Sabatino v. Rooney et al

Filing 125

STIPULATION AND ORDER: 124 to Continue Case Management Conference filed by Thomas Rooney, Energy Recovery, Inc., Audrey Bold. Case Management Statement due by 2/23/2017. Further Case Management Conference continued from 1/26/2017 to 3/2/2017 at 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 1/20/2017. (afmS, COURT STAFF) (Filed on 1/23/2017)

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DAVID M. FURBUSH (SBN 83447)
[e-mail]
2 JAMES M. LINDFELT (SBN 275352)
[e-mail]
3 PILLSBURY WINTHROP SHAW PITTMAN LLP
4 2550 Hanover Street
Palo Alto, CA 94304-1115
5 Telephone: [phone]
Facsimile:
650.233.4545
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Attorneys for Energy Recovery, Inc.,
7 Thomas S. Rooney, and Audrey Bold
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Case No. 3:15-cv-00265-EMC

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IN RE ENERGY RECOVERY, INC.
SECURITIES LITIGATION

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CLASS ACTION
STIPULATION AND ORDER TO
CONTINUE CASE MANAGEMENT
CONFERENCE
Hon. Edward M. Chen

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-1Case No. 3:15-cv-00265-EMC

Stipulation and Order to Continue Case
Management Conference
4843-7282-5152.v1

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STIPULATION

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The parties to this action, by and through their respective counsel, stipulate and agree as
follows:

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WHEREAS, this case is a putative class action brought under the Securities Exchange
Act of 1934 (the “Exchange Act”);

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WHEREAS, section 21D(b)(3)(B) of the Exchange Act, 15 U.S.C. section 78u-

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4(b)(3)(B), provides for a mandatory and automatic stay of all discovery and other proceedings

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during the pendency of any motion to dismiss brought in this matter;

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WHEREAS, on May 26, 2016, Lead Plaintiff Henry Low (“Plaintiff”) filed the Second

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Amended Class Action Consolidated Complaint for Violation of the Federal Securities Laws (the

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“Complaint”) (ECF No. 99);

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WHEREAS, on June 13, 2016, Defendants Energy Recovery, Inc., Thomas Rooney, and

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Audrey Bold (collectively, “Defendants”) filed a motion to dismiss the Complaint (ECF No.

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100);

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WHEREAS, following briefing on Defendants’ motion to dismiss, the Court held a
hearing on July 21, 2016;
WHEREAS, on August 5, 2016, the Court agreed to reserve decision on the motion to
dismiss while the parties took part in private mediation;
WHEREAS, the parties conducted mediation on Wednesday, October 12th and reached
an agreement in principle to settle the action, subject to negotiation of certain details;

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WHEREAS, the parties have entered into a memorandum of understanding with regards

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to the settlement, have exchanged drafts of the settlement agreement and will soon be submitting

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to this court a stipulation of settlement and proposed notice to the class; and

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WHEREAS, the parties therefore respectfully request that the Court continue the Case

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Management Conference for thirty days so that the parties may attempt to finalize the language

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of the settlement agreement and notice to the class.

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Stipulation and Order to Continue Case
Management Conference
4843-7282-5152.v1

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NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE,

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subject to the Court’s approval, that the Case Management Conference, currently set for January

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26, 2017 be continued for thirty days.

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IT IS SO STIPULATED.

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Dated: January 19, 2017

PILLSBURY WINTHROP SHAW
PITTMAN LLP
DAVID M. FURBUSH
JAMES M. LINDFELT
2550 Hanover Street
Palo Alto, CA 94304-1115

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By:

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/s/ David M. Furbush
David M. Furbush
Attorneys for Defendants Energy Recovery,
Inc., Thomas S. Rooney, Jr., and Audrey
Bold

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Dated: January 19, 2017

NICHOLAS I. PORRITT
ADAM M. APTON
1101 30th Street N.W., Suite 115
Washington, D.C., 20007
Tel: [phone]
Fax: [phone]

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By:

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/s/ Adam M. Apton
Adam M. Apton
PUNZALAN LAW, P.C.
MARK PUNZALAN
600 Allerton St., Suite 201
Redwood City, CA 94063

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Attorneys for Lead Plaintiff Henry Low and
Lead Counsel for Class

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CIVIL LOCAL RULE 5-1 ATTESTATION
In accordance with Civil Local Rule 5-1(i)(3), I hereby attest that the other signatories
concurred in this filing.

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Dated: January 19, 2017
By:

/s/ James M. Lindfelt
JAMES M. LINDFELT

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Stipulation and Order to Continue Case
Management Conference
4843-7282-5152.v1

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ORDER
Upon review of the parties’ Stipulation to Continue the Case Management Conference,
and good cause appearing therefore,

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IT IS HEREBY ORDERED AS FOLLOWS:

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1.

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The Case Management Conference currently set for January 26, 2017 shall be

continued to March 2, 2017 at 10:30 a.m. Case Management Statement due February 23, 2017.
IT IS SO ORDERED.

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DATED:

January 20, 2017
HON. EDWARD M. CHEN
UNITED STATES DISTRICT JUDGE

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Stipulation and [Proposed] Order to Continue Case
Management Conference
4843-7282-5152.v1