Cassiman v. Petersen et al

Filing 14

STIPULATION AND ORDER CONSOLIDATING ACTIONS AND RELATED MATTERS. Signed by Judge Richard Seeborg on 1/14/13. (cl, COURT STAFF) (Filed on 1/14/2013)

1 ROBBINS ARROYO LLP
BRIAN J. ROBBINS (190264)
2 [e-mail]
GEORGE C. AGUILAR (126535)
3 [e-mail]
LAUREN N. OCHENDUSZKO (274227)
4 [e-mail]
600 B Street, Suite 1900
5 San Diego, CA 92101
Telephone: [phone]
6 Facsimile: (619) 525- 3991
7 Proposed Co-Lead Counsel and Counsel for
Plaintiffs Ian Cassiman and Clair Vanderschaaf
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9 [Additional Counsel on Signature Page]
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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IAN CASSIMAN, Derivatively on Behalf
of OCZ TECHNOLOGY GROUP, INC.,
Plaintiff,
v.
RYAN M. PETERSEN, ARTHUR F.
KNAPP, JR., RALPH H. SCHMITT,
ADAM J. EPSTEIN, RICHARD L.
HUNTER, and RUSSELL J. KNITTEL,
Defendants,
-andOCZ TECHNOLOGY GROUP, INC., a
Delaware corporation,
Nominal Defendant.

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Case No.: C-12-05556-RS
STIPULATION CONSOLIDATING
ACTIONS AND RELATED MATTERS
AND [PROPOSED] ORDER THEREON

Judge: Hon. Richard Seeborg

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STIPULATION CONSOLIDATING ACTIONS & RELATED MATTERS & [PROPOSED] ORDER THEREON
CASE NO. C-12-05556-RS

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CLAIR VANDERSCHAAF, Derivatively
on Behalf of OCZ TECHNOLOGY
GROUP, INC.,

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Plaintiff,
v.
RYAN M. PETERSEN, ARTHUR F.
KNAPP, JR., RALPH H. SCHMITT,
ADAM J. EPSTEIN, RICHARD L.
HUNTER, and RUSSELL J. KNITTEL,

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Defendants,
-andOCZ TECHNOLOGY GROUP, INC., a
Delaware corporation,

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Nominal Defendant.

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ROBERT L. MORTON, Derivatively on
Behalf of OCZ TECHNOLOGY GROUP,
ING.
Plaintiff,
v.
RALPH H. SCHMITT, ADAM J.
EPSTEIN, RICHARD L. HUNTER,
RUSSELL J. KNITTEL, RYAN M.
PETERSEN and ARTHUR F. KNAPP, JR.,
Defendants,
-andOCZ TECHNOLOGY GROUP, INC., a
Delaware corporation,
Nominal Party.

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Case No.: C-12-06058-RS

Judge: Hon. Richard Seeborg
Case No.: C-12-06343-RS

Judge: Hon. Richard Seeborg

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STIPULATION CONSOLIDATING ACTIONS & RELATED MATTERS & [PROPOSED] ORDER THEREON
CASE NO. C-12-05556-RS

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WHEREAS, there are presently three related shareholder derivative actions against

2 certain of the officers and directors of OCZ Technology Group, Inc. ("OCZ") on file in this
3 Court;
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WHEREAS, in an effort to assure consistent rulings and decisions and the avoidance of

5 unnecessary duplication of effort, counsel for plaintiffs as well as counsel for defendants in the
6 related OCZ shareholder derivative actions currently on file in this Court enter into this
7 stipulation. The counsel are: (1) Robbins Arroyo LLP on behalf of plaintiffs Ian Cassiman and
8 Clair Vanderschaaf; (2) Robbins Geller Rudman & Dowd LLP on behalf of plaintiff Robert L.
9 Morton; (3) and Wilson Sonsini Goodrich & Rosati on behalf of defendants Arthur F. Knapp, Jr.,
10 Ralph H. Schmitt, Adam J. Epstein, Richard L. Hunter, Russell J. Knittel, and nominal defendant
11 OCZ;
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WHEREAS, the parties have met and conferred and agree that the actions should be

13 consolidated under Rule 42(a) of the Federal Rules of Civil Procedure and that consolidation of
14 the actions will promote judicial economy and preserve both public and private resources; and
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WHEREAS, plaintiffs and defendants agree that it would be duplicative and wasteful of

16 the Court's resources for defendants named in plaintiffs' shareholder derivative actions to have to
17 respond to the individual complaints prior to the agreed upon consolidation;
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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by plaintiffs and

19 defendants, through their respective counsel of record, as follows:
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1.

