Rahimi v. Tesla Motors, Inc. et al

Filing 38

ORDER granting 37] STIPULATION WITH PROPOSED ORDER to Extend Time To Respond to Complaint and To Modify Briefing Schedule and Page Limitations filed by Tesla Motors, Inc., et al. Set Deadlines: Motion to dismiss due by 6/16/2014. Responses due by 8/7/2014. Replies due by 8/28/2014. Motion Hearing set for 9/26/2014 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Signed by Judge Charles R. Breyer on 5/23/2014. (beS, COURT STAFF) (Filed on 5/27/2014)

1 IRELL & MANELLA LLP

David Siegel (101355)

2 [e-mail]

Charles Elder (186524)

3 [e-mail]

1800 Avenue of the Stars

4 Los Angeles, CA 90067

Telephone: [phone]

5 Facsimile: 310-203-7199
6 Attorneys for Defendants

TESLA MOTORS, INC. and ELON MUSK

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11

ROBERT RAHIMI, Individually and On )
)
)
Plaintiff,
)
)
v.
)
)
TESLA MOTORS, INC. and ELON
)
MUSK,
)
)
Defendants.
)
)
)
)
)
)
)
)
)
)

12 Behalf of All Others Similarly Situated,
13
14
15
16
17
18
19
20
21

Case No. 3:13-CV-05216-CRB
STIPULATION AND ORDER TO
EXTEND TIME TO RESPOND TO
COMPLAINT AND TO MODIFY
BRIEFING SCHEDULE AND PAGE
LIMITATIONS;
DECLARATION OF CHARLES
ELDER IN SUPPORT
Hon. Charles R. Breyer

22

WHEREAS Plaintiff Robert Rahimi filed this putative class action on

23
24
25
26

November 8, 2013, asserting claims under Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934 on behalf of a purported class of purchasers of defendant
Tesla Motors, Inc. common stock;

27
28

3049724

Stip. to Extend Time to Respond to
Complaint and Modify Briefing Schedule
Case No. 3:13-CV-05216-CRB

1

WHEREAS the Court appointed Mr. Kazim Acar as lead plaintiff in this case

2 on February 14, 2014, and gave him and Mr. Rahimi (together “Plaintiffs”) 60 days
3 to amend their pleading;
4

WHEREAS on April 16, 2014, Plaintiffs filed their First Amended Class

5 Action Complaint (the "Amended Complaint"), which is 86 pages long, plus
6 exhibits;
7

WHEREAS Defendants plan to file a motion to dismiss;

8

WHEREAS the parties have agreed on a briefing schedule in which

9 Defendants have until June 16, 2014, to file a motion to dismiss the Amended
10 Complaint, Plaintiffs will have until August 7, 2014 to file an opposition, and
11 Defendants will have until August 29, 2014 to file a reply, with a hearing during the
12 week of September 22, 2014;
13

WHEREAS counsel for Plaintiffs, understanding that this Court typically

14 hears motions on Fridays, respectfully requests that the Court accommodate his need
15 to travel to and from the East Coast by scheduling the hearing for either Tuesday,
16 Wednesday or Thursday of that week; Defendants do not object to this
17 accommodation, and are available for the hearing any day during the week of
18 September 22, including Friday, September 26, 2014;
19

WHEREAS in view of the 86-page length of the Amended Complaint, the

20 parties agreed that the page limit set forth in this Court's standing order, with the
21 approval of the Court, would be increased to the page limits set by Local
22 Rule 7-4(b) for the memorandum of points and authorities (25 pages) and the reply
23 (15 pages) and to 30 pages for the opposition.
24

WHEREAS, the requested time modifications will have no other impact on

25 the schedule for the case;
26
27
28

3049724

-2-

Stip. to Extend Time to Respond to
Complaint and Modify Briefing Schedule
Case No. 3:13-CV-05216-CRB

1

THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and

2 between the parties hereto, by their undersigned attorneys, and subject to approval
3 by the Court, that:
4

A.

Defendants have until June 16, 2014, to file a motion to dismiss the

5 Amended Complaint, Plaintiffs have until August 7, 2014 to file an opposition, and
6 Defendants have until August 29, 2014 to file a reply.
7

B.

Page limits for the memoranda of points and authorities in support,

8 opposition and reply shall be: 25 pages for the opening memorandum of points and
9 authorities, 30 pages for the opposition, and 15 pages for the reply, in addition to the
10 summary of argument required by this Court's Standing Order.
11

C.

The hearing on the motion to dismiss shall be scheduled during the

12 week of September 22, 2014, to the extent possible on one of Tuesday, September
13 23, 2014, Wednesday, September 24, 2014, or Thursday, September 25, 2014.
14
15 Dated: May 27, 2014

Respectfully submitted,

16

IRELL & MANELLA LLP

17

By:

18
19
20

Dated: May 27, 2014

/s/ Charles Elder
Charles Elder
Attorneys for Defendants

POMERANTZ LLP

21
22

By:

27

/s/ Matthew Tuccillo
Matthew Tuccillo
Jeremy Lieberman
600 Third Avenue
New York, NY 10016
[e-mail]
Telephone: [phone]
Facsimile: [phone]

28

Attorneys for Plaintiff

23
24
25
26

3049724

-3-

Stip. to Extend Time to Respond to
Complaint and Modify Briefing Schedule
Case No. 3:13-CV-05216-CRB

1

SIGNATURE ATTESTATION

2

I hereby attest, per the Court's Civil L.R. 5-1(i)(3), that concurrence in the

3
4

filing of this document has been obtained from Matthew L. Tuccillo, Esq.
/s/ Charles Elder
Charles Elder

5
6

ORDER

7

8 PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT:

A.

9

Defendants have until June 16, 2014, to file a motion to dismiss the

10 Amended Complaint, Plaintiffs have until August 7, 2014 to file an opposition, and
11 Defendants have until August 29, 2014 to file a reply.

B.

12

Page limits for the memoranda of points and authorities in support,

13 opposition and reply shall be: 25 pages for the memorandum of points and
14 authorities, 30 pages for the opposition, and 15 pages for the reply, in addition to the
15 summary of argument required by this Court's Standing Order.

C.

16

The hearing on the motion to dismiss shall take place on

17 September 26, 2014 at 10:00 a.m.
18
19 Dated this 23rd day of May, 2014
20

RT
U
O

S DISTRICT
TE
C
TA

S

_____________________________
Hon. Charles R. BreyerD
RE
United IS SO ORDE Judge
States District

RT

25

harle
Judge C

ER

27

A

H

26

yer

s R. Bre

NO

24

IT

R NIA

23

FO

22

LI

UNIT
ED

21

N

F
D IS T IC T O
R

C

28

3049724

-4-

Stip. to Extend Time to Respond to
Complaint and Modify Briefing Schedule
Case No. 3:13-CV-05216-CRB