Cassiman v. Petersen et al

Filing 20

STIPULATION AND ORDER REGARDING PLAINTIFFS' CONSOLIDATED COMPLAINT AND BRIEFING SCHEDULE. Signed by Judge Richard Seeborg on 2/1/13. (cl, COURT STAFF) (Filed on 2/1/2013)

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 REGARDING PLAINTIFFS'
CONSOLIDATED COMPLAINT AND
BRIEFING SCHEDULE

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STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS' CONSOLIDATED COMPLAINT
AND BRIEFING SCHEDULE
CASE NO. C-12-05556-RS

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WHEREAS, on January 23, 2013, the parties to this consolidated action submitted a

2 stipulation to the Court which provided, among other things, that: (i) the then-scheduled Case
3 Management Conference ("CMC") be vacated and reset to occur on the same date as the hearing
4 on Defendants' anticipated motion to dismiss; (ii) Plaintiffs will file their consolidated complaint
5 ("Consolidated Complaint") within 21 days after nominal defendant OCZ Technology Group,
6 Inc. ("OCZ" or the "Company") files its financial statements for the first quarter of fiscal 2013
7 with the U.S. Securities and Exchange Commission; and (iii) Defendants will respond to the
8 Consolidated Complaint within forty-five days after service;
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WHEREAS, the Court approved the parties' stipulation and entered an order that same

10 day; and
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WHEREAS, the parties have conferred and agree that it is in the best interests of the

12 Company to not delay the filing of Plaintiffs' Consolidated Complaint.
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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to Court

14 approval, by Plaintiffs and Defendants, through their respective counsel of record, as follows:
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1.

Plaintiffs shall file their Consolidated Complaint on or before February 13, 2013,

16 unless otherwise agreed upon by the parties or ordered by the Court.
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2.

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

18 after service, unless otherwise agreed by the parties or ordered by the Court. In the event that
19 defendants file any motions directed at the Consolidated Complaint, the opposition and reply
20 briefs shall be filed within forty-five and twenty-one days, respectively, of the motions, unless
21 otherwise agreed upon by the parties or ordered by the Court. The parties agree to confer to
22 select a hearing date for any such motions.
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3.

The initial CMC for this consolidated action will be scheduled to occur on the

24 same date as the hearing on Defendants' anticipated motion to dismiss, and the parties will
25 submit a Joint Case Management Statement at least one week prior to the initial CMC.
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-1STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS' CONSOLIDATED COMPLAINT
AND BRIEFING SCHEDULE
CASE NO. C-12-05556-RS

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Dated: February 1, 2013

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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]

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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]
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: February 1, 2013

WILSON SONSINI GOODRICH & ROSATI
BORIS FELDMAN
DIANE WALTERS
s/ Diane Walters
DIANE WALTERS

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650 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]
-2STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS' CONSOLIDATED COMPLAINT
AND BRIEFING SCHEDULE
CASE NO. C-12-05556-RS

[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: February 1, 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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I, George C. Aguilar, am the ECF User whose ID and password are being used to file this

13 Stipulation and [Proposed] Order Regarding Plaintiffs' Consolidated Complaint and Briefing
14 Schedule. In compliance with General Order No. 45, X.B., I hereby attest that Diane Walters
15 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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2/1/13
DATED

HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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834350

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-3STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS' CONSOLIDATED COMPLAINT
AND BRIEFING SCHEDULE
CASE NO. C-12-05556-RS