The following actions are hereby related and consolidated for all purposes,

21 including pre-trial proceedings and trial:
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Case Name

Case Number

Date Filed

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Cassiman v. Petersen, et al.

No. C-12-05556-RS

October 29, 2012

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Vanderschaaf v. Petersen, et al. No. C-12-06058-RS

November 29, 2012

No. C-12-06343-RS

December 14, 2012

Morton v. Schmitt, et al.

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-1STIPULATION CONSOLIDATING ACTIONS & RELATED MATTERS & [PROPOSED] ORDER THEREON
CASE NO. C-12-05556-RS

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2.

Every pleading filed in the consolidated action, or in any separate action included

2 herein, shall bear the following caption:
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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IN RE OCZ TECHNOLOGY GROUP,
INC. SHAREHOLDER DERIVATIVE
LITIGATION

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This Document Relates To:

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ALL ACTIONS

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) Lead Case No. C-12-05556-RS
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) (Consolidated with Case Nos. C-12-06058) RS, C-12-06343-RS)
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3.

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The files of the consolidated action shall be maintained in one file under Master

12 File No. C-12-05556-RS.
4.

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Defendants are not required to respond to the complaint in any action

14 consolidated into this action, other than a consolidated complaint or a complaint designated as
15 the operative complaint.
5.

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Plaintiffs shall file a Consolidated Complaint ("Consolidated Complaint") by

17 January 25, 2013, unless otherwise agreed upon by the parties or ordered by the Court. The
18 Consolidated Complaint shall be the operative complaint and shall supersede all complaints filed
19 in any of the actions consolidated herein.

Defendants shall respond to the Consolidated

20 Complaint within sixty days after service, unless otherwise agreed by the parties or ordered by
21 the Court. In the event that defendants file any motions directed at the Consolidated Complaint,
22 the opposition and reply briefs shall be filed within sixty and thirty days, respectively, of the
23 motions, unless otherwise agreed upon by the parties or ordered by the Court. Counsel agrees to
24 confer to select a hearing date.
6.

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The Co-Lead Counsel for plaintiffs for the conduct of these consolidated actions

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-2STIPULATION CONSOLIDATING ACTIONS & RELATED MATTERS & [PROPOSED] ORDER THEREON
CASE NO. C-12-05556-RS

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ROBBINS ARROYO LLP
600 B Street, Suite 1900
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]

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and

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ROBBINS GELLER RUDMAN & DOWD LLP
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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7.

Plaintiffs' Co-Lead Counsel shall have sole authority to speak for plaintiffs in

10 matters regarding pre-trial procedure, trial, and settlement and shall make all work assignments
11 in such manner as to facilitate the orderly and efficient prosecution of this litigation and to avoid
12 duplicative or unproductive effort.
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8.

Plaintiffs' Co-Lead Counsel shall be responsible for coordinating all activities and

14 appearances on behalf of plaintiffs. No motion, request for discovery, or other pre-trial or trial
15 proceedings shall be initiated or filed by any plaintiff except through plaintiffs' Co-Lead
16 Counsel.
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9.

Plaintiffs'

Co-Lead

Counsel

shall

be

available

and

responsible

for

18 communications to and from this Court, including distributing orders and other directions from
19 the Court to counsel.

Plaintiffs' Co-Lead Counsel shall be responsible for creating and

20 maintaining a master service list of all parties and their respective counsel.
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10.

Defendants' counsel may rely upon all agreements made with plaintiffs' Co-Lead

22 Counsel, or other duly authorized representative of plaintiffs' Co-Lead Counsel, and such
23 agreements shall be binding on all plaintiffs.
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11.

