Brado v. Vocera Communications Inc et al

Filing 68

STIPULATION AND ORDER re 67 STIPULATION WITH PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND SCHEDULING OF MOTION filed by Arkansas Teacher Retirement System, Baltimore County Employees' Retirement System Case Management Statement due by 8/21/2014. Case Management Conference set for 8/28/2014 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 4/1/14. (bpf, COURT STAFF) (Filed on 4/1/2014)

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SHAWN A. WILLIAMS (CSB No. 213113)
ROBBINS GELLER RUDMAN & DOWD LLP
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Liaison Counsel for Lead Plaintiff
JOSEPH A. FONTI (Pro hac pending)
LABATON SUCHAROW LLP
140 Broadway
New York, New York 10005
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Lead Counsel for Lead Plaintiff Baltimore County
Employees’ Retirement System and
Arkansas Teacher Retirement System

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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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IN RE VOCERA COMMUNICATIONS, INC.
SECURITIES LITIGATION

CLASS ACTION

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Master File No. 3:13-cv-03567 EMC

This Document Relates To:
All Actions.

STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE AND
SCHEDULING OF MOTION

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Judge: The Honorable Edward M. Chen

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Date Action Filed: August 1, 2013

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STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC AND SCHEDULING OF
MOTION

MASTER FILE NO. 3:13-cv-03567 EMC

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WHEREAS, the above-captioned consolidated action is a proposed class action alleging

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violations of the federal securities laws against Vocera Communications, Inc., certain individual

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officers and directors of the Company, and certain investment banks that served as underwriters

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in connection with the Company’s initial public offering (collectively, “Defendants”);

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WHEREAS, on January 1, 2014, this Court issued an order resetting the date for the initial
case management conference from January 23, 2014 to April 24, 2014 (ECF No. 65);
WHEREAS, on November 20, 2013, this Court issued an order appointing Baltimore

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County Employees’ Retirement System and Arkansas Teacher Retirement System (together, the

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“Retirement Systems”) as Lead Plaintiff, and approving the selection of Lead Plaintiff’s counsel;

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WHEREAS, pursuant to the Private Securities Litigation Reform Act of 1995, Pub.L. No.

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104-67, 109 Stat. 737 (1995) (the “Reform Act”), unless otherwise ordered by the Court,

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discovery in this action is stayed during the pendency of any motion to dismiss (15 U.S.C. § 78u-

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4(b)(3)(B));

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WHEREAS, Lead Plaintiff, in furtherance of its efforts to investigate the matter, intends
to file a motion with the Court concerning the use of information that Defendants maintain is
confidential and/or subject to certain agreements (the “Motion”). The Parties have conferred with
respect to this Motion and have agreed to notice a hearing date of July 10, 2014, and a related
briefing schedule set forth below;
WHEREAS, the resolution of the Motion will impact the filing of the consolidated
complaint. Accordingly, the Parties shall meet and confer and submit to the Court a schedule for
the filing of the consolidated complaint and related dispositive motion practice promptly upon the
Court’s resolution of the Motion; and
WHEREAS, in view of the Motion, the Reform Act’s stay of discovery, the uncertain
timing of filing of the consolidated complaint and the resolution of any dispositive motions
related thereto, the Parties agree that good cause exists to vacate the existing April 24, 2014 initial
case management conference and associated ADR deadlines until and unless such time as the
consolidated complaint has been filed and the Court rules on any motion(s) to dismiss.

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STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC AND SCHEDULING OF
MOTION

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MASTER FILE NO. 3:13-cv-03567 EMC

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IT IS ACCORDINGLY STIPULATED, pursuant to Civil L.R. 7-12, by and between the
undersigned counsel for the parties, that:
i.

Lead Plaintiff shall file the Motion on or before April 22, 2014; Defendants shall file an

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opposition on or before May 22, 2014; and Lead Plaintiff shall file a reply on or before

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June 5, 2014. The Motion shall be noticed for hearing on July 10, 2014.

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ii.

Pursuant to Civil L.R. 16-2, the Initial Case Management Conference scheduled for

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April 24, 2014 be vacated, along with any associated deadlines under the Federal Rules of

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Civil Procedure and Local Rules, to be rescheduled for a date that is 30 days after entry of

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a Court order ruling on Defendants’ anticipated motion(s) to dismiss the consolidated

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complaint, or such other date as the Court shall determine to be appropriate; and all

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associated ADR Multi-Option Program deadlines likewise be deferred.

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Dated: March 28, 2014

By: /s/ Shawn A. Williams
Shawn A. Williams, Esq.

