Brado v. Vocera Communications Inc et al

Filing 178

STIPULATION AND ORDER Regarding Case Schedule, Motions terminated: 177 STIPULATION WITH PROPOSED ORDER filed by Arkansas Teacher Retirement System, Baltimore County Employees' Retirement System.. Signed by Judge Edward M. Chen on 9/23/15. (lrcS, COURT STAFF) (Filed on 9/23/2015)

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LABATON SUCHAROW LLP
JONATHAN GARDNER (pro hac vice)
[e-mail]
CAROL C. VILLEGAS (pro hac vice)
[e-mail]
SAMUEL B. C. DE VILLIERS (pro hac vice)
[e-mail]
140 Broadway
New York, NY 10005
Telephone:
212 907 0700
Facsimile:
212 818 0477

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[Additional counsel listed on signature page]

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Counsel for Lead Plaintiffs and the Proposed Class

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FENWICK & WEST LLP
SUSAN S. MUCK (CSB NO. 126930)
[e-mail]
JENNIFER BRETAN (CSB NO. 233475)
[e-mail]
MARIE C. BAFUS (CSB NO. 258417)
[e-mail]
555 California Street, 12th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants Vocera Communications, Inc., Robert J. Zollars,
Brent D. Lang and William R. Zerella
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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IN RE VOCERA COMMUNICATIONS,
INC. SECURITIES LITIGATION

Case No. 3:13-cv-03567 EMC
CLASS ACTION

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JOINT STIPULATION AND ORDER
REGARDING CASE SCHEDULE

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE
Case No. 3:13-cv-03567 EMC

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This stipulation is entered into by and among Lead Plaintiffs Baltimore County

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Employees’ Retirement System and Arkansas Teacher Retirement System (collectively, “Lead

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Plaintiffs”) and defendants Vocera Communications, Inc., Robert J. Zollars, Brent D. Lang and

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William R. Zerella (collectively, “Defendants”), by and through their respective attorneys of

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record:

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WHEREAS, the above-captioned consolidated action is a proposed class action alleging
violations of the federal securities laws against Defendants;

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WHEREAS, on April 3, 2015, this Court issued a Case Management and Pretrial Order
for Jury Trial setting certain deadlines in the action (the “Scheduling Order”) [Dkt. No. 152];

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WHEREAS, pursuant to Local Rule 6-2(a) of the Civil Local Rules for the United States

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District Court for the Northern District of California, the parties “may file a stipulation,

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conforming to Civil L.R. 7-12, requesting an order changing time that would affect the date of an

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event or deadline already fixed by Court order;”

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WHEREAS, document discovery, including documents obtained from third parties, has

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taken longer than expected given the breadth of discovery pertinent to this action and the

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extended negotiations between the parties over the scope of production;

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WHEREAS, in connection with an adjustment of the class certification briefing schedule

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to accommodate the availability of Plaintiffs’ representatives for deposition, the hearing on class

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certification has been reset for November 9, 2015; [Dkts. 162, 174];

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WHEREAS, pursuant to the Scheduling Order, the parties have scheduled a mediation for

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October 15th, 2015, and believe the case would benefit from extending the fact discovery cutoff

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and related dates for 60 days to allow the parties to focus on that mediation;

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WHEREAS, the parties have met and conferred and agree that it is now in their mutual

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interest and in the interest of judicial efficiency to extend the discovery cutoff deadlines

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previously ordered by the Court;

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WHEREAS, this requested extension will not affect the date for oral argument on Lead

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Defendants anticipate substantial completion of Defendants’ production in response to
Plaintiffs’ First Set of Document Requests to take place by September 25, 2015.
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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE
Case No. 3:13-cv-03567 EMC

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Plaintiffs’ motion for class certification;
Now, therefore, pursuant to Civil L.R. 7-12, the parties hereby jointly request that the
Court issue an order adopting the following amended schedule for this case:
EVENT

CURRENT
DEADLINE

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IDENTIFICATION OF AREAS OF MERITS December 21, 2015
RELATED EXPERT TESTIMONY AND
EXPERTS, BY ALL PARTIES

PROPOSED
DEADLINE
February 19, 2016

IDENTIFICATION OF MERITS RELATED
REBUTTAL EXPERTS, BY ALL PARTIES

January 15, 2016

March 15, 2016

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FACT DISCOVERY CUTOFF

February 5, 2016

April 8, 2016

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ALL MERITS RELATED EXPERT
REPORTS EXCHANGED

February 19, 2016

April 22, 2016

ALL MERITS RELATED REBUTTAL
EXPERT REPORTS EXCHANGED

March 18, 2016

May 20, 2016

MERITS RELATED EXPERT DISCOVERY
CUTOFF

April 15, 2016

June 17, 2016

MOTIONS FOR SUMMARY JUDGMENT
DUE

May 2, 2016

June 30, 2016

OPPOSITIONS TO MSJ DUE

June 2, 2016

July 28, 2016

REPLIES IN SUPPORT OF MSJs

June 23, 2016

August 11, 2016

HEARING ON MSJs

July 14, 2016

August 25, 2016

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The parties further agree that, subject to the Court’s availability and in light of the

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foregoing revised schedule, the trial date to remain on December 5, 2016.

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IT IS SO STIPULATED.

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Dated: September 16, 2015

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FENWICK & WEST LLP
By: /s/ Marie C. Bafus
Marie C. Bafus

555 California Street, 12th Floor
San Francisco, California 94104
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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE
Case No. 3:13-cv-03567 EMC

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Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants Vocera Communications,
Inc., Robert J. Zollars, Brent D. Lang and William
R. Zerella

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Dated: September 16, 2015

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ROBBINS GELLER RUDMAN & DOWD LLP
By: /s/ Shawn A. Williams
Shawn A. Williams

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Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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Liaison Counsel for Lead Plaintiffs

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Dated: September 16, 2015

LABATON SUCHAROW LLP
By: /s/ Jonathan Gardner
Jonathan Gardner (pro hac vice)

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140 Broadway
New York, New York 10005
Telephone: [phone]
Facsimile: [phone]

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Lead Counsel for Lead Plaintiffs Baltimore County
Employees’ Retirement System and Arkansas
Teacher Retirement System

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Pursuant to Pursuant to Civil Local Rule 5-1(i)(3), all signatories concur in filing this stipulation.

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Dated: September 16, 2015

By:

/s/

Jonathan Gardner
Jonathan Gardner

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***
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: 9/23/15

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HON. EDWARD M. CHEN
United States District Judge
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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE
Case No. 3:13-cv-03567 EMC