Sabatino v. Rooney et al

Filing 115

STIPULATION AND ORDER re 114 STIPULATION WITH PROPOSED ORDER TO MODIFY DEADLINE FOR MEDIATION filed by Henry Low. Case Management Statement due by 10/20/2016. Further Case Management Conference reset for 10/27/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 8/19/16. (bpfS, COURT STAFF) (Filed on 8/19/2016)

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LEVI & KORSINSKY LLP
NICHOLAS I. PORRITT
ADAM M. APTON
1101 30th Street N.W., Suite 115
Washington, D.C. 20007
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Lead Plaintiff Henry Low
and Lead Counsel for Class

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PILLSBURY WINTHROP SHAW PITTMAN LLP
DAVID M. FURBUSH
JAMES LINDFELT
2550 Hanover Street
Palo Alto, CA 94304-1115
[e-mail]
[e-mail]
Attorneys for Defendant Energy Recovery, Inc.,
Thomas Rooney Jr. and Audrey Bold
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
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IN RE ENERGY RECOVERY INC.
SECURITIES LITIGATION

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Master File No.
3:15-cv-00265-EMC
CLASS ACTION
STIPULATION AND [PROPOSED]
ORDER TO MODIFY ORDER
REFERRING PARTIES TO MEDIATION
Hon. Edward M. Chen

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STIPULATION

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The above-named Lead Plaintiff and Defendants (collectively, the “Parties”), by and
through their respective counsel, stipulate and agree as follows:

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WHEREAS, on May 26, 2016, Lead Plaintiff filed an amended complaint against
Defendants (ECF No. 99);

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WHEREAS, on June 13, 2016, Defendants filed a motion to dismiss (ECF No. 100);

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WHEREAS, following briefing on Defendants’ motion to dismiss, the Court held a

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hearing on July 21, 2016;

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WHEREAS, on or about August 5, 2016, the parties contacted the Court to notify it of
their intention to enter private mediation. The parties also requested that the Court reserve

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decision on Defendants’ pending motion to dismiss until the parties had an opportunity to resolve

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the case through private mediation;

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WHEREAS, on August 5, 2016, the Court agreed to reserve decision while the parties

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entered mediation. The Court ordered the parties to conduct mediation in September 2016, and

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reset a previously scheduled case management conference from October 13, 2016 to September

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29, 2016;

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WHEREAS, the parties have attempted to schedule a mediation in September 2016, but

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have been unsuccessful. The earliest date on which all parties are available to mediate the case

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with the agreed-upon mediator is October 12, 2016;

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NOW THEREFORE, the parties stipulate and agree, subject to the approval of the Court,

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that the deadline for mediation be extended to October 12, 2016 and that the case management

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conference be rescheduled to a date after the mediation.

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STIPULATION AND [PROPOSED] ORDER
RE: MEDIATION
CASE NO. 15-CV-00265-EMC

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: August 15, 2016

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/s/ Adam M. Apton
Adam M. Apton
Levi & Korsinsky, LLP
Attorneys for Lead Plaintiff and the Class

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DATED: August 15, 2015

/s/ David Furbush

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David Furbush
Pillsbury Winthrop Shaw Pittman LLP
Attorneys for Defendants

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I, Adam M. Apton, am the ECF User whose User I.D. and password are being used to file

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this Stipulation. In compliance with General Order 45, X.B., I hereby state that the above-listed

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signatories have concurred in this filing.

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STIPULATION AND [PROPOSED] ORDER
RE: MEDIATION
CASE NO. 15-CV-00265-EMC

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8/19/16
DATED: ________________________

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at 10:30 a.m.
_____________________________________
S DISTR CT
Hon. Edward M.IChen
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United States District C
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PURSUANT TO STIPULATION, IT IS SO ORDERED. The Further CMC is reset
from 9/29/16 to 10/27/16

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STIPULATION AND [PROPOSED] ORDER
RE: MEDIATION
CASE NO. 15-CV-00265-EMC