Lin et al v. Ecotality, Inc et al

Filing 51

STIPULATION AND ORDER Continuing Case Management Conference and ADR Deadlines. Case Management Statement due by 8/1/2014. Case Management Conference set for 8/8/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 01/07/2014. (tmi, COURT STAFF) (Filed on 1/7/2014)

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COOLEY LLP
TOWER C. SNOW, JR. (58342) ([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]

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COOLEY LLP
JESSICA VALENZUELA SANTAMARIA (220934) ([e-mail])
ADAM C. TRIGG (261498) ([e-mail])
Five Palo Alto Square
3000 El Camino Real
Palo Alto, CA 94306-2155
Telephone:
[phone]
Facsimile:
[phone]
COOLEY LLP
JOSEPH B. WOODRING (272940) ([e-mail])
1333 2nd Street, Suite 400
Santa Monica, CA 90401
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendants
H. RAVI BRAR and SUSIE HERRMANN

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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 ECOtality, Inc. Securities Litigation

Case No. 3:13-CV-03791-SC
(Consolidated with Case Nos.
13-cv-03840 and 13-cv-45679)

This Document Relates To:

STIPULATION AND [PROPOSED] ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE AND ADR DEADLINES

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ALL ACTIONS.

Date:
Time:
Judge:

January 24, 2014
10:00 a.m.
Hon. Samuel Conti

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COOLEY LLP
ATTORNEYS AT LAW

STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC AND ADR DEADLINES
3:13-CV-03791-SC

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STIPULATION

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WHEREAS, on August 15, 2013, Hua-Chen Lin and Jonathan W. Diamond filed a

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complaint for violations of the federal securities laws against Ecotality, H. Ravi Brar and Susie

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Herrmann (the “Lin” action [No. 13-CV-03791]);

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WHEREAS, on August 19, 2013, Eric M. Cohen filed a substantially similar complaint

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against Ecotality, H. Ravi Brar and Susie Herrmann (the “Cohen” action [No. 13-cv-03840]) and,

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on October 3, 2013, Francis X. Fleming, Jr. filed a substantially similar complaint against H. Ravi

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Brar and Susie Herrmann (the “Fleming” action [No. 13-cv-45679]);

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WHEREAS, on October 15, 2013, six competing movants, including Joseph W. Vale

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(“Vale”), filed motions to consolidate the Lin, Cohen and Fleming actions, to appoint the movants

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as lead plaintiff, and to approve the movants’ selection of lead counsel;

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WHEREAS, on December 13, 2013, the Court issued an order consolidating the Lin,

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Cohen and Fleming actions, appointing Vale as Lead Plaintiff and approving Vale’s selection of

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Robbins Geller Rudman & Dowd LLP as lead counsel (Dkt. No. 47);

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WHEREAS, on December 17, 2013, the Court entered an Order (Dkt. No. 49) setting the

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schedule for Lead Plaintiff’s filing of a consolidated amended complaint and Defendants’

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response thereto (the “Scheduling Order”);

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WHEREAS, under the Scheduling Order, Lead Plaintiff shall file a consolidated amended
complaint no later than January 31, 2014;
WHEREAS, the Scheduling Order scheduled a hearing on Defendants’ motion to dismiss
the complaint for June 20, 2014;

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WHEREAS, this matter is a class action under the federal securities laws and is subject to

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a stay of discovery under the Private Securities Litigation Reform Act of 1995. 15 U.S.C. §78u-

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4(b)(3)(B);

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WHEREAS, on January 3, 2014, the Court issued a Notice re: Noncompliance with Court

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Order in the Cohen action (Dkt. No. 24), which noted that the parties have not filed an ADR

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Certification Stipulation and [Proposed] Order Selecting an ADR Process or a Notice of Need for

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ADR Phone Conference;

COOLEY LLP
ATTORNEYS AT LAW

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STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC AND ADR DEADLINES
3:13-CV-03791-SC

