Riccardi v. Lynch et al

Filing 328

ORDER On Shareholder Copeland's Motion to Shorten Time by Magistrate Judge Elizabeth D. Laporte: denying 321 Motion. (shyS, COURT STAFF) (Filed on 3/25/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 IN RE HEWLETT-PACKARD COMPANY SHAREHOLDER DERIVATIVE LITIGATION 8 9 Case No. 12-cv-06003-CRB (EDL) THIS DOCUMENT RELATES TO: 7 ORDER ON SHAREHOLDER COPELAND'S MOTION TO SHORTEN TIME ALL ACTIONS 10 Re: Dkt. No. 321 United States District Court Northern District of California 11 12 On March 20, 2015, Shareholder Copeland filed a motion seeking an order for discovery in 13 14 connection with the third amended and restated stipulation of settlement (“Discovery Motion”) 15 and a motion to shorten time on the hearing of the Discovery Motion. On March 24, 2015, 16 Defendant Hewlett-Packard Company (“Defendant HP”) opposed the motion to shorten time. The 17 next day, Lead Plaintiff Stanley Morrical also opposed the motion.1 Shareholder Copeland’s 18 motion to shorten time violates Civil Local Rules 6-3(a)(4)(i) and 37-1(a), which require counsel 19 to “have previously conferred for the purpose of attempting to resolve all disputed issues” prior to 20 bringing a motion to shorten time on a discovery dispute. Furthermore, Defendant HP represents 21 that it is willing to meet and confer with Shareholder Copeland and to respond to his document 22 requests and interrogatories. (Dkt. 325-1 (Wolinsky Decl.) ¶¶ 11, 13.) Nevertheless, the Court is 23 mindful of the time constraints identified in Shareholder Copeland’s motion. Therefore, 24 Shareholder Copeland’s motion to shorten time is DENIED without prejudice to a renewed motion 25 if counsel are unable to promptly meet and confer meaningfully, in good faith on the discovery 26 27 28 1 Plaintiff Morrical’s opposition is untimely. See Civil Local Rule 6-3(b) (“a party who opposes a motion to enlarge or shorten time must file an opposition . . . no later than 4 days after receiving the motion”). 1 2 3 requests. IT IS SO ORDERED. Dated: March 25, 2015 ______________________ ELIZABETH D. LAPORTE United States Magistrate Judge 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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