Brado v. Vocera Communications Inc et al

Filing 61

ORDER 39 41 for Consolidation of Related Actions, Appointment of Lead Plaintiff, and Approval of Selection of Lead Counsel. Signed by Judge Edward M. Chen on 11/20/2013. (emcsec, COURT STAFF) (Filed on 11/20/2013)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 MICHAEL BRADO, Individually and on Behalf of All Others Similarly Situated, No. C-13-3567 EMC 9 Plaintiff, v. 11 For the Northern District of California United States District Court 10 12 13 VOCERA COMMUNICATIONS, INC., et al., Defendants. ___________________________________/ ORDER FOR CONSOLIDATION OF RELATED ACTIONS, APPOINTMENT OF LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF LEAD COUNSEL (Docket Nos. 39, 41) 14 15 16 Having considered the motion of Baltimore County Employees’ Retirement System and 17 Arkansas Teacher Retirement System (together, the “Retirement Systems”) for consolidation of 18 related actions, appointment as Lead Plaintiff, and approval of selection of Lead Counsel, it is 19 hereby ordered that: 20 1. The motion is GRANTED. 21 2. Brado v. Vocera Communications, Inc., No. 13-cv-03567 (N.D. Cal.), and Duncan v. 22 Vocera Communications, Inc., No. 13-cv-03872 (N.D. Cal.), are consolidated for all 23 purposes (the “Consolidated Action”). This Order (the “Order”) shall apply to the 24 Consolidated Action and to each case that relates to the same subject matter that is 25 subsequently filed in this Court or is transferred to this Court, and is consolidated 26 with the Consolidated Action. 27 28 1 3. A Master File is established for this proceeding. The Master File shall be Case No. 2 13-cv-03567. The Clerk shall file all pleadings in the Master File and note such 3 filings on the Master Docket. 4 4. An original of this Order shall be filed by the Clerk in the Master File. 5 5. The Clerk shall mail a copy of this Order to counsel of record in the Consolidated 6 7 Action. 6. Every pleading in the Consolidated Action shall have the following caption: 8 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 9 12 13 14 15 16 IN RE VOCERA ) COMMUNICATIONS, INC., ) SECURITIES LITIGATION ) ____________________________________ ) ) This Document Relates To: ) ) ____________________________________) Master File No. 3:13-cv-03567 EMC CLASS ACTION 17 18 19 7. The Court requests the assistance of counsel in calling to the attention of the Clerk of 20 this Court the filing or transfer of any case that may properly be consolidated as part 21 of the Consolidated Action. 22 8. When a case that arises out of the same subject matter as the Consolidated Action is 23 hereinafter filed in this Court or transferred from another court, the Clerk of this 24 Court shall: 25 A. file a copy of this Order in the separate file for such action; 26 B. mail a copy of this Order to the attorneys for the plaintiff(s) in the newly-filed 27 28 or transferred case, and to any new defendant(s) in the newly-filed case; and C. make the appropriate entry in the Master Docket for the Consolidated Action. 2 1 9. 2 3 Consolidated Action, any affected party may file a motion to consolidate. 10. 4 5 Should a new case be filed which appears to arise out of the subject matters of the The Retirement Systems are appointed to serve as Lead Plaintiff in the Action pursuant to 15 U.S.C. § 77z-1(a)(3)(B) and 15 U.S.C. § 78u-4(a)(3)(B). 11. The Retirement Systems’ selection of Labaton Sucharow LLP as Lead Counsel for 6 the Class is approved pursuant to 15 U.S.C. § 77z-1(a)(3)(B) and 15 U.S.C. § 7 78u-4(a)(3)(B)(v). Lead Counsel shall have the authority to speak for all Plaintiffs 8 and Class members in all matters regarding the litigation, including, but not limited 9 to, pretrial proceedings, motion practice, trial, and settlement. Lead Counsel shall make all work assignments in such a manner as to facilitate the orderly and efficient 11 For the Northern District of California United States District Court 10 prosecution of this litigation, and to avoid duplicative or unproductive effort. 12 Additionally, Lead Counsel shall have the following responsibilities: 13 A. to brief and argue motions; 14 B. to initiate and conduct discovery, including, but not limited to, coordination of 15 discovery with Defendants’ counsel, and the preparation of written 16 interrogatories, requests for admissions, and requests for production of 17 documents; 18 C. to direct and coordinate the examination of witnesses in depositions; 19 D. to act as spokesperson at pretrial conferences; 20 E. to call and chair meetings of Plaintiffs’ counsel as appropriate or necessary 21 from time to time; 22 F. to initiate and conduct any settlement negotiations with Defendants’ counsel; 23 G. to provide general coordination of the activities of Plaintiffs’ counsel and to 24 delegate work responsibilities to selected counsel as may be required, in such 25 a manner as to lead to the orderly and efficient prosecution of this litigation 26 and to avoid duplication or unproductive effort; 27 H. to consult with and employ experts; 28 3 1 I. to receive and review periodic time reports of all attorneys on behalf of 2 Plaintiffs, to determine if the time is being spent appropriately and for the 3 benefit of Plaintiffs, and to determine and distribute Plaintiffs’ attorneys’ fees; 4 J. 5 6 to perform such other duties as may be expressly authorized by further order of this Court; and K. to take all steps necessary to minimize costs and fees, monitor the incurrence 7 of fees and costs to safeguard against duplication, inefficiencies and 8 unnecessary expenditures, and maintain contemporaneous time sheets and 9 records of fees and costs. 11 For the Northern District of California United States District Court 10 This order disposes of Docket Nos. 39 and 41. 12 13 IT IS SO ORDERED. 14 15 Dated: November 20, 2013 16 _________________________ EDWARD M. CHEN United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 4

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