Bruce v. Suntech Power Holdings Co., Ltd et al

Filing 122

Stipulation and Order re 120 to Extend Defendant Zhengrong Shi's Time to Answer the Consolidated Second Amended Class Action Complaint. Signed by Judge Richard Seeborg on 8/22/14. (cl, COURT STAFF) (Filed on 8/22/2014)

1 Stephen D. Hibbard (SBN 177865)
SHEARMAN & STERLING LLP
2 Four Embarcadero Center, Suite 3800
San Francisco, CA 94111
3 Telephone: [phone]
Fax: [phone]
4 Email: [e-mail]
5 Attorneys for Defendant Zhengrong Shi
6 [Additional counsel listed on signature page]
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

8
9

SCOTT BRUCE, Individually and on Behalf of
10 All Others Similarly Situated,
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12

Plaintiff,
v.

13 SUNTECH POWER HOLDINGS CO., LTD.
and ZHENGRONG SHI,
14
Defendants.
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Case No. 3:12-cv-04061-RS
STIPULATION AND [PROPOSED]
ORDER TO EXTEND DEFENDANT
ZHENGRONG SHI’S TIME TO
ANSWER THE CONSOLIDATED
SECOND AMENDED CLASS ACTION
COMPLAINT
Judge:

Hon. Richard Seeborg

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STIPULATION AND [PROPOSED] ORDER
TO EXTEND TIME TO ANSWER SAC

Case No. 3:12-cv-04061-RS

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Pursuant to Civil Local Rules 6-2 and 7-12, lead plaintiffs James Bachesta, Thanh Le, and

2 Chen Weifeng (collectively, the “Lead Plaintiffs”) and defendant Zhengrong Shi (together with
3 the Lead Plaintiffs, the “Parties”), by and through their counsel, hereby agree and stipulate that
4 good cause exists to request an order from the Court extending Dr. Shi’s time to answer the
5 Consolidated Second Amended Class Action Complaint (the “SAC”) from the current deadline of
6 September 2, 2014.
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WHEREAS, on August 12, 2014, the Court issued an Order (Dkt. No. 119) denying Dr.

8 Shi’s Motion to Dismiss the SAC and ordering Dr. Shi to “file an answer to the SAC within
9 twenty days”;
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WHEREAS, because the twenty-day period ends on Labor Day, Dr. Shi must file an

11 answer to the SAC on or before September 2, 2014;
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WHEREAS counsel for Dr. Shi require more time to consult with Dr. Shi and prepare the

13 answer than the current schedule allows;
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WHEREAS counsel for Dr. Shi have previously scheduled family vacations that limit their

15 ability to prepare the answer under the current schedule; and
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WHEREAS the proposed deadline of September 30, 2014 would ensure that the answer is

17 filed before the Case Management Conference that the Court has scheduled for October 2, 2014.
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Accordingly, IT IS HEREBY STIPULATED AND AGREED, by the Parties, through their

19 undersigned counsel, subject to Court approval, as follows:
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1.

Dr. Shi’s time to answer the SAC is hereby extended to September 30, 2014.

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2.

Nothing in this Stipulation shall be construed as a waiver of any of Dr. Shi’s rights

22 in law or equity, or as a waiver of any defenses that he would otherwise have.
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3.

There have been no previous modifications to the schedule that the Court set in its

24 August 12, 2014 Order for Dr. Shi to answer the SAC.
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4.

The Parties do not seek to extend Dr. Shi’s time to answer the SAC for the purpose

26 of delay, and the proposed new date will not have an effect on any pre-trial or trial dates because
27 the Court has yet to schedule these dates.
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STIPULATION AND [PROPOSED] ORDER
TO EXTEND TIME TO ANSWER SAC

Case No. 3:12-cv-04061-RS
1

1
2 Dated: August 22, 2014

SHEARMAN & STERLING LLP

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By: /s/ Jerome S. Fortinsky

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Jerome S. Fortinsky (admitted pro hac vice)
H. Miriam Farber (admitted pro hac vice)
599 Lexington Avenue
New York, NY 10022
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

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SHEARMAN & STERLING LLP
Stephen D. Hibbard
Four Embarcadero Center, Suite 3800
San Francisco, CA 94111
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Defendant Zhengrong Shi

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Dated: August 22, 2014

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COHEN MILSTEIN SELLERS & TOLL PLLC
By: /s/ Daniel S. Sommers

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Steven J. Toll
Daniel S. Sommers (admitted pro hac vice)
Joshua M. Kolsky
Elizabeth Aniskevich
1100 New York Avenue, N.W.
West Tower, Suite 500
Washington, D.C. 20005
Telephone: [phone]
Fax: [phone]

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POMERANTZ GROSSMAN HUFFORD
DAHLSTROM & GROSS LLP
Patrick V. Dahlstrom (admitted pro hac vice)
Joshua B. Silverman (admitted pro hac vice)
Louis C. Ludwig (admitted pro hac vice)
10 South LaSalle St., Suite 3505
Chicago, Illinois 60603
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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Co-Lead Counsel for Lead Plaintiffs James Bachesta,
Thanh Le and Chen Weifeng

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STIPULATION AND [PROPOSED] ORDER
TO EXTEND TIME TO ANSWER SAC

Case No. 3:12-cv-04061-RS
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GLANCY BINKOW & GOLDBERG LLP

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Michael M. Goldberg
Lionel Z. Glancy
1925 Century Park East, Suite 2100
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]

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Liaison Counsel for Lead Plaintiffs James Bachesta,
Thanh Le and Chen Weifeng

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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11 DATED:

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August __, 2014

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______________________________
Hon. Richard Seeborg
United States District Judge

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STIPULATION AND [PROPOSED] ORDER
TO EXTEND TIME TO ANSWER SAC

Case No. 3:12-cv-04061-RS
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