Special Situations Fund III QP, L.P. et al v. Brar et al

Filing 43

STIPULATION AND ORDER RE: NOTICE OF SETTLEMENT AND RESPONSE TO AMENDED COMPLAINT. Case Management Statement due by 10/16/2015. Case Management Conference set for 10/23/2015 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 09/04/2015. (tmiS, COURT STAFF) (Filed on 9/4/2015)

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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]
JOHN C. DWYER (136533)
([e-mail])
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]
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, and Murray Jones

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[Additional Counsel on Signature Page]

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SPECIAL SITUATIONS FUND III QP,
L.P., SPECIAL SITUATIONS CAYMAN
FUND, L.P., WOLVERINE FLAGSHIP
FUND TRADING LIMITED, PINE RIVER
MASTER FUND Ltd. and NISSWA
ACQUISITION MASTER FUND Ltd.,

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Plaintiffs,

Case No. 3:14-CV-04717-SC
NOTICE OF SETTLEMENT AND
STIPULATION AND [PROPOSED] ORDER
REGARDING RESPONSE TO AMENDED
COMPLAINT
Judge:

Hon. Samuel Conti

v.
H. RAVI BRAR, SUSIE HERRMANN and
MURRAY JONES
Defendants.

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STIPULATION AND [PROPOSED] ORDER

CASE NO. 3:14-CV-04717-SC

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WHEREAS, on October 23, 2014, Plaintiffs Special Situations Fund III QP, L.P. (“SSF

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III”), Special Situations Cayman Fund, L.P. (“SSF Cayman” and, with SSF III, “SSF”) and

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Wolverine Flagship Fund Trading Limited (“Wolverine”) filed a complaint in the above

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captioned action (the “Complaint”) (Dkt. 1);

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WHEREAS, on December 12, 2014, Defendants H. Ravi Brar, Susie Herrmann, and

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Murray Jones (collectively, “Defendants”) filed a motion to dismiss the Complaint (Dkt. 18),

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which the parties fully briefed;

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WHEREAS, on March 26, 2015, the Court issued an Order granting in part and denying

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in part Defendants’ Motion to Dismiss, and allowing SSF and Wolverine to file an amended

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complaint (the “Order” (Dkt. 29));

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WHEREAS, on July 22, 2015, Wolverine and SSF, along with Pine River Master Fund

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Ltd. (“Pine River”) and Nisswa Acquisition Master Fund (“Nisswa”) filed a First Amended

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Complaint (Dkt. 34) (Pine River, Nisswa, SSF, and Wolverine are collectively referred to herein

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as “Plaintiffs”);

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WHEREAS, on July 7, 2015, the Court issued an Order granting a stipulation setting the

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deadline for Defendants to file and serve their response to Plaintiffs’ amended complaint no later

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than September 4, 2015 (Dkt. 33);

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WHEREAS, the parties have settled the above captioned matter and have executed a

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settlement agreement, which contemplates that Plaintiffs will fully and finally dismiss this action

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with prejudice no later than September 28, 2015;

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED among the Parties,
through their respective counsel, as follows:
1.

In light of the parties’ settlement, Defendants need not presently respond to

Plaintiffs’ amended complaint (Dkt. 33).
2.

The Court shall set a Case Management Conference for October 23, 2015, or such

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date as is convenient for the Court, in the event a dismissal is not filed in advance of that date as

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contemplated under the parties’ settlement agreement.

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1.

STIPULATION AND [PROPOSED] ORDER

CASE NO. 3:14-CV-04717-SC

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Respectfully submitted,

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IT IS SO STIPULATED.
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Dated: September 3, 2015

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COOLEY LLP
TOWER C. SNOW (58342)
JOHN C. DWYER (136533)
JESSICA VALENZUELA SANTAMARIA (220934)
ADAM C. TRIGG (261498)
JOSEPH B. WOODRING (272940)

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/s/ Joseph B. Woodring
Joseph B. Woodring (272940)

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Attorneys for Defendants
H. Ravi Brar, Susie Herrmann, and Murray Jones

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Dated: September 3, 2015

LOWENSTEIN SANDLER LLP
MICHAEL J. McGAUGHEY (198617)
STEVEN M. HECHT (appearance pro hac vice)
/s/ Steven M. Hecht
Steven M. Hecht (appearance pro hac vice)
1251 Avenue of the Americas
New York, NY 10020
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiffs
Special Situations Fund III QP, L.P., Special Situations
Cayman Fund, L.P., Wolverine Flagship Fund Trading
Limited, Pine River Master Fund Ltd., and Nisswa
Acquisition Master Fund

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2.

STIPULATION AND [PROPOSED] ORDER

CASE NO. 3:14-CV-04717-SC

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ORDER

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Pursuant to the stipulation of the parties, and light of the parties’ settlement, Defendants

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need not presently respond to Plaintiffs’ amended complaint (Dkt. 33). The Court sets a Case

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Management Conference for October 23, 2015, or such date as is convenient for the Court, in the

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event a dismissal is not filed in advance of that date as contemplated under the parties’ settlement

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agreement.

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09/04
Dated: __________, 2015

LI

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120876365 v2

FO

amu
Judge S

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el Conti

NO

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R NIA

THE HONORABLE SAMUEL CONTI
UNITED STATES DISTRICT JUDGE

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UNIT
ED

IT IS SO ORDERED.

S DISTRICT
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STIPULATION AND [PROPOSED] ORDER

CASE NO. 3:14-CV-04717-SC