Browning v. Amyris, Inc. et al

Filing 30

STIPULATION AND ORDER REGARDING RELATED CASE re 28 STIPULATION WITH PROPOSED ORDER. Signed by Judge William H. Orrick on 09/13/2013. (jmdS, COURT STAFF) (Filed on 9/16/2013)

1

6

KEKER & VAN NEST LLP
SUSAN J. HARRIMAN - # 111703
[e-mail]
MICHAEL D. CELIO - # 197998
[e-mail]
LAURIE CARR MIMS - # 241584
[e-mail]
633 Battery Street
San Francisco, CA 94111-1809
Telephone:
415 391 5400
Facsimile:
415 397 7188

7

Attorneys for Defendants AMYRIS, INC. and JOHN G. MELO

2
3
4
5

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11
12
13
14
15
16

DAVID BROWNING, individually and on
behalf of all others similarly situated,
Plaintiff,
v.

Case No. 3:13-CV-02209-WHO
STIPULATION AND
ORDER REGARDING RELATED CASE
Judge:

AMYRIS, INC. and JOHN G. MELO,
Defendants.

Hon. William H. Orrick

Date Filed: May 14, 2013
Trial Date: None

17
18
19
20
21
22
23
24
25
26
27
28

779608.01

STIPULATION AND ORDER REGARDING RELATED CASE
Case No. 3:13-CV-02209-WHO

STIPULATION

1
2
3
4

WHEREAS, this action, Browning v. Amyris, et al., Case No. 3:13-CV-2209-WHO (the
“Securities Action”), has been assigned to this Court since May 14, 2013;
WHEREAS, a newly-filed action, Shannon v. Melo, et al., Case No. 3:13-CV-3694-EMC

5

filed on August 8, 2013(the “Derivative Action”), has been assigned to a different judge, the

6

Honorable Edward M. Chen, in this District;

7

WHEREAS, Defendants Amyris, Inc. and John Melo concurrently with this Stipulation

8

have filed an Administrative Motion To Consider Whether Cases Should Be Related

9

(“Administrative Motion”);

10

WHEREAS, for the reasons set forth in the Administrative Motion, the parties to this

11

action, Browning v. Amyris, et al., Case No. 3:13-CV-2209-WHO, agree that it and the newly-

12

filed action, Shannon v. Melo, et al., Case No. 3:13-CV-3694-EMC, are “related cases” within the

13

meaning of Civil Local Rule 3-12 and suggest and jointly request that the Derivative Action be

14

related to the Securities Action;

15

WHEREAS, this action is the earliest-filed case;

16

WHEREAS, the parties suggest and jointly request the Derivative Action be related to the

17
18
19
20
21
22
23
24
25
26
27

Securities Action; and
WHEREAS, the parties suggest and jointly request that the Derivative Action be
transferred and reassigned to The Honorable William H. Orrick for all purposes.
IT IS HEREBY STIPULATED AND AGREED that:
1.

This Court should determine that this action, Browning v. Amyris, et al., Case No.

3:13-CV-2209-WHO, and Shannon v. Melo, et al., Case No. 3:13-CV-3694-EMC are related
cases under Civil Local Rule 3-12; and
2.

Shannon v. Melo, et al., Case No. 3:13-CV-3694-EMC should be re-assigned to

this Court.
SO STIPULATED.

28
1

779608.01

STIPULATION AND ORDER REGARDING RELATED CASE
Case No. 3:13-CV-02209-WHO

1

DATED: September 12, 2013

KEKER & VAN NEST LLP

2
By:

3
4
5

/s/ Michael D. Celio
SUSAN J. HARRIMAN
MICHAEL D. CELIO
LAURIE CARR MIMS
Attorneys for Defendants AMYRIS, INC.
and JOHN G. MELO

6
7
8
9
10
11

DATED: September 12, 2013

MILBERG LLP
By:

12
13
14
15

/s/ David Azar
DAVID AZAR
One California Plaza
300 S. Grand Avenue, Suite 3900
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff David Browning and
Lead Counsel for Class

16

BRODSKY & SMITH, LLC
EVAN J. SMITH
9595 Wilshire Blvd., Ste. 900
Beverly Hills, CA 90212
Telephone: [phone]
Facsimile: [phone]

17
18
19
20

Attorneys for Plaintiff Steven Tsao and
Lead Counsel for Class

21
22
23
24
25
26
27
28
2

779608.01

STIPULATION AND ORDER REGARDING RELATED CASE
Case No. 3:13-CV-02209-WHO

1
2
3
4
5
6

DECLARATION OF MICHAEL D. CELIO
I, Michael D. Celio am the ECF User whose ID and password are being used to file this
Stipulation and [Proposed] Order to Relate Cases. In compliance with Local Rule 5-1(i)(3), I
hereby attest that the concurrence of the filing of this document has been obtained from each of
the other signatories indicated by a “conformed” signature (/s/) within this document.

7
/s/ Michael D. Celio

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

779608.01

STIPULATION AND ORDER REGARDING RELATED CASE
Case No. 3:13-CV-02209-WHO

1

ORDER

2
3
4
5

The Court has considered the Administrative Motion to Consider Whether Cases Should
Be Related and the above Stipulation, and for good cause appearing therefore, the Court hereby
ORDERS as follows:
A. IT IS ORDERED that the case entitled Shannon v. Melo, et al., Case No. 3:13-CV-

6
7

3694-EMC is related to Browning v. Amyris, et al., Case No. 3:13-CV-2209-WHO

8

pursuant to Civil Local Rule 3-12.

9

B. IT IS FURTHER ORDERED that Shannon v. Melo, et al., Case No. 3:13-CV-3694-

10

EMC is transferred and reassigned to the Honorable William H. Orrick for all

11

purposes.

12

Pursuant to Local Rule 3-12(f), the Clerk of the Court is directed to notify the parties once

13
14

the above mentioned case is formally transferred and reassigned to the Honorable William H.

15

Orrick.

16

PURSUANT TO STIPULATION, IT IS SO ORDERED.

17
18
19
20
21

Dated: September 13, 2013

THE HONORABLE WILLIAM H. ORRICK
United States District Court Judge

22
23
24
25
26
27
28
4

779608.01

STIPULATION AND ORDER REGARDING RELATED CASE
Case No. 3:13-CV-02209-WHO