Neal v. Polycom, Inc. et al

Filing 70

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Signed by Judge Samuel Conti on 02/09/2015. (tmi, COURT STAFF) (Filed on 2/9/2015)

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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]
CHERYL W. FOUNG, State Bar No. 108868
Email: [e-mail]
LUKE A. LISS, State Bar No. 247520
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., Michael R. Kourey,
and Eric F. Brown

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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 CMC
CASE NO. 3:13-CV-03476-SC

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

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Pursuant to N.D. Cal. Civil Local Rules 6-2 and 7-12, the parties respectfully submit the

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following Stipulation and [Proposed] Order Continuing the Initial Case Management Conference

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currently set for February 20, 2015, at 10:00 a.m.

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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, the Court set an Initial Case Management Conference for October 25, 2013
and, on September 24, 2013, continued the Initial Case Management Conference to December
20, 2013 (ECF Nos. 2, 18-19);
WHEREAS, on December 10, 2013, the Court further continued the Initial Case
Management Conference to April 18, 2014 (ECF No. 39);
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 Liaison 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, on April 7, 2014, the Court further continued the Initial Case Management
Conference to December 5, 2014 (ECF No. 50);
WHEREAS, pursuant to the Scheduling Order: (1) Defendants filed motions to dismiss

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the Amended Complaint on April 25, 2014 (ECF Nos. 51, 53) (the “Motions to Dismiss”), with a

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hearing set for October 24, 2014; (2) Lead Plaintiff filed its omnibus opposition to Defendants’

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Motions to Dismiss on June 24, 2014 (ECF No. 58); and (3) Defendants filed reply briefs in

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support of their Motions to Dismiss on July 24, 2014 (ECF Nos. 59, 60);
STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC
CASE NO. 3:13-CV-03476-SC

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WHEREAS, on October 20, 2014, the Court issued notice that it would decide

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Defendants’ Motions to Dismiss on the papers, and vacated the hearing previously set for

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October 24, 2014 (ECF No. 63);

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WHEREAS, on November 24, 2014, the Court further continued the Initial Case

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Management Conference to January 16, 2015 (ECF No. 65) and, on January 5, 2015, the Court

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further continued the Initial Case Management Conference to February 20, 2015 (ECF Nos. 67,

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68);

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WHEREAS, discovery in this action is stayed pending resolution of Defendants’
Motions to Dismiss pursuant to the PSLRA, 15 U.S.C. § 78u-4(b)(3);
WHEREAS, subject to the Court’s approval, the parties respectfully request that the Court

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continue the Initial Case Management Conference currently set for February 20, 2015, while the

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Court considers Defendants’ pending Motions to Dismiss, to be reset to a date and time after the

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Court issues its order on Defendants’ pending Motions to Dismiss.

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NOW, THEREFORE, subject to the Court’s approval, the parties hereby stipulate and

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agree as follows:

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(1)

The Initial Case Management Conference currently set for February 20, 2015, at

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10:00 a.m., is hereby vacated, and the Initial Case Management Conference shall be

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set to such date and time as the Court may order after the Court issues its order on

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Defendants’ pending Motions to Dismiss.

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IT IS SO STIPULATED.
Dated: February 6, 2015

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

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Dated: February 6, 2015

By:

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/s/ Philip T. Besirof
Philip T. Besirof
[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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Dated: February 6, 2015

By:

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

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

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DECLARATION OF KEITH E. EGGLETON
I, Keith E. Eggleton, declare:

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I am a member of Wilson Sonsini Goodrich & Rosati, P.C., counsel for defendants

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Polycom, Inc., Michael R. Kourey, and Eric F. Brown. I make this declaration in support of the

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parties’ Stipulation and [Proposed] Order Continuing Case Management Conference. The parties

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seek to continue the Initial Case Management Conference until after the Court has ruled on

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Defendants’ pending Motions to Dismiss. The parties agree that a continuance is reasonable and

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appropriate.

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2.

This is the parties’ sixth request for extension of time with respect to the Initial

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Case Management Conference since this action was filed in July 2013. The parties’ previous

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stipulated requests to continue the Initial Case Management Conference were filed on September

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23, 2013 (ECF No. 17), December 9, 2013 (ECF No. 36), April 4, 2014 (ECF No. 49), November

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21, 2014 (ECF No. 64), and January 2, 2015 (ECF No. 66). The Court granted these five previous

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requests (see ECF Nos. 18, 39, 50, 65, 67, 68).

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3.

The requested continuance will not impact any other deadlines or dates set by the

Court.
I declare under penalty of perjury that the foregoing is true and correct. Executed on
February 6, 2015 in Palo Alto, California.
By: /s/ Keith E. Eggleton
Keith E. Eggleton

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: 02/09/2015

R NIA

UNIT
ED

THE HONORABLE SAMUEL CONTI
onti
United States DistrictelJudge
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Judge S
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STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC
CASE NO.: 3:13-cv-03476-SC

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[PROPOSED] ORDER

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