Riccardi v. Lynch et al

Filing 299

ORDER denying 267 Motion to Vacate (crblc2, COURT STAFF) (Filed on 2/9/2015)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 United States District Court For the Northern District of California 10 11 IN RE HEWLETT-PACKARD No. 3:12-cv-06003-CRB 12 COMPANY SHAREHOLDER ORDER DENYING MOTION TO VACATE AND VACATING HEARING 13 DERIVATIVE LITIGATION 14 15 THIS DOCUMENT RELATES TO: 16 ALL ACTIONS / 17 18 19 20 21 22 23 24 25 26 27 28 The Court is in receipt of HP shareholder Morris Akerman’s motion for an order vacating the order appointing derivative lead plaintiff and lead counsel and setting a briefing schedule for the filing of new motions to appoint derivative lead plaintiff and lead counsel (dkt. 265). Concurrently pending is a motion for preliminary approval of the Third Amended and Restated Stipulation of Settlement (dkt. 277), on which the Court has yet to rule. In the event Akerman believes the Settlement should not receive preliminary approval because of what he alleges to be the inadequacy of lead counsel or otherwise, his objections should be raised through the preliminary approval process. // // 1 2 3 Accordingly, this motion is DENIED as premature and the hearing scheduled for February 13, 2015, at 10:00 a.m. is VACATED. IT IS SO ORDERED. 4 5 Dated: February 9, 2015 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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