Salhuana v. Diamond Foods, Inc. et al

Filing 22

ORDER (1) SCHEDULING HEARING ON MOTIONS TO APPOINT LEAD PLAINTIFF, (2) REQUESTING INFORMATION FROM LEAD-PLAINTIFF CANDIDATES; (3) SETTING BRIEFING SCHEDULE. Signed by Judge Alsup on January 5, 2012. (Attachments: # 1 Appendix Questionnaire to Lead-Plaintiff Candidates)(whalc2, COURT STAFF) (Filed on 1/5/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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JORGE SALHUANA, individually and on
behalf of all others similarly situated,
Plaintiff,

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No. C 11-05386 WHA

ORDER (1) SCHEDULING HEARING
ON MOTIONS TO APPOINT LEAD
PLAINTIFF, (2) REQUESTING
INFORMATION FROM LEAD
PLAINTIFF CANDIDATES, (3)
SETTING BRIEFING SCHEDULE

v.

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DIAMOND FOODS, INC, MICHAEL J.
MENDES, and STEVEN M. NEIL,

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Defendants.
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AND RELATED ACTIONS
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All motions to appoint lead plaintiff shall be heard on FEBRUARY 23, 2012, AT 2 P.M. in

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Courtroom 8, 19th Floor, 450 Golden Gate Avenue, San Francisco, California. As opposed to

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“group” candidates, the Court wishes to evaluate the qualifications of single investors, either

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institutional investors or individuals, to serve as lead plaintiff. See In re Network Assocs., Inc.,

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Sec. Litig., 76 F. Supp. 2d 1017, 1019–27 (N.D. Cal. 1999). The Court is particularly interested

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in considering single investors with large losses and in evaluating their experience in managing

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litigation. Any “group” of movants must narrow its candidates to one or two single investors and

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file answers to the appended questionnaire by FEBRUARY 9, 2012, including the certification

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called for therein. Each candidate must attend the hearing on FEBRUARY 23, 2012, and be

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prepared to answer questions.

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All motions to appoint lead plaintiff must be timely filed under 15 U.S.C. 78u-4(a)(3) and

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must be supplemented by the appended questionnaire and certification. All opposition briefs shall

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be filed and served by FEBRUARY 9, 2012. Any reply briefs shall be filed and served by

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FEBRUARY 16, 2012, and shall not exceed ten pages. Each party shall submit only one opposition

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brief, responding to all other pending motions, and only one reply brief. All questionnaires and

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other submissions shall be served on all counsel named on the Court’s certificate of service.

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Applications for class counsel shall be deferred until after the lead plaintiff has been

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appointed.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: January 5, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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