Sabatino v. Rooney et al

Filing 131

STIPULATION AND ORDER re 130 to Continue Case Management Conference filed by Henry Low. Case Management Statement due by 5/4/2017. Further Case Management Conference set for 5/11/2017 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 2/27/17. (bpfS, COURT STAFF) (Filed on 2/27/2017)

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1 2 3 4 5 6 ADAM M. APTON (pro hac vice) aapton@zlk.com LEVI & KORSINSKY LLP 1101 30th Street N.W., Suite 115 Washington, D.C. 20007 Telephone: 202.524.4290 Facsimile: 202.333.2121 Attorneys for Lead Plaintiff and Lead Counsel for Class 7 UNITED STATES DISTRICT COURT 8 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 Case No. 3:15-cv-00265-EMC 12 13 IN RE ENERGY RECOVERY, INC. SECURITIES LITIGATION 14 15 16 CLASS ACTION STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE Hon. Edward M. Chen 17 18 19 20 21 22 23 24 25 26 27 28 -1Case No. 3:15-cv-00265-EMC Stipulation and [Proposed] Order to Continue Case Management Conference 1 STIPULATION 2 3 The parties to this action, by and through their respective counsel, stipulate and agree as follows: 4 5 WHEREAS, this case is a putative class action brought under the Securities Exchange Act of 1934 (the “Exchange Act”); 6 WHEREAS, section 21D(b)(3)(B) of the Exchange Act, 15 U.S.C. section 78u- 7 4(b)(3)(B), provides for a mandatory and automatic stay of all discovery and other proceedings 8 during the pendency of any motion to dismiss brought in this matter; 9 10 WHEREAS, on May 26, 2016, Lead Plaintiff Henry Low (“Plaintiff”) filed the Second Amended Class Action Consolidated Complaint for Violation of the Federal Securities Laws (the 11 “Complaint”) (ECF No. 99); 12 WHEREAS, on June 13, 2016, Defendants Energy Recovery, Inc., Thomas Rooney, and 13 Audrey Bold (collectively, “Defendants”) filed a motion to dismiss the Complaint (ECF No. 14 100); 15 WHEREAS, following briefing on Defendants’ motion to dismiss, the Court held a 16 hearing on July 21, 2016; 17 WHEREAS, on August 5, 2016, the Court agreed to reserve decision on the motion to 18 dismiss while the parties took part in private mediation; 19 WHEREAS, the parties conducted mediation on Wednesday, October 12, 2016 and 20 reached an agreement in principle to settle the action, subject to negotiation of certain details; 21 WHEREAS, the parties executed a Stipulation of Settlement on February 15, 2017; 22 WHEREAS, Lead Plaintiff filed an unopposed motion for preliminary approval of the 23 proposed class action settlement on February 15, 2017; 24 WHEREAS, the Court requested supplemental briefing in support of the motion for 25 preliminary approval of the class action settlement on February 22, 2017; 26 WHEREAS, the parties are in the process of responding to the Court’s request for 27 additional information; and 28 -2Case No. 3:15-cv-00265-EMC Stipulation and [Proposed] Order to Continue Case Management Conference 1 WHEREAS, the parties therefore respectfully request that the Court continue the Case 2 Management Conference for sixty (60) days so that the parties may attempt to provide the Court 3 with the additional information requested for preliminary approval and, if acceptable, obtain 4 preliminary approval of the settlement and proceed with providing notice of the settlement to the 5 class. 6 NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE, 7 subject to the Court’s approval, that the Case Management Conference, currently set for March 8 2, 2017 be continued for sixty (60) days. 9 IT IS SO STIPULATED. 10 11 Dated: February 23, 2017 PILLSBURY WINTHROP SHAW PITTMAN LLP DAVID M. FURBUSH JAMES M. LINDFELT 2550 Hanover Street Palo Alto, CA 94304-1115 12 13 14 15 By: 16 /s/ David M. Furbush David M. Furbush Attorneys for Defendants Energy Recovery, Inc., Thomas S. Rooney, Jr., and Audrey Bold 17 18 19 Dated: February 23, 2017 NICHOLAS I. PORRITT ADAM M. APTON 1101 30th Street N.W., Suite 115 Washington, D.C., 20007 Tel: (202) 524-4290 Fax: (202) 333-2121 20 21 22 By: 23 /s/ Adam M. Apton Adam M. Apton PUNZALAN LAW, P.C. MARK PUNZALAN 600 Allerton St., Suite 201 Redwood City, CA 94063 24 25 26 Attorneys for Lead Plaintiff Henry Low and Lead Counsel for Class 27 28 -3Case No. 3:15-cv-00265-EMC Stipulation and [Proposed] Order to Continue Case Management Conference 1 2 3 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. 4 5 Dated: February 23, 2017 By: /s/ Adam M. Apton ADAM M. APTON 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4Case No. 3:15-cv-00265-EMC Stipulation and [Proposed] Order to Continue Case Management Conference 1 2 3 [PROPOSED] ORDER Upon review of the parties’ Stipulation to Continue the Case Management Conference, and good cause appearing therefore, 4 IT IS HEREBY ORDERED AS FOLLOWS: 5 1. IT IS SO ORDERED. S February 27, 2017 R NIA DATED: DERED SO OR ED IT IS DIFI AS MO HON. EDWARD M. CHEN UNITED STATES DISTRICT JUDGE n M. Che Edward Judge NO 11 RT 12 ER H 13 FO 10 UNIT ED 9 RT U O 8 S DISTRICT TE C TA LI 7 May 11, 2017 10:30 a.m. continued to ____________________________ at ___________. 14 A 6 The Case Management Conference currently set for March 2, 2017 shall be N F D IS T IC T O R C 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5Case No. 3:15-cv-00265-EMC Stipulation and [Proposed] Order to Continue Case Management Conference

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