Scandlon v. Blue Coat Systems, Inc. et al

Filing 43

STIPULATION AND ORDER RE 42 SETTING DATE FOR FILING OF AMENDED CLASS ACTION COMPLAINT; ESTABLISHING BRIEFING SCHEDULE FOR RESPONSIVE MOTIONS AND CONTINUING CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 9/6/2012 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 12/22/11. (cl, COURT STAFF) (Filed on 12/22/2011)

*E-Filed 12/22/11*

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Nicole Lavallee (SBN 165755)
Anthony D. Phillips (SBN 259688)
BERMAN DEVALERIO
One California Street, Suite 900
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Liaison Counsel for Lead Plaintiff
Inter-Local Pension Fund and
Proposed Liaison Counsel for the Class
Mark S. Willis
SPECTOR ROSEMAN KODROFF &
WILLIS, P.C.
1101 Pennsylvania Avenue, NW
Suite 600
Washington, DC 20004
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Lead Plaintiff
Inter-Local Pension Fund and
Proposed Lead Counsel for the Class

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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

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ROBERT A. SCANDLON, JR., On behalf of
Himself and All Others Similarly Situated,

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Plaintiff,
v.
BLUE COAT SYSTEMS, INC., BRIAN M.
NESMITH and GORDON C. BROOKS,
Defendants.

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No. CV 11-04293 (RS)
STIPULATION AND [PROPOSED]
ORDER (1) SETTING DATE FOR
FILING OF AMENDED CLASS
ACTION COMPLAINT
(2) ESTABLISHING BRIEFING
SCHEDULE FOR RESPONSIVE
MOTION(S) AND (3) CONTINUING
CASE MANAGEMENT
CONFERENCE AS MODIFIED BY THE
COURT
CLASS ACTION

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[CV 11-04293 (RS)] STIP. & PROP. ORDER RE: FILING AM. COMPL., BRIEFING SCHEDULE, AND CMC

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Lead Plaintiff the Inter-Local Pension Fund of the Graphic Communications Conference

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of the International Brotherhood of Teamsters (“Lead Plaintiff” or “Inter-Local Pension Fund”)

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and defendants Blue Coat Systems, Inc., Brian M. NeSmith and Gordon C. Brooks

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(“Defendants”), by and through their respective counsel hereby recite and stipulate, subject to

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Court approval, as follows concerning the filing of an amended class complaint (“Amended

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Complaint”), the briefing schedule for any responsive motions and the continuance of the Case

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Management Conference scheduled for February 2, 2012.

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RECITALS

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WHEREAS plaintiff Robert Scandlon (“Scandlon”) filed a securities class action

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complaint (“Initial Complaint”) on August 30, 2011 (Docket Number (“Dkt.”) 1), alleging that

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Defendants violated federal securities laws;

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WHEREAS the Initial Complaint alleged claims arising under the Private Securities
Litigation Reform Act of 1995 (“PSLRA”);

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WHEREAS on October 31, 2011, in accordance with procedures set forth in the

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PSLRA, Scandlon and the Inter-Local Pension Fund each filed competing motions to Appoint

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Lead Plaintiff and Lead Counsel (Dkt. 13 and 23);

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WHEREAS, on December 12, 2011, the Court granted the Inter-Local Pension Fund’s

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motion appointing it Lead Plaintiff and appointing Spector Roseman Kodroff & Willis, P.C. as

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lead counsel and Berman DeValerio as liaison counsel (Dkt. 41);

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WHEREAS counsel for Lead Plaintiff and Defendants have conferred and the parties

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have reached agreement, subject to Court approval, as to a schedule for the filing by Lead

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Plaintiff of an amended class action complaint (“Amended Complaint”) and the filing by

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Defendants of motions to dismiss the Amended Complaint;

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WHEREAS the parties further agree that it will serve the interests of justice and judicial

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economy to continue the scheduled Case Management Conference, currently set for February 2,

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2012, until after the Court has ruled on all motions filed in response to the Amended Complaint;

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[CV 11-04293 (RS)] STIP. & PROP. ORDER RE: FILING AM. COMPL., BRIEFING SCHEDULE, AND CMC

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[PROPOSED] ORDER

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IT IS HEREBY ORDERED that:
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Lead Plaintiff the Inter-Local Pension Fund of the Graphic Communications

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Conference of the International Brotherhood of Teamsters shall file and serve the

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Amended Complaint on or before February 17, 2012.

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2.

Complaint on or before April 17, 2012.

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3.

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5.

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The clerk shall remove the Case Management Conference scheduled for
February 2, 2012 at 10:00 a.m. from the Court’s calendar.

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Defendants shall file and serve any reply to Lead Plaintiff’s reply on or before
July 18, 2012.

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Lead Plaintiff shall file and serve any opposition to Defendants’ responsive
motion(s) on or before June 15, 2012.

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Defendants shall file and serve any responsive motion(s) to the Amended

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The Court will schedule a new Case Management Conference after ruling on the
Initial Case Management Conference set for September 6, 2012 at 10:00 a.m.
motions responsive to the Amended Complaint contemplated above.

PURSUANT TO STIPULATION, IT IS SO ORDERED

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12/22/11
DATED: __________________

________________________________________
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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[CV 11-04293 (RS)] STIP. & PROP. ORDER RE: FILING AM. COMPL., BRIEFING SCHEDULE, AND CMC

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