Lin et al v. Ecotality, Inc et al

Filing 69

STIPULATION AND ORDER Continuing Case Management Conference and ADR Deadlines. Case Management Statement due by 12/5/2014. Case Management Conference set for 12/12/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 09/03/2014. (tmi, COURT STAFF) (Filed on 9/3/2014)

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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, SUSIE HERRMANN, ENRIQUE SANTACANA, KEVIN CAMERON, and
ANDREW TANG

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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:

September 19, 2014
10:00 a.m.
Hon. Samuel Conti

IT IS SO ORDERED AS MODIFIED

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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 January 31, 2014, Plaintiffs in the above captioned action filed a
Consolidated Amended Complaint (“CAC”) (Dkt. No. 52)1;

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WHEREAS, pursuant to a stipulated briefing schedule, Defendants filed a Motion to
Dismiss (Dkt. No. 60), which was set for hearing on August 22, 2014;

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WHEREAS, on June 16, 2014, Plaintiffs filed an Opposition to the Motion to Dismiss
(Dkt. No. 61) and, on July 21, 2014, Defendants filed a Reply (Dkt. No. 65);

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WHEREAS, on August 20, 2014, the Court vacated the hearing on Defendants’ Motion to

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Dismiss and stated that the Motion will be decided on the papers without oral argument (Dkt. No.

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67);

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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, a Case Management Conference is currently set for September 19, 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 Defendants’ Motion to Dismiss is currently pending;

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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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On October 15, 2013, six competing movants, including Joseph W. Vale (“Vale”), filed motions
to consolidate three substantially similar actions (Lin et al. v. ECOtality, Inc. et al. [No. 13-CV03791], Cohen v. ECOtality, Inc. et al. [No. 13-cv-03840], and Fleming v. Brar et al. [No. 13-cv45679]), to appoint the movants as lead plaintiff, and to approve the movants’ selection of lead
counsel. On December 13, 2013, the Court issued an order consolidating the three actions,
appointing Joseph Vale as Lead Plaintiff, and approving Vale’s selection of Robbins Geller
Rudman & Dowd LLP as lead counsel. (Dkt. No. 47.)

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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1.

The September 19, 2014 Case Management Conference shall be taken off

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calendar, to be rescheduled after the Court issues an Order on Defendants’ pending Motion to

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Dismiss.

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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: August 28, 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, SUSIE HERRMANN, ENRIQUE
SANTACANA, KEVIN CAMERON, and ANDREW
TANG

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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: August 27, 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: August 28, 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 September 19, 2014 Case Management
continued to Friday, December 12, 2014, at 10:00 AM. A joint case management
Conference is taken off calendar and will be rescheduled after the Court issues an Order on
statement shall be due no later than December 5, 2014.
Defendants’ pending Motion to Dismiss. No Case 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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ERED

___________________________________
O ORD D
IT IS S
DIFIE
THE HONORABLE SAMUEL CONTI
AS MO
UNITED STATES DISTRICT JUDGE
nti
muel Co
udge Sa
J

09/03/2014
DATED:_____________

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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