Riccardi v. Lynch et al

Filing 331

STIPULATION AND ORDER Regarding Discovery in Connection with the Third Amended and Restated Stipulation of Settlement signed by Magistrate Judge Elizabeth D. Laporte: granting as modified 330 Stipulation. (shyS, COURT STAFF) (Filed on 3/27/2015)

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GREENFIELD & GOODMAN LLC
Richard D. Greenfield (Admitted Pro Hac Vice)
Marguerite R. Goodman
Ilene F. Brookler (SBN 269422)
250 Hudson Street, 8th Floor
New York, NY 10013
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Shareholder
A.J. Copeland

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(Additional counsel on signature page)
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
IN RE HEWLETT-PACKARD
COMPANY SHAREHOLDER
DERIVATIVE LITIGATION
This Document Relates To:

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ALL ACTIONS.
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) Master File No. C-12-6003-CRB (EDL)
)
) STIPULATION AND [PROPOSED] ORDER
) REGARDING DISCOVERY IN
) CONNECTION WITH THE THIRD
) AMENDED AND RESTATED
) STIPULATION OF SETTLEMENT AS
) MODIFIED
)
)
)
)
)
)

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STIPULATION AND [PROPOSED] ORDER
REGARDING DISCOVERY IN CONNECTION
WITH THE THIRD AMENDED AND RESTATED
STIPULATION OF SETTLEMENT
Master File No. C-12-6003-CRB (EDL)

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STIPULATION

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WHEREAS, A.J. Copeland, a shareholder of Hewlett-Packard Company (“HP”

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or the “Company”), has moved the Court for an order permitting Mr. Copeland to take

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discovery, including serving the attached document requests and interrogatories, which

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he asserts is necessary for a meaningful record for the final approval hearing on July 24,

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2015;

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WHEREAS, on March 25, 2015, the Court denied such motion without
prejudice;
WHEREAS, counsel for the HP and Plaintiff subsequently conferred with
counsel for Mr. Copeland; and
WHEREAS, the participants have agreed to resolve the issue raised by the

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motion as to whether Mr. Copeland may serve the attached discovery requests upon HP

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and Plaintiff, subject to Order of the Court, as follows:

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1.

as Exhibit B (collectively “Discovery”) shall be deemed served on HP and

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Plaintiff.

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The Document Requests attached hereto as Exhibit A and Interrogatories

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HP and Plaintiff, through their respective counsel, shall serve their
objections, if any, to such Discovery within 14 days following service.

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3.

HP and Plaintiff shall otherwise respond to the Discovery within 21 days

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following service.
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4.

Counsel for Mr. Copeland, HP and Plaintiff shall “meet and confer”

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within 7 days following service of any such objections and additional
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responses to Discovery to determine whether the objections can be
withdrawn or limited and in an attempt to resolve any disputes regarding
the responses to the Discovery, generally.

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STIPULATION AND [PROPOSED] ORDER
REGARDING DISCOVERY IN CONNECTION
WITH THE THIRD AMENDED AND RESTATED
STIPULATION OF SETTLEMENT
Master File No. C-12-6003-CRB (EDL)

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5.

To the extent there are any remaining disagreements regarding the

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Discovery and/or the objections thereto, Mr. Copeland shall promptly

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move the Court for relief, such motion to be made returnable 14 Days

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following service thereupon. the parties shall file a joint letter no later than

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five business days after the meet and confer session, unless otherwise

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directed by the court. Lead trial counsel for each party must sign the letter,

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which shall include an attestation that the parties met and conferred in

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person or by telephone regarding all issues prior to filing the letter. Going

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issue-by-issue, the joint letter shall describe each unresolved issue,

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summarize each party’s position with appropriate legal authority, and
provide each party’s final proposed compromise before moving to the next
issue. The joint letter shall not exceed eight pages (12-point font or
greater; margins no less than one inch) without leave of court. Parties are

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expected to plan for and cooperate in preparing the joint letter so that each
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side has adequate time to address the arguments. If a joint letter is not
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possible, each side may submit a letter not to exceed three pages, which
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shall include an explanation of why a joint letter was not possible. The
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parties shall submit one exhibit that sets forth each disputed discovery
request in full, followed immediately by the objections and/or responses

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thereto. No other information shall be included in the exhibit. No other

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exhibits shall be submitted without prior court approval. The court will

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review the submission(s) and determine whether formal briefing or

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proceedings are necessary.

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IT IS SO STIPULATED.

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Dated: March 27, 2015

Attorneys for Shareholder A.J. Copeland

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By:
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/s/ Richard D. Greenfield
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STIPULATION AND [PROPOSED] ORDER
REGARDING DISCOVERY IN CONNECTION
WITH THE THIRD AMENDED AND RESTATED
STIPULATION OF SETTLEMENT
Master File No. C-12-6003-CRB (EDL)

Richard D. Greenfield (pro hac vice)
Ilene F. Brookler (SBN 269422)
Marguerite R. Goodman
GREENFIELD & GOODMAN, LLC
250 Hudson Street, 8th Floor
New York, NY 10013
Tel: [phone]
[e-mail]
[e-mail]
[e-mail]

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Dated: March 27, 2015

Attorneys for Defendant
HEWLETT-PACKARD COMPANY

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By:
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/s/ Marc Wolinsky
WACHTELL, LIPTON, ROSEN & KATZ
MARC WOLINSKY (pro hac vice)
GEORGE T. CONWAY III (pro hac vice)
VINCENT G. LEVY (pro hac vice)
51 West 52nd Street
New York, NY 10019
Tel./Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

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Dated: March 27, 2015
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Attorneys for Lead Counsel for Plaintiff Stanley
Morrical, derivatively on behalf of Hewlett-Packard
Company

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By:

/s/ Mark C. Molumphy
JOSEPH W. COTCHETT (Cal. SBN 36324)
[e-mail]
MARK C. MOLUMPHY (Cal. SBN
168009)
[e-mail]
NANCY L. FINEMAN (Cal. SBN: 124870)
[e-mail]
COTCHETT, PITRE & McCARTHY, LLP
840 Malcolm Road, Suite 200
Burlingame, CA 94010
Telephone: [phone]
Facsimile: [phone]
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STIPULATION AND [PROPOSED] ORDER
REGARDING DISCOVERY IN CONNECTION
WITH THE THIRD AMENDED AND RESTATED
STIPULATION OF SETTLEMENT
Master File No. C-12-6003-CRB (EDL)

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[PROPOSED] ORDER
Pursuant to the foregoing stipulation, and good cause appearing,
IT IS SO ORDERED AS MODIFIED.

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Date: March 27, 2015

________________________________
Elizabeth D. Laporte
United States Magistrate Judge

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STIPULATION AND [PROPOSED] ORDER
REGARDING DISCOVERY IN CONNECTION
WITH THE THIRD AMENDED AND RESTATED
STIPULATION OF SETTLEMENT
Master File No. C-12-6003-CRB (EDL)