Neal v. Polycom, Inc. et al

Filing 50

STIPULATION AND ORDER Continuing Case Management Conference. Case Management Statement due by 11/28/2014. Case Management Conference set for 12/5/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 04/07/2014. (tmi, COURT STAFF) (Filed on 4/7/2014)

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KEITH E. EGGLETON, State Bar No. 159842
Email: [e-mail]
RODNEY G. STRICKLAND, State Bar No. 161934
Email: [e-mail]
KELLEY M. KINNEY, State Bar No. 216823
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 Michael Kourey

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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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MARK NATHANSON, 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., ANDREW M. MILLER,
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MICHAEL R. KOUREY, and ERIC F. BROWN, )
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Defendants.
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STIPULATION AND [PROPOSED] ORDER
CONTINUING CASE MANAGEMENT CONFERENCE
CASE NO. 3:13-CV-03476-SC

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

IT IS SO ORDERED AS MODIFIED

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WHEREAS, plaintiff Sean Avery Neal filed an initial purported Class Action Complaint

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for Violation of the Federal Securities Laws in the above-entitled matter on July 26, 2013, setting

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forth claims under the federal securities laws that are subject to the procedural requirements of

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the Private Securities Litigation Reform Act of 1995 (“PSLRA”) (ECF No. 1);

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WHEREAS, on October 1, 2013, Mark Nathanson moved under the PSLRA for
appointment as lead plaintiff and for approval of his selection of lead counsel (ECF No. 22);
WHEREAS, on December 10, 2013, the Court continued the Initial Case Management

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Conference scheduled for December 20, 2013 at 10:00 a.m. to April 18, 2014 at 10:00 a.m. (ECF

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No. 39);

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WHEREAS, on December 13, 2013, the Court appointed Mark Nathanson as lead

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plaintiff (“Lead Plaintiff”), approved Pomerantz Grossman Hufford Dahlstrom & Gross LLP as

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Lead Counsel, and approved Glancy Binkow & Goldberg LLP as Liason Counsel (ECF No. 42);

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WHEREAS, on January 2, 2014, the Court entered a scheduling order requiring Lead

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Plaintiff to file an amended consolidated class action complaint by no later than February 24,

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2014 (ECF No. 46) (the “Scheduling Order”), and thereafter Lead Plaintiff timely filed the First

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

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naming Polycom, Inc., Andrew Miller, Michael Kourey, and Eric Brown as defendants

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(“Defendants”) (ECF No. 47);

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WHEREAS, the Scheduling Order further requires (1) Defendants to file their motion(s)

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to dismiss the Amended Complaint by April 25, 2014; (2) Lead Plaintiff to file any opposition

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brief(s) to Defendants’ motion(s) to dismiss by June 24, 2014; and (3) Defendants to file any

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reply brief(s) in support of their motion(s) to dismiss by July 24, 2014;

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WHEREAS, the parties are attempting to reserve a hearing with the Court on Defendants’
forthcoming motion(s) to dismiss for October 10, 2014 at 10:00 a.m.;
WHEREAS, discovery in this action is stayed pending resolution of Defendants’
forthcoming motion(s) to dismiss pursuant to the PSLRA, 15 U.S.C. § 78u-4(b)(3);

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WHEREAS, given the statutory discovery stay and the briefing schedule described

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above, and to avoid the unnecessary expenditure of judicial resources or effort by the parties and
STIPULATION AND [PROPOSED] ORDER
CONTINUING CASE MANAGEMENT CONFERENCE
CASE NO. 3:13-CV-03476-SC

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the Court, Lead Plaintiff and Defendants have agreed, subject to the Court’s approval, to

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continue the Case Management Conference currently scheduled for April 18, 2014 until a date

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and time scheduled by the Court after Defendants’ motion(s) to dismiss have been resolved.

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NOW, THEREFORE, it is hereby stipulated and agreed by the undersigned counsel for

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Lead Plaintiff and counsel for Defendants that the April 18, 2014 Case Management Conference

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shall be continued until a date and time scheduled by the Court after Defendants’ motion(s) to

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dismiss have been resolved.

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Dated: April 4, 2014

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Respectfully submitted,
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

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By:

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

Attorneys for Defendants
Polycom, Inc., Eric Brown, and Michael
Kourey

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Dated: April 4, 2014

By:

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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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/s/Philip T. Besirof
Philip T. Besirof
[e-mail]

Dated: April 4, 2014

By:

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/s/Jeremy A. Lieberman
Jeremy A. Lieberman
[e-mail]

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

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

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

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Attorneys for Lead Plaintiff Mark Nathanson

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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 Philip T. Besirof and
Jeremy A. Lieberman have concurred in this filing.

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
The Case Management Conference scheduled for April 18, 2014 at 10:00 a.m. is

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continued until after the Court’s ruling on Defendants’ forthcoming motion(s) to dismiss,

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to such date and time as the Court may order.

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The Case Management Conference is hereby continued to Friday, December 5, 2014 at 10:00 a.m.

S

Honorable Samuel Conti D
R
United StatesIDistrict DERE
S SO O Judge

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IT

NO
ER

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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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DIFIED

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FO

04/07/2014
Dated: ___________________________

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