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WHEREAS, a Case Management Conference is currently set for January 24, 2014;

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WHEREAS, the parties agree that any case management conference in this matter would

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be premature and would not benefit the Court or the parties both because discovery is stayed and

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because lead plaintiff will not file a consolidated complaint until on or before January 31, 2014;

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WHEREAS, the parties further agree that, for the same reasons, the selection of an ADR

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process under Civil Local Rule 16-8 and ADR Local Rule 3-5 would be premature and would not

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benefit the Court or the parties;

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED among the parties,
through their respective counsel, as follows:
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The January 24, 2014 Case Management Conference shall be taken off calendar, to

be rescheduled to July 25, 2014.
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The deadline for the filing of the ADR Certification and the Stipulation to ADR

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Process or Notice of Need for ADR Phone Conference shall be extended to 21 days before the

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continued Case Management Conference, if any.

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IT IS SO STIPULATED.

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Respectfully Submitted,

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Dated: January 6, 2014

COOLEY LLP
TOWER C. SNOW, JR. (58342)
JESSICA VALENZUELA SANTAMARIA (220934)
ADAM C. TRIGG (261498)
JOSEPH B. WOODRING (272940)

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/s/ Jessica Valenzuela Santamaria
Jessica Valenzuela Santamaria (220934)
Attorneys for Defendants
H. RAVI BRAR and SUSIE HERRMANN

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COOLEY LLP
ATTORNEYS AT LAW

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STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC AND ADR DEADLINES
3:13-CV-03791-SC

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Dated: January 6, 2014

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ROBBINS GELLAR RUDMAN & DOWD LLP
CHRISTOPHER P. SEEFER (201197)
KENNETH J. BLACK (291871)

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/s/ Christopher P. Seefer
Christopher P. Seefer (201197)

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

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Lead Counsel for Plaintiff

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ZELDES HAEGGQUIST & ECK, LLP
AMBER L. ECK (177882)
625 Broadway, Suite 1000
San Diego, CA 92101
Telephone:
[phone]
Facsimile:
[phone]

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Additional Counsel for Plaintiff

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ATTESTATION OF CONCURRENCE IN FILING
Pursuant to the General Order No. 45, section 45 X(B), for The United States District

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Court for the Northern District of California, I, Jessica Valenzuela Santamaria, hereby attest that

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the concurrence to the filing of the foregoing document has been obtained from Christopher P.

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Seefer, who has provided the conformed signature above.

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Dated: January 6, 2014

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COOLEY LLP
TOWER C. SNOW, JR. (58342)
JESSICA VALENZUELA SANTAMARIA (220934)
ADAM C. TRIGG (261498)
JOSEPH B. WOODRING (272940)

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/s/ Jessica Valenzuela Santamaria
Jessica Valenzuela Santamaria (220934)

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Attorneys for Defendants
H. RAVI BRAR and SUSIE HERRMANN

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COOLEY LLP
ATTORNEYS AT LAW

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STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC AND ADR DEADLINES
3:13-CV-03791-SC

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ORDER

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Pursuant to the stipulation of the parties, the January 24, 2014 Case Management
August 8, 2014
Conference is taken off calendar and is hereby rescheduled to July 25, 2014. No Case

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Management Statement is currently due.

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Further, the deadline under Civil Local Rule 16-8 and ADR Local Rule 3-5 for the filing

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of the ADR Certification and the Stipulation to ADR Process or Notice of Need for ADR Phone

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Conference is hereby extended to 21 days before the continued Case Management Conference, if

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any.

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S
UNIT
ED

01/07/2014
DATED:_____________

el Conti

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amu
Judge S

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FO

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R NIA

___________________________________
THE HONORABLE SAMUEL CONTI
UNITED STATES DISTRICT JUDGE

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IT IS SO ORDERED.

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COOLEY LLP
ATTORNEYS AT LAW

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STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC AND ADR DEADLINES
3:13-CV-03791-SC