Mastro v. Electronic Arts, Inc. et al
Filing
13
ORDER ADMINISTRATIVELY CLOSING CASE:STIPULATION WITH PROPOSED ORDER Relating and Consolidating Cases. Signed by Judge Susan Illston on 1/22/14. (tfS, COURT STAFF) (Filed on 1/22/2014)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
ROBERT P. VARIAN (SBN 107459)
JAMES N. KRAMER (SBN 154709)
ALEXANDER K. TALARIDES (SBN 268068)
ORRICK, HERRINGTON & SUTCLIFFE LLP
The Orrick Building
405 Howard Street
San Francisco, CA 94105-2669
Telephone: (415) 773-5700
Facsimile: (415) 773-5759
Email: rvarian@orrick.com
jkramer@orrick.com
atalarides@orrick.com
Attorneys for Defendants Electronic Arts, Inc., Andrew Wilson,
Blake Jorgensen, Patrick Söderlund, Frank D. Gibeau and
Peter Robert Moore
LIONEL Z. GLANCY (SBN 134180)
MICHAEL GOLDBERG (SBN 188669)
ROBERT V. PRONGAY (SBN 270796)
GLANCY BINKOW & GOLDBERG LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
Email: lglancy@glancylaw.com
mgoldberg@glancylaw.com
rprongay@glancylaw.com
-and
JEREMY A. LIEBERMAN
LESLEY F. PORTNOY
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
Email: jlieberman@pomlaw.com
lfportnoy@pomlaw.com
Attorneys for Plaintiff Louis Mastro
20
21
22
23
24
25
26
27
28
SHAWN WILLIAMS (SBN 213113)
ROBBINS GELLER RUDMAN & DOWD LLP
One Montgomery St, Suite 1800
San Francisco, CA 94104
Telephone: (415) 288-4545
Facsimile: (415) 288-4534
Email: shawnw@rgrdlaw.com
-and
SAMUEL RUDMAN
MARY K. BLASY
ROBBINS GELLER RUDMAN & DOWD LLP
58 South Service Road, Suite 200
Melville, NY 11747
Telephone: (631) 367-7100
Facsimile: (631) 367-1173
Email: srudman@rgrdlaw.com
STIPULATION AND [PROPOSED] ORDER RELATING
AND CONSOLIDATING CASES
1
2
3
4
5
mblasy@rgrdlaw.com
-and
COREY D. HOLZER
MARSHALL P. DEES
HOLZER & HOLZER, LLC
200 Ashford Center North, Suite 300
Atlanta, GA 30338
Telephone: (770) 392-0090
Facsimile: (770) 392-0029
Attorneys for Plaintiff Ryan Kelly
6
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
11
RYAN KELLY, Individually and On Behalf
of All Others Similarly Situated,
Case No. 3:13-cv-05837-SI
12
Plaintiff,
13
v.
14
15
16
ELECTRONIC ARTS, INC., ANDREW
WILSON, BLAKE JORGENSEN, PATRICK
SÖDERLUND, FRANK D. GIBEAU AND
PETER ROBERT MOORE,
17
18
19
Defendants.
Plaintiff,
20
21
22
23
24
Case No. 3:14-cv-00188-SI
LOUIS MASTRO, Individually and On
Behalf of All Others Similarly Situated,
v.
STIPULATION AND [PROPOSED]
ORDER RELATING AND
CONSOLIDATING CASES
ELECTRONIC ARTS, INC., ANDREW
WILSON, BLAKE JORGENSEN, PATRICK
SÖDERLUND, FRANK D. GIBEAU AND
PETER ROBERT MOORE,
Defendants.
C-14-0188 IS ADMINISTRATIVELY CLOSED
25
26
27
28
2
1
2
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
1.
Pursuant to Fed. R. Civ. P. 42(a), and Civil L.R. 3-12 plaintiffs Ryan Kelly and
3
Louis Mastro (ccollectively, “Plaintiffs”), and defendants Electronic Arts, Inc., Andrew Wilson,
4
Blake Jorgensen, Patrick Söderlund, Frank D. Gibeau and Peter Robert Moore (collectively,
5
“Defendants”), hereby give notice that two putative class action complaints asserting violations of
6
federal securities laws have been filed to date by shareholders of Electronic Arts, Inc. (“EA”) in
7
the Northern District of California.
8
2.
On November December 17, 2013, the first of at least two related actions were
9
filed, and notice of this action to members of the purported class was published pursuant to 15
10
U.S.C. §78u-4(a)(3)(A) (“Notice”). The Notice provided that “no later than 60 days” from the
11
date of the Notice, any member of the purported class “may move the Court to serve as lead
12
plaintiff through counsel of their choice . . . .”
13
3.
Pursuant to the Notice as well as 15 U.S.C. §78u-4(a)(3)(B), on or before February
14
18, 2014, the parties expect one or more members of the purported class to file with the Court a
15
motion for appointment of lead plaintiff(s) and lead counsel.
16
17
18
4.
These two actions concern the same parties, arise out of the same transactions or
occurrences, and involve substantially similar alleged issues of fact and law.
5.
In an effort to ensure consistent rulings and to avoid unduly burdensome
19
duplication of labor and expense, counsel for the parties in the above-captioned actions enter into
20
the instant Stipulation in order to relate and consolidate the two actions for all purposes, including
21
pre-trial proceedings and trial.
22
6.
The two actions are as follows:
23
24
25
26
Case Name
Ryan Kelly v. Electronic Arts, Inc.,
et al.
Louis Mastro v. Electronic Arts,
Inc., et al.