Defendants' counsel signing this stipulation shall appear for and accept service on

25 behalf of all their clients who have not already been served.
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12.

Defendants take no position as to the appointment of Co-Lead Counsel.

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-3STIPULATION CONSOLIDATING ACTIONS & RELATED MATTERS & [PROPOSED] ORDER THEREON
CASE NO. C-12-05556-RS

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13.

This Order shall apply to each case, arising out of the same or substantially the

2 same transactions or events as these cases, which is subsequently filed in, remanded to or
3 transferred to this Court.
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14.

When a case which properly belongs as part of the In re OCZ Technology Group,

5 Inc. Shareholder Derivative Litigation, Lead Case No. C-12-05556-RS, is hereafter filed in the
6 Court or transferred here from another court, this Court requests the assistance of counsel in
7 calling to the attention of the clerk of the Court the filing or transfer of any case which might
8 properly be consolidated as part of the In re OCZ Technology Group, Inc. Shareholder
9 Derivative Litigation, Lead Case No. C-12-05556-RS, and Co-Lead Counsel are to assist in
10 assuring that counsel in subsequent actions receive notice of this Order.

All such related

11 derivative actions that are subsequently filed in, or transferred to, this District shall be
12 consolidated into this action.
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15.

Pursuant to Fed. R. Civ. P. 5(b)(2)(E)-(F), service by e-mail transmission shall be

14 permitted in addition to service via ECF notification. For non-CM/ECF participants, service
15 shall be deemed effective upon transmission of the service e-mail.
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Dated: January 8, 2013

ROBBINS ARROYO LLP
BRIAN J. ROBBINS
GEORGE C. AGUILAR
LAUREN N. OCHENDUSZKO
s/ George C. Aguilar
GEORGE C. AGUILAR

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600 B Street, Suite 1900
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Proposed Co-Lead Counsel for Plaintiffs and
Counsel for Plaintiffs Ian Cassiman and Clair
Vanderschaaf

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-4STIPULATION CONSOLIDATING ACTIONS & RELATED MATTERS & [PROPOSED] ORDER THEREON
CASE NO. C-12-05556-RS

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Dated: January 8, 2013

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ROBBINS GELLER RUDMAN
& DOWD LLP
TRAVIS E. DOWNS III
BENNY C. GOODMAN III
ERIK W. LUEDEKE
s/ Travis E. Downs III
TRAVIS E. DOWNS III

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655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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ROBBINS GELLER RUDMAN
& DOWD LLP
SHAWN A. WILLIAMS
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Proposed Co-Lead Counsel for Plaintiffs and
Counsel for Plaintiff Robert L. Morton

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LAW OFFICE OF
ALFRED G. YATES, JR., P.C.
ALFRED G. YATES, JR.
519 Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219
Telephone: [phone]
Facsimile: [phone]

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Counsel for Plaintiff Robert L. Morton

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Dated: January 8, 2013

WILSON SONSINI GOODRICH & ROSATI
BORIS FELDMAN
DIANE WALTERS

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s/ Diane Walters
DIANE WALTERS

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650 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]
[e-mail]
-5STIPULATION CONSOLIDATING ACTIONS & RELATED MATTERS & [PROPOSED] ORDER THEREON
CASE NO. C-12-05556-RS

[e-mail]

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Counsel for defendants Arthur F. Knapp, Jr.,
Ralph H. Schmitt, Adam J. Epstein, Richard L.
Hunter, Russell J. Knittel, and nominal defendant
OCZ Technology Group, Inc.

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I, George C. Aguilar, am the ECF User whose ID and password are being used to file this

6 Stipulation Consolidating Related Actions, Appointing Co-Lead Counsel and Related Matters
7 and [Proposed] Order Thereon. In compliance with General Order No. 45, X.B., I hereby attest
8 that Diane Walters and Travis E. Downs, III have concurred in this filing.
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s/ George C. Aguilar_____
GEORGE C. AGUILAR

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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1/14/13
DATED

HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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821795

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-6STIPULATION CONSOLIDATING ACTIONS & RELATED MATTERS & [PROPOSED] ORDER THEREON
CASE NO. C-12-05556-RS