Schulthes v. Netflix Inc et al

Filing 11

STIPULATION AND ORDER re 10 Extending Defendants' Time to Respond to Class Action Complaint and Continuing Case Management Conference filed by David Wells, Netflix Inc, Reed Hastings Case Management Statement due by 7/5/2013. Case Management Conference set for 7/11/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge EDWARD M. CHEN on 4/8/13. (bpf, COURT STAFF) (Filed on 4/8/2013)

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KEITH E. EGGLETON, State Bar No. 159842
Email: [e-mail]
RODNEY G. STRICKLAND, State Bar No. 161934
Email: [e-mail]
LUKE A. LISS, State Bar No. 247520
Email: [e-mail]
PHILIP K. RUCKER, State Bar No. 281318
Email: [e-mail]
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
Netflix, Inc., Reed Hastings and David Wells

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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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MARTIN SCHULTHES,
INDIVIDUALLY AND ON BEHALF OF ALL
OTHERS SIMILARLY SITUATED,

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Plaintiff,
v.
NETFLIX, INC., REED HASTINGS AND
DAVID WELLS,

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Defendants.
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STIPULATION AND [PROPOSED] ORDER
EXTENDING DEFENDANTS’ TIME TO
RESPOND TO CLASS ACTION COMPLAINT AND
CONTINUING CASE MANAGEMENT CONFERENCE
CASE NO.: 3:13-CV-00712-EMC

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CASE NO.: 3:13-cv-00712-EMC
STIPULATION AND [PROPOSED]
ORDER EXTENDING
DEFENDANTS’ TIME TO
RESPOND TO CLASS ACTION
COMPLAINT AND CONTINUING
CASE MANAGEMENT
CONFERENCE

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WHEREAS, plaintiff Martin Schulthes (“Plaintiff”) filed a purported Class Action

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Complaint for Violations of the Federal Securities Laws (the “Complaint”) against defendants

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Netflix, Inc., Reed Hastings, and David Wells (collectively, “Defendants”) in the above-entitled

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matter on February 19, 2013;

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WHEREAS, based on the date on which the Complaint was served, Defendants’ response
to the Complaint currently is due on or before April 22, 2013;
WHEREAS, pursuant to the Court’s February 19, 2013 Order Setting Initial Case

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Management Conference and ADR Deadlines, the Initial Case Management Conference is

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scheduled for May 23, 2013;

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WHEREAS, the Complaint sets forth claims under the federal securities laws that are

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subject to the procedural requirements of the Private Securities Litigation Reform Act of 1995

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(“PSLRA”), including those set forth in 15 U.S.C. § 78u-4;

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WHEREAS, the PSLRA requires that, after filing a securities class action, the plaintiff

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must give notice of the action to allow other interested shareholders the opportunity to file

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motions for appointment as lead plaintiff (see 15 U.S.C. § 78u-4(a)(3)) and, thereafter, that the

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Court appoint a lead plaintiff;

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WHEREAS, to avoid unnecessary expenditure of judicial resources or effort by the

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parties and the Court, counsel for Plaintiff and Defendants have agreed (1) that Defendants do

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not need to respond to the Complaint prior to the Court’s appointment of lead plaintiff and (2) to

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continue the Initial Case Management Conference until after a lead plaintiff has been appointed

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to represent the alleged class.

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NOW, THEREFORE, it is hereby stipulated and agreed by the undersigned counsel for
Plaintiff and counsel for Defendants as follows:
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Defendants are not required to respond to the Complaint by April 22, 2013, or at

any time prior to the Court’s appointment of a lead plaintiff.
2.

After the appointment of lead plaintiff, counsel for the lead plaintiff and counsel

for Defendants shall forthwith attempt to stipulate to and present to the Court for approval a

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STIPULATION AND [PROPOSED] ORDER
EXTENDING DEFENDANTS’ TIME TO
RESPOND TO CLASS ACTION COMPLAINT AND
CONTINUING CASE MANAGEMENT CONFERENCE
CASE NO.: 3:13-CV-00712-EMC

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schedule by which Defendants shall respond to the Complaint, or any amended complaint, as

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applicable.

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3.

The Initial Case Management Conference, currently scheduled for May 23, 2013,

is hereby adjourned to such other date and time as this Court shall order.

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Dated: April 2, 2013

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WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]

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By:

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/s/ Luke A. Liss
Luke A. Liss
[e-mail]

Attorneys for Defendants Netflix Inc., Reed
Hastings and David Wells

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I, Luke A. Liss, am the ECF User whose ID and password are being used to file this
STIPULATION AND [PROPOSED] ORDER EXTENDING DEFENDANTS’ TIME TO
RESPOND TO CLASS ACTION COMPLAINT AND CONTINUING CASE MANAGEMENT
CONFERENCE. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that the signatory below
has concurred in this filing.

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Dated: April 2, 2013

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ROSENFARB LAW FIRM
825 Third Avenue, 4th Floor
New York, NY 10022
Telephone: [phone]

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By:

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Attorneys for Plaintiff Martin Schulthes

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/s/ Jorge A. Amador
Jorge A. Amador
[e-mail]

STIPULATION AND [PROPOSED] ORDER
EXTENDING DEFENDANTS’ TIME TO
RESPOND TO CLASS ACTION COMPLAINT AND
CONTINUING CASE MANAGEMENT CONFERENCE
CASE NO.: 3:13-CV-00712-EMC

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[PROPOSED] ORDER

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DATED:

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dwa
Judge E

ER

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STIPULATION AND [PROPOSED] ORDER
EXTENDING DEFENDANTS’ TIME TO
RESPOND TO CLASS ACTION COMPLAINT AND
CONTINUING CASE MANAGEMENT CONFERENCE
CASE NO.: 3:13-CV-00712-EMC

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RDERE
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United States District Judge

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S DISTRICT
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Honorable Edward M. Chen
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4/8/13

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The CMC is
rescheduled to 7/11/13 at 9:00 a.m. A joint CMC Statement shall be filed by 7/5/13.

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