Board of Trustees of City of Hialeah Employees' Retirement System v. Mendes et al

Filing 39

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)

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 12 13 16 v. MICHAEL MENDES, et al., Defendants. 17 18 19 ORDER CONSOLIDATING ACTIONS AND CASE MANAGEMENT ORDER Plaintiff, 14 15 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. 20 / 21 22 Plaintiff, 23 24 25 v. LAURENCE M. BAER, et al., Defendants. 26 27 28 No. C 11-06417 WHA DAVE LUCIA, and DIAMOND FOODS, INC. Nominal Defendant. / 1 The parties have stipulated that the following derivative actions should be consolidated: 2 C 11-05692 3 4 Board of Trustees of City of Hialeah Employees’ Retirement System v. Mendes, et al. C 11-06417 Lucia v. Baer, et al. 5 The Court finds that consolidation is appropriate. The above-stated cases are consolidated for all 6 purposes, including, but not limited to, discovery, pretrial proceedings, and trial proceedings 7 pursuant to Federal Rule of Civil Procedure 42. 8 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 11 For the Northern District of California Litigation, Case No. CV 11-05692 WHA, and the files of this action shall be maintained in one 10 United States District Court 9 the following caption: 12 13 14 15 In re Diamond Foods, Inc., Derivative Litigation _______________________________________ This Document Relates to: 16 ) ) ) ) ) ) ) ) Case No. 11-CV-05692 (WHA) 17 18 When a pleading is intended to be applicable to some, but not all, of such actions, the docket 19 number for each individual action to which the document is intended to be applicable, shall 20 appear immediately after the words: “This Document Relates to” 21 22 Any action now pending or hereafter filed in this district that arises out of the same facts 23 and claims as alleged in these related actions shall be consolidated for all purposes as the Court 24 becomes aware of them. The parties shall notify the Court of any other action pending or filed 25 outside this district that may be related to the subject matter of these consolidated actions, if and 26 when they become aware of such actions. 27 28 2 1 2 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 3 consolidated herein. Defendants shall respond to the consolidated complaint within 45 days of 4 5 receiving service. Defendants indicated at the case management conference their intention to file 6 a motion to dismiss on several grounds. Defendants shall file one motion to dismiss, noticed on 7 the normal 35-day track, in accordance with the above-stated schedule. 8 Lead plaintiff and lead counsel will not be appointed at this time, as this would be 9 premature. 11 For the Northern District of California United States District Court 10 12 13 IT IS SO ORDERED. Dated: February 16, 2012. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?