Board of Trustees of City of Hialeah Employees' Retirement System v. Mendes et al
Filing
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ORDER CONSOLIDATING ACTIONS AND CASE MANAGEMENT ORDER by Judge Alsup granting in part and denying in part (21) Stipulation in case 3:11-cv-06417-WHA; granting in part and denying in part (13) Stipulation in case 3:11-cv-05692-WHA (whalc2, COURT STAFF) (Filed on 2/16/2012)
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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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v.
MICHAEL MENDES, et al.,
Defendants.
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ORDER CONSOLIDATING
ACTIONS AND CASE
MANAGEMENT ORDER
Plaintiff,
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No. C 11-05692 WHA
BOARD OF TRUSTEES OF CITY OF HIALEAH
EMPLOYEES’ RETIREMENT SYSTEM,
derivatively on behalf of Diamond Foods, Inc.,
and
DIAMOND FOODS, INC.
Nominal Defendant.
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Plaintiff,
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v.
LAURENCE M. BAER, et al.,
Defendants.
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No. C 11-06417 WHA
DAVE LUCIA,
and
DIAMOND FOODS, INC.
Nominal Defendant.
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The parties have stipulated that the following derivative actions should be consolidated:
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C 11-05692
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Board of Trustees of City of Hialeah Employees’ Retirement System v.
Mendes, et al.
C 11-06417
Lucia v. Baer, et al.
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The Court finds that consolidation is appropriate. The above-stated cases are consolidated for all
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purposes, including, but not limited to, discovery, pretrial proceedings, and trial proceedings
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pursuant to Federal Rule of Civil Procedure 42.
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The consolidated cases shall be identified as In re Diamond Foods, Inc. Derivative
file under Master File No. 11-05692. Every pleading filed in the consolidated action shall bear
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For the Northern District of California
Litigation, Case No. CV 11-05692 WHA, and the files of this action shall be maintained in one
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United States District Court
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the following caption:
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In re Diamond Foods, Inc., Derivative Litigation
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This Document Relates to:
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Case No. 11-CV-05692 (WHA)
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When a pleading is intended to be applicable to some, but not all, of such actions, the docket
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number for each individual action to which the document is intended to be applicable, shall
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appear immediately after the words: “This Document Relates to”
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Any action now pending or hereafter filed in this district that arises out of the same facts
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and claims as alleged in these related actions shall be consolidated for all purposes as the Court
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becomes aware of them. The parties shall notify the Court of any other action pending or filed
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outside this district that may be related to the subject matter of these consolidated actions, if and
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when they become aware of such actions.
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Plaintiffs shall file a consolidated complaint BY MARCH 1, 2012. The consolidated
complaint shall be the operative complaint and supersede all complaints in any of the actions
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consolidated herein. Defendants shall respond to the consolidated complaint within 45 days of
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receiving service. Defendants indicated at the case management conference their intention to file
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a motion to dismiss on several grounds. Defendants shall file one motion to dismiss, noticed on
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the normal 35-day track, in accordance with the above-stated schedule.
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Lead plaintiff and lead counsel will not be appointed at this time, as this would be
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premature.
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For the Northern District of California
United States District Court
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IT IS SO ORDERED.
Dated: February 16, 2012.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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