Cassiman v. Petersen et al

Filing 18

STIPULATION AND ORDER RE 16 VACATING CASE MANAGEMENT CONFERENCE AND EXTENDING DEADLINE FOR PLAINTIFF'S CONSOLIDATED COMPLAINT. Signed by Judge Richard Seeborg on 1/23/13. (cl, COURT STAFF) (Filed on 1/23/2013)

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 Co-Lead Counsel for Plaintiffs
8 [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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IN RE OCZ TECHNOLOGY GROUP,
INC. SHAREHOLDER DERIVATIVE
LITIGATION

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This Document Relates To:
ALL ACTIONS

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Lead Case No. C-12-05556-RS
(Consolidated with Case Nos. C-12-06058RS, C-12-06343-RS)
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE AND
EXTENDING DEADLINE FOR
PLAINTIFFS' CONSOLIDATED
COMPLAINT

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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
AND EXTENDING DEADLINE FOR PLAINTIFFS' CONSOLIDATED COMPLAINT
CASE NO. C-12-05556-RS

WHEREAS, three related shareholder derivative actions1 against certain of the officers

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2 and directors of OCZ Technology Group, Inc. ("OCZ" or the "Company") were filed in this
3 Court;
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WHEREAS, on January 14, 2013, the Court entered an order consolidating the Related

5 Actions, appointing Co-Lead Counsel, and setting a deadline of January 25, 2013, for plaintiffs
6 to file a consolidated complaint;
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WHEREAS, the initial Case Management Conference ("CMC") in the Cassiman and

8 Vanderschaaf actions are set for February 7, 2013, and the initial CMC in the Morton Action is
9 set for March 21, 2013;
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WHEREAS, OCZ has announced that it intends to restate its financial results for certain

11 fiscal periods;
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WHEREAS, plaintiffs have requested that the deadline to file the consolidated complaint

13 be extended until after OCZ files its restated financial results with the Securities and Exchange
14 Commission ("SEC"), and defendants have agreed to plaintiffs' request; and
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WHEREAS, the parties have met and conferred regarding the upcoming CMCs and the

16 related ADR and CMC deadlines and agree that, given the current procedural posture, and in
17 particular, the fact that the operative complaint has not yet been filed, the CMC and related CMC
18 and ADR deadlines should be extended as set forth below.
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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to Court

20 approval, by plaintiffs and defendants, through their respective counsel of record, as follows:
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1.

The CMCs scheduled for February 7, 2013, and March 21, 2013, and the related

22 CMC and ADR deadlines, are vacated. The initial CMC for this consolidated derivative action
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The related actions are: (i) Cassiman v. Petersen, et al., No. C-12-05556-RS, filed October 29,
2012 (the "Cassiman Action"); (ii) Vanderschaaf v. Petersen, et al., No. C-12-06058-RS, filed
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November 29, 2012 (the "Vanderschaaf Action"); and (iii) Morton v. Schmitt, et al., No. C-1226 06343-RS, filed December 14, 2012 (the "Morton Action" and, collectively, the "Related
Actions").
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-1STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
AND EXTENDING DEADLINE FOR PLAINTIFFS' CONSOLIDATED COMPLAINT
CASE NO. C-12-05556-RS

1 will be rescheduled to occur on the same date and time as the hearing on defendants' anticipated
2 motion to dismiss, as discussed below.
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2.

The parties shall file a Joint Case Management Statement at least one week prior

4 to the initial CMC.
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3.

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

6 21 days after the Company files with the SEC its financial statements for the first quarter of
7 fiscal 2013, as well as the results for the fiscal year 2012, including any and all restatements,
8 unless otherwise agreed upon by the parties or ordered by the Court.
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4.

Defendants shall respond to the Consolidated Complaint within forty-five days

10 after service, unless otherwise agreed by the parties or ordered by the Court. In the event that
11 defendants file any motions directed at the Consolidated Complaint, the opposition and reply
12 briefs shall be filed within forty-five and twenty-one days, respectively, of the motions, unless
13 otherwise agreed upon by the parties or ordered by the Court. The parties agree to confer to
14 select a hearing date for any such motions.
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Dated: January 23, 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]
ROBBINS GELLER RUDMAN
& DOWD LLP
TRAVIS E. DOWNS III
BENNY C. GOODMAN III
ERIK W. LUEDEKE
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: [phone]
-2STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
AND EXTENDING DEADLINE FOR PLAINTIFFS' CONSOLIDATED COMPLAINT
CASE NO. C-12-05556-RS

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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Co-Lead Counsel for Plaintiffs

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Dated: January 23, 2013

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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]
[e-mail]

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Counsel for Defendants Ralph H. Schmitt, Adam
J. Epstein, Richard L. Hunter, Russell J. Knittel,
and Nominal Defendant OCZ Technology Group,
Inc.

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Dated: January 23, 2013

HOGAN LOVELLS LLP
s/ Norman J. Blears
NORMAN J. BLEARS

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525 University Avenue 4th Floor
Palo Alto, California 94301
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Counsel for Defendant Arthur F. Knapp, Jr.

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-3STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
AND EXTENDING DEADLINE FOR PLAINTIFFS' CONSOLIDATED COMPLAINT
CASE NO. C-12-05556-RS

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

2 Stipulation and [Proposed] Order Continuing Case Management Conference and Extending
3 Deadline for Plaintiffs' Consolidated Complaint. In compliance with General Order No. 45,
4 X.B., I hereby attest that Diane Walters and Norman J. Blears have concurred in this filing.
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s/ George C. Aguilar
GEORGE C. AGUILAR

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* * *

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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1/23/13
DATED

HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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830930

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-4STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
AND EXTENDING DEADLINE FOR PLAINTIFFS' CONSOLIDATED COMPLAINT
CASE NO. C-12-05556-RS