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)

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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

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