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

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ROBBINS GELLER RUDMAN & DOWD LLP

Dated: March 28, 2014

Liaison Counsel for Lead Plaintiff
LABATON SUCHAROW LLP
By: /s/ Joseph A. Fonti
Joseph A. Fonti, Esq.

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

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

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STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC AND SCHEDULING OF
MOTION

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MASTER FILE NO. 3:13-cv-03567 EMC

Dated: March 28, 2014

FENWICK & WEST LLP

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By: /s/ Jennifer C. Bretan
Jennifer C. Bretan, Esq.

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555 California Street, 12th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Vocera Communications, Inc., Robert J.
Zollars, Brent D. Lang, Martin J. Silver, William R.
Zerella, Brian D. Ascher, John B. Grotting, Jeffrey H.
Hillebrand, Howard E. Janzen, John N. McMullen,
Hany M. Nada, and Donald F. Wood

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Dated: March 28, 2014

SIMPSON THACHER & BARTLETT LLP

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By: /s/ Simona G. Strauss
Simona G. Strauss, Esq.

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2475 Hanover Street
Palo Alto, CA 94304
Phone: [phone]
Fax: [phone]

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Attorneys for Defendants J.P. Morgan Securities LLC,
Piper Jaffray & Co., Robert W. Baird & Co.
Incorporated, William Blair & Company, L.L.C., Wells
Fargo Securities, LLC, and Leerink Swann LLC

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Pursuant to Pursuant to Civil Local Rule 5-1(i)(3), all signatories concur in filing this stipulation.
Dated: March 28, 2014

By: /s/ Shawn A. Williams
Shawn A. Williams

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***
[PROPOSED] ORDER

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AS MO

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STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC AND SCHEDULING E R
OF
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MOTION

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The CMC is reset for 8/28/14
at 9:00 a.m. A joint CMC
April 1, 2014
ISTRIC statement shall be filed by
ES D
TC
Dated:
AT
8/21/14.
T
Hon. Edward M. Chen
United States District Court Judge

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UNIT
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MASTER FILE NO. 3:13-cv-03567 EMC

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CERTIFICATE OF SERVICE
I hereby certify that on March 28, 2014, I authorized the electronic filing of the foregoing

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with the Clerk of the Court using the CM/ECF system which will send notification of such filing

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to the e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify

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that I caused to be mailed the foregoing document or paper via the United States Postal Service to

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the non-CM/ECF participants indicated on the attached Manual Notice List.
I certify under penalty of perjury under the laws of the United States of America that the

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foregoing is true and correct. Executed on March 28, 2014.
s/ Shawn A. Williams
SHAWN A. WILLIAMS

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ROBBINS GELLER RUDMAN
& DOWD LLP
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)
E-mail:[e-mail]

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STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC AND SCHEDULING OF
MOTION

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MASTER FILE NO. 3:13-cv-03567 EMC

CAND-ECF-

Mailing Information for a Case 3:13-cv-03567-EMC Brado v. Vocera Communications Inc et al
Electronic Mail Notice List
The following are those who are currently on the list to receive e-mail notices for this case.
• Norman J. Blears
[e-mail],[e-mail]
• Jennifer Corinne Bretan
[e-mail],[e-mail],[e-mail],[e-mail],[e-mail]
• Joseph Daniel Cohen
[e-mail]
• Hal Davis Cunningham
[e-mail],[e-mail]
• Matthew James Dolan
[e-mail],[e-mail]
• Catherine Duden Kevane
[e-mail],[e-mail],[e-mail],[e-mail]
• Amber L. Eck
[e-mail],[e-mail],[e-mail]
• Joseph A. Fonti
[e-mail]
• Joseph P. Guglielmo
[e-mail],[e-mail],[e-mail],[e-mail]
• Susan Samuels Muck
[e-mail],[e-mail],[e-mail],[e-mail],[e-mail],[e-mail],pnichols@fenwick
• Danielle Suzanne Myers
[e-mail],[e-mail],[e-mail]
• Darren Jay Robbins
[e-mail]
• David R. Scott
[e-mail]
• Ronnie Solomon
[e-mail],[e-mail]
• Michael Walter Stocker
[e-mail],[e-mail],[e-mail]
• Simona Gurevich Strauss
[e-mail],[e-mail],[e-mail],[e-mail],[e-mail]
• Shawn A. Williams
[e-mail],[e-mail],[e-mail],[e-mail]

Manual Notice List
The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing). You may wish to use your mouse
to select and copy this list into your word processing program in order to create notices or labels for these recipients.
Stephen
J. Teti
Scott + Scott
156 South Main Street
P.O. Box 192
Colchester, CT 06415

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