Case Number
Date Filed
13-cv-05837-SI
December 17, 2013
14-cv-00188-SI
January 13, 2014
27
28
3
1
2
3
7.
Court’s resources for Defendants to respond to the individual complaints prior to consolidation
and the filing of a consolidated complaint (“Consolidated Complaint”).
4
5
6
7
Thus, IT IS HEREBY STIPULATED by the parties, through their counsel of record,
that:
1.
Defendants hereby accept service of the above-captioned complaints.
2.
The above-captioned cases should be consolidated into one Consolidated Action
8
bearing the case number Civil Action No. 13-cv-05837-SI pending before the
9
10
Honorable Susan Illston.
3.
11
administrative purposes. The Clerk of the Court shall file a copy of this order in
13
15
16
The other above-referenced action, Louis Mastro v. Electronic Arts, Inc., et al.,
Civil Action No. 14-cv-00188-SI (the “Mastro Action”), should be closed for
12
14
The parties agree that it would be duplicative and wasteful of the parties’ and the
the separate file for the Mastro Action.
4.
The docket in Civil Action No. 13-cv-05837-SI shall constitute the Master Docket
for this action. Every pleading filed in the Consolidated Action shall bear the
following caption:
17
18
19
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
20
21
In re ELECTRONIC ARTS, INC. SECURITIES
LITIGATION
22
23
24
_____________________________________
25
This Document Relates To:
_____________________________________
26
27
28
4
)
)
)
)
)
)
)
)
)
)
Master File No.
4:13-cv-05837-SI
CLASS ACTION
1
5.
2
every action in the Consolidated Action. When the document being filed pertains
3
to all actions, the phrase “All Actions” shall appear immediately after the phrase
4
“This Documents Relates To.” When a document applies only to some, not all, of
5
the actions, the document shall list, immediately after the phrase “This Documents
6
Relates To:,” the docket number for each individual action to which the document
7
8
applies, along with the last name of the first-listed plaintiff in said action.
6.
9
absent order of the Court.
7.
12
filed by lead plaintiff’s counsel within 45 days of the entry of the order designating
14
lead plaintiff and lead plaintiff’s counsel.
8.
16
subsequently-filed related action. Defendants shall answer, move or otherwise
18
respond to the Consolidated Complaint within 45 days after the date on which all
19
21
22
23
24
25
26
No Defendant shall be required to answer, move, or otherwise respond to the
various initial complaints filed in any of the actions identified above or any
17
20
Subsequent to the Court’s selection of lead plaintiff and lead plaintiff’s counsel,
unless otherwise agreed upon by the parties, a Consolidated Complaint shall be
13
15
All related actions subsequently filed in, or transferred to, this District shall be
consolidated into the Master Docket. This Order shall apply to every such action,
10
11
The file in Civil Action No. 13-cv-05837-SI shall constitute a Master File for
Defendants have been served with the Consolidated Complaint.
9.
If any Defendant files a motion to dismiss the Consolidated Complaint, a motion
to strike, or any other motion in response to the Consolidated Complaint, lead
plaintiff shall have 45 days to file an opposition thereto, and Defendants shall file
their reply papers within 30 days thereafter, unless otherwise agreed upon by the
parties subject to Court approval. The parties shall meet and confer on a date for
the hearing of any such motion and the parties shall schedule the hearing date at a
time that is convenient to the Court.
27
28
5
1
2
3
4
5
10.
Lead plaintiff’s counsel shall have authority to speak for, and enter into
agreements on behalf of Plaintiffs in all matters regarding pretrial procedures,
discovery, and settlement negotiations. Defendants’ counsel may rely upon
agreements made with lead plaintiff’s counsel and such agreements shall be
binding on all Plaintiffs.
6
Dated: January 21, 2014
7
8
ROBERT P. VARIAN
JAMES N. KRAMER
ALEXANDER K. TALARIDES
Orrick, Herrington & Sutcliffe LLP
9
10
/s/ Robert P. Varian
ROBERT P. VARIAN
Attorneys for Defendants
11
12
14
I, Robert P. Varian, am the ECF user whose ID and password are being used to file this
Stipulation and [Proposed] Order Relating and Consolidating Cases. In compliance with
General Order 45, X.B., I hereby attest that Jeremy A. Lieberman has concurred in this filing.
15
Dated: January 21, 2014
13
16
JEREMY A. LIEBERMAN
LESLEY F. PORTNOY
Pomerantz LLP
17
/s/ Jeremy A. Lieberman
JEREMY A. LIEBERMAN
Attorneys for Plaintiff Louis Mastro
18
19
21
II, Robert P. Varian, am the ECF user whose ID and password are being used to file this
Stipulation and [Proposed] Order Relating and Consolidating Cases. In compliance with
General Order 45, X.B., I hereby attest that Shawn Williams has concurred in this filing.
22
Dated: January 21, 2014
20
23
SHAWN WILLIAMS
SAMUEL RUDMAN
MARY BLASY
Robbins Geller Rudman & Dowd
24
25
/s/ Shawn Williams
SHAWN WILLIAMS
Attorneys for Plaintiff Ryan Kelly
26
27
28
6
1
2
3
4
ORDER
Based on the stipulation of the signed parties, and good cause appearing, IT IS HEREBY
ORDERED that the Stipulation is approved.
It is so ORDERED.
5
6
7
1/22/14
DATED: _______________________
8
THE HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE
9
10
The Court hereby administratively closes C-14-0188 SI.
the master case C-13-5837 SI.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7
All filings shall be made in
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?