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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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
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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 [PROPOSED] ORDER
TO CONTINUE CASE MANAGEMENT
CONFERENCE
Hon. Edward M. Chen
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-1Case No. 3:15-cv-00265-EMC
Stipulation and [Proposed] Order to Continue Case
Management Conference
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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
Amended Class Action Consolidated Complaint for Violation of the Federal Securities Laws (the
11 “Complaint”) (ECF No. 99);
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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.
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WHEREAS, following briefing on Defendants’ motion to dismiss, the Court held a
16 hearing on July 21, 2016;
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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;
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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;
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WHEREAS, the parties executed a Stipulation of Settlement on February 15, 2017;
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WHEREAS, Lead Plaintiff filed an unopposed motion for preliminary approval of the
23 proposed class action settlement on February 15, 2017;
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WHEREAS, the Court requested supplemental briefing in support of the motion for
25 preliminary approval of the class action settlement on February 22, 2017;
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WHEREAS, the parties are in the process of responding to the Court’s request for
27 additional information; and
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-2Case No. 3:15-cv-00265-EMC
Stipulation and [Proposed] Order to Continue Case
Management Conference
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WHEREAS, the parties therefore respectfully request that the Court continue the Case
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Management Conference for sixty (60) days so that the parties may attempt to provide the Court
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with the additional information requested for preliminary approval and, if acceptable, obtain
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preliminary approval of the settlement and proceed with providing notice of the settlement to the
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class.
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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 March
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2, 2017 be continued for sixty (60) days.
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IT IS SO STIPULATED.
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Dated: February 23, 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: 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
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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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-3Case No. 3:15-cv-00265-EMC
Stipulation and [Proposed] Order to Continue Case
Management Conference
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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: February 23, 2017
By:
/s/ Adam M. Apton
ADAM M. APTON
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-4Case No. 3:15-cv-00265-EMC
Stipulation and [Proposed] Order to Continue Case
Management Conference
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[PROPOSED] 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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IT IS SO ORDERED.
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