Mazzaferro v. Aruba Networks Inc et al

Filing 97

Order by Hon. Vince Chhabria granting 96 Stipulation Regarding Briefing Schedule for Defendants' Motion to Dismiss.(knm, COURT STAFF) (Filed on 10/8/2014)

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IGNACIO E. SALCEDA, State Bar No. 164017
DIANE M. WALTERS, State Bar No. 148136
CHRISTINA N. FILIPP, State Bar No. 287919
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants
ARUBA NETWORKS, INC., DOMINIC P.
ORR, MICHAEL M. GALVIN, and KEERTI
MELKOTE

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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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PAUL MAZZAFERRO, Individually and On
Behalf of All Others Similarly Situated,
Plaintiffs,

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v.
ARUBA NETWORKS, INC., DOMINIC P.
ORR, MICHAEL M. GALVIN, and KEERTI
MELKOTE,
Defendants.

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STIPULATION AND [PROPOSED] ORDER
RE BRIEFING SCHEDULE FOR
DEFENDANTS’ MOTION TO DISMISS
CASE NO. 13-cv-02342-VC

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CASE NO.: 13-cv-02342-VC
CLASS ACTION
STIPULATION AND [PROPOSED]
ORDER REGARDING BRIEFING
SCHEDULE FOR DEFENDANTS’
MOTION TO DISMISS

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WHEREAS, on August 1, 2014, the Court entered an order granting with leave to amend

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Defendants’ motion to dismiss Lead Plaintiff’s First Amended Class Action Complaint for

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Violation of the Federal Securities Laws and granting Lead Plaintiff twenty-one (21) days to file

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an amended complaint (Dkt. No. 89);

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WHEREAS, on August 8, 2014, the Court issued an order granting Lead Plaintiff’s

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stipulated request to extend the deadline to file its amended complaint until September 12, 2014

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(Dkt. No. 91);

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WHEREAS, on September 11, 2014, the Court granted Lead Plaintiff’s emergency
request to extend the deadline to file its amended complaint until September 26, 2014 (Dkt. No.
94);
WHEREAS, on September 26, 2014, Lead Plaintiff filed its Second Amended Class

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Action Complaint for Violation of the Federal Securities Laws (“Second Amended Complaint”)

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(Dkt. No. 95);

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WHEREAS, pursuant to Federal Rule of Civil Procedure 15(a)(3), the last day for
Defendants to respond to the Second Amended Complaint is October 14, 2014;

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WHEREAS, the parties have met and conferred regarding the schedule for the briefing of

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Defendants’ motion to dismiss the Second Amended Complaint, subject to Court approval, as set

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forth below;

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WHEREAS, in conferring regarding the proposed schedule, the parties considered,

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among other factors: (1) past experience with these types of lawsuits, (2) counsels’ other

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commitments, (3) affording the parties sufficient time to formulate their arguments to be

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submitted to the Court, (4) affording the respective parties roughly equivalent preparation

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periods, and (5) the intervening Thanksgiving holiday;

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WHEREAS, the proposed briefing schedule does not affect any existing deadlines set by
Court order;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between
the undersigned, subject to Court approval, as follows:
(1)

Defendants shall file their motion to dismiss no later than October 27, 2014;

STIPULATION AND [PROPOSED] ORDER
RE BRIEFING SCHEDULE FOR
DEFENDANTS’ MOTION TO DISMISS
Case No. 13-cv-02342-VC

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(2)

Lead Plaintiff shall file its opposition to Defendants’ motion to dismiss no later

than November 26, 2014;
(3)

Defendants shall file their reply memorandum in support of their motion to

dismiss no later than December 17, 2014; and
(4)

The hearing date for Defendants’ motion to dismiss shall be set for January 22,

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2015 at 10:00 a.m., or the soonest date thereafter on which the Court is available to hear the

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motion.

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Dated: October 6, 2014

Respectfully submitted,
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

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By: /s/ Ignacio E. Salceda
Ignacio E. Salceda
[e-mail]

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Attorneys for Defendants

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Dated: October 6, 2014

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GOLD BENNETT CERA & SIDENER LLP
Solomon B. Cera (State Bar No. 164017)
Pamela A. Markert (State Bar No. 203780)
595 Market Street, Suite 2300
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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By: /s/ Pamela A. Markert
Pamela A. Markert
[e-mail]

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Attorneys for Lead Plaintiff

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STIPULATION AND [PROPOSED] ORDER
RE BRIEFING SCHEDULE FOR
DEFENDANTS’ MOTION TO DISMISS
Case No. 13-cv-02342-VC

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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October 8, 2014
DATED: _______________________

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______________________________________
THE HONORABLE VINCE CHHABRIA
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER
RE BRIEFING SCHEDULE FOR
DEFENDANTS’ MOTION TO DISMISS
Case No. 13-cv-02342-VC

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I, Diane M. Walters, am the ECF user whose ID and password are being used to file this

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Stipulation and [Proposed] Order Regarding Briefing Schedule for Defendants’ Motion to

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Dismiss. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that Pamela A. Markert

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and Ignacio E. Salceda have concurred in this filing.

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Dated: October 6, 2014

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WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
By: /s/

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STIPULATION AND [PROPOSED] ORDER
RE BRIEFING SCHEDULE FOR
DEFENDANTS’ MOTION TO DISMISS
Case No. 13-cv-02342-VC

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Diane M. Walters
Diane M. Walters
[e-mail]