Neal v. Polycom, Inc. et al

Filing 39

STIPULATION AND ORDER Continuing Case Management Conference. Case Management Statement due by 4/11/2014. Case Management Conference set for 4/18/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 12/10/2013. (tmi, COURT STAFF) (Filed on 12/10/2013)

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KEITH E. EGGLETON, State Bar No. 159842
Email: [e-mail]
KELLEY M. KINNEY, State Bar No. 216823
Email: [e-mail]
CRYSTAL M. GAUDETTE, State Bar No. 247712
Email: [e-mail]
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
Polycom, Inc., Eric Brown, and Sayed Darwish

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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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SEAN AVERY NEAL, Individually and On
Behalf of All Others Similarly Situated,
Plaintiff,
v.
POLYCOM, INC., ANDREW M. MILLER,
ERIC F. BROWN, AND SAYED DARWISH,
Defendants.

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STIPULATION AND [PROPOSED] ORDER
CONTINUING CASE MANAGEMENT CONFERENCE
CASE NO. 3:13-CV-03476-SC

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CASE NO.: 3:13-cv-03476-SC
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

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WHEREAS, plaintiff Sean Avery Neal (“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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Polycom, Inc. (“Polycom”), Andrew M. Miller, Eric F. Brown, and Sayed Darwish (collectively,

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“Defendants”) in the above-entitled matter on July 26, 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, on October 1, 2013, Mark Nathanson moved under the PSLRA for

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appointment as lead plaintiff and for approval of his selection of lead counsel (ECF No. 22, the

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“Lead Plaintiff Motion”), and the Lead Plaintiff Motion is currently pending before this Court;

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WHEREAS, in connection with the parties’ stipulation, the Court previously ordered that

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within 14 days of the Court’s appointment of a lead plaintiff and approval of lead counsel,

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counsel for the lead plaintiff and counsel for Defendants shall (a) meet and confer regarding a

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mutually agreeable schedule and dates by which the lead plaintiff will file an amended or

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consolidated complaint (or designate a complaint as the operative complaint) and a briefing

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schedule on Defendants’ anticipated motion(s) to dismiss; and (b) file a stipulated briefing

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schedule with the Court for approval (ECF No. 18);

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WHEREAS, an Initial Case Management Conference is currently scheduled in this action

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for December 20, 2013 at 10:00 a.m. and the parties must submit a Case Management Statement

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by December 13, 2013 (ECF No. 19);

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WHEREAS, the Court previously set the date for the Initial Case Management

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Conference in this action to be the same date as the Initial Case Management Conference

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scheduled in the related consolidated derivative action pending before this Court, captioned In re

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Polycom Derivative Litigation, Lead Case No.: 3:13-cv-3880-SC (the “Consolidated Derivative

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Action”);

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WHEREAS, the parties in the Consolidated Derivative Action have agreed, subject to

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Court approval, to continue the Case Management Conference in that action until after

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Defendants respond to the operative complaint, and have submitted a stipulation, briefing
STIPULATION AND [PROPOSED] ORDER
CONTINUING CASE MANAGEMENT CONFERENCE
CASE NO. 3:13-CV-03476-SC

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schedule, and proposed date for the Initial Case Management Conference of April 18, 2014 at

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10:00 a.m., or at such other date and time as the Court shall order;

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

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parties and the Court, and to ensure Defendants may rely on representations of a lead plaintiff’s

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counsel in connection with submitting a joint case management statement, Plaintiff and

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Defendants have agreed, subject to the Court’s approval, to continue the Case Management

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Conference until after the Court has considered the pending Lead Plaintiff Motion, an operative

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complaint has been designated or filed, and the parties have submitted a stipulated briefing

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schedule with the Court for approval;

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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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1.

The Case Management Conference shall be continued from December 20, 2013 at

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10:00 a.m. to April 18, 2014 at 10:00 a.m., or to such other date and time as the Court shall

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order.

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Dated: December 9, 2013

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Respectfully submitted,
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

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By:

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Attorneys for Defendants
Polycom, Inc., Eric Brown, and Sayed Darwish

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/s/ Keith E. Eggleton
Keith E. Eggleton
[e-mail]

Dated: December 9, 2013

By:

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/s/ Paul T. Friedman
Paul T. Friedman
[e-mail]

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MORRISON FOERSTER
PAUL T. FRIEDMAN
PHILIP T. BESIROF
425 Market Street
San Francisco, CA 94105-2482
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant Andrew M. Miller

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STIPULATION AND [PROPOSED] ORDER
CONTINUING CASE MANAGEMENT CONFERENCE
CASE NO.: 3:13-cv-03476-SC

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Dated: December 9, 2013

By:

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GLANCY BINKOW & GOLDBERG LLP
LIONEL Z. GLANCY
MICHAEL GOLDBERG
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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POMERANTZ GROSSMAN HUFFORD
DAHLSTROM & GROSS LLP
JEREMY A. LIEBERMAN
LESLEY F. PORTNOY
600 Third Avenue, 20th Floor
New York, New York 10016
Telephone: [phone]
Facsimile: [phone]

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POMERANTZ GROSSMAN HUFFORD
DAHLSTROM & GROSS LLP
PATRICK V. DAHLSTROM
10 South LaSalle Street, Suite 3505
Chicago, IL 60603
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff Sean Avery Neal and
Movant for Lead Plaintiff Mark Nathanson

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/s/ Michael Goldberg
Michael Goldberg
[e-mail]

I, Keith E. Eggleton, am the ECF user whose ID and password are being used to file this
Stipulation. In compliance with Civil Local Rule 5-1, I hereby attest that Paul T. Friedman and
Michael Goldberg have concurred in this filing.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: December ___, 2013

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STIPULATION AND [PROPOSED] ORDER
CONTINUING CASE MANAGEMENT CONFERENCE
CASE NO.: 3:13-cv-03476-SC

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Judge S

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THE HONORABLE SAMUEL CONTI
United States District Judge

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[PROPOSED] ORDER

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