Neal v. Polycom, Inc. et al

Filing 42

Order by Hon. Samuel Conti granting 22 Motion to Appoint Lead Plaintiff and Lead Counsel. Appointed Jeremy A Lieberman of Pomerantz Grossman Hufford Dahlstrom & Gross LLP for Lead Plaintiff Mark Nathanson.(sclc2, COURT STAFF) (Filed on 12/13/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court

For the Northern District of California

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SEAN AVERY NEAL, individually
and on behalf of all others
similarly situated,

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Plaintiff,

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v.
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POLYCOM, INC., et al.,
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Defendants.

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Case No. C 13-3476 SC
ORDER GRANTING MOTION TO
APPOINT LEAD PLAINTIFF AND LEAD
COUNSEL

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Now before the Court is Plaintiff Mark Nathanson's motion for

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appointment as lead plaintiff and for approval of Pomerantz

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Grossman Hufford Dahlstrom & Gross LLP ("Pomerantz") as Lead

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Counsel and Glancy Binkow & Goldberg LLP ("Glancy") as Liason

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Counsel.

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ECF No. 22 ("Mot.").

Defendants Polycom Inc. ("Polycom"), Eric Brown, Sayed

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Darwish, and Andrew Miller (collectively "Defendants") responded to

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the motion by taking no position on Mr. Nathanson's, Pomerantz's,

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or Glancy's respective appointments.

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However, Defendants stated that they reserve all rights to

ECF No. 24 ("Resp.") at 1.

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challenge class certification at a later point.

Id.

Mr. Nathanson accordingly filed a statement of non-opposition,

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also noting that no other lead plaintiff has moved for appointment

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as lead plaintiff or approval of counsel.

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ECF No. 25.

Based on Mr. Nathanson's brief and related papers, the Court

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GRANTS the motion under Section 21D(a)(3)(B) of the Securities

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Exchange Act of 1934, 15 U.S.C. § 78u-4(a)(3), as amended by the

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Private Securities Litigation Reform Act of 1995 (the "PSLRA").

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Mr. Nathanson is appointed Lead Plaintiff on behalf of all

United States District Court

For the Northern District of California

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persons who purchased or otherwise acquired securities of Polycom

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between July 24, 2012 and July 23, 2013.

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Lead Counsel and Glancy is approved as Liason Counsel.

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Plaintiffs' Lead Counsel shall have the following

Pomerantz is approved as

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responsibilities and duties, to be carried out either personally or

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through counsel whom Lead Counsel shall designate:

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a.

to coordinate the briefing and argument of motions;

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b.

to coordinate the conduct of discovery proceedings;

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c.

to coordinate the examination of witnesses in
depositions;

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d.

spokesperson at pretrial conferences;

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e.

f.

to coordinate all settlements negotiations with counsel
for defendants;

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to call meetings of the plaintiff’s counsel as they deem
necessary and appropriate from time to time;

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to coordinate the selection of counsel to act as a

g.

to coordinate and direct the pretrial discovery

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proceedings and the preparation for trial and the trial

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of this matter and to delegate work responsibilities to

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selected counsel as may be required; and

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h.

to supervise any other matters concerning the

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prosecution, resolution or settlement of the Consolidated

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Action.

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No motion, request for discovery, or other pretrial

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proceedings shall be initiated or filed by any plaintiff without

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the approval of Lead Counsel, so as to prevent duplicative

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pleadings or discovery by plaintiffs.

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shall be conducted without the approval of Lead Counsel.

United States District Court

For the Northern District of California

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No settlement negotiations

Counsel in any related action that is consolidated with this
action shall be bound by this organization of plaintiffs' counsel.
Lead Counsel shall have the responsibility of receiving and
disseminating Court orders and notices.
Lead Counsel shall be the contact between plaintiffs' counsel

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and defendants' counsel, as well as the spokesperson for

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plaintiffs' counsel, and shall direct and coordinate the activities

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of plaintiffs’ counsel.

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Defendants shall effect service of papers on plaintiffs by

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serving a copy of same on Lead Counsel by overnight mail service,

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electronic or hand delivery.

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papers on defendants by serving a copy of same on defendants'

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counsel by overnight mail service, electronic or hand delivery.

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Plaintiffs shall effect service of

During the pendency of this litigation, or until further order

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of this Court, the parties shall take reasonable steps to preserve

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all documents within their possession, custody, or control,

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including computer-generated and stored information, and materials

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such as computerized data and electronic mail, containing

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information which is relevant or which may lead to the discovery of

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information relevant to the subject matter of the pending

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litigation.

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IT IS SO ORDERED.

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Dated: December 13, 2013

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UNITED STATES DISTRICT JUDGE

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United States District Court

For the Northern District of California

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