: September 7, 2011

HAGENS BERMAN SOBOL SHAPIRO LLP

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By:

/s/ Reed R. Kathrein

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Attorneys for Proposed Lead Plaintiff
Peter Lewis

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Dated: September 7, 2011

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BERMAN DEVALERIO
By:

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/s/ Anthony Phillips
Liaison Counsel for Proposed
Lead Plaintiff Thomas Burriss

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STIPULATION CONTINUING INITIAL CMC
Case No. 3:11-cv-02732-CRB
sf-3041232

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Case3:11-cv-02732-CRB Document60

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Filed09/07/11 Page4 of 5

[PROPOSED] ORDER
Having considered the Joint Stipulation of the parties and movants, and for good cause
shown, IT IS HEREBY ORDERED:

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1.

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calendar.

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2.

The CMC, presently set for September 16, 2011, at 8:30 a.m., shall be taken off

Defendants shall meet and confer with the court-appointed lead counsel within

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fourteen days after the Court makes its appointment to discuss the schedule in this action,

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including the rescheduling of the CMC to a date that is convenient to the Court’s calendar.

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IT IS SO ORDERED.

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Dated: _______________, 2011
September 9

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

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STIPULATION CONTINUING INITIAL CMC
Case No. 3:11-cv-02732-CRB
sf-3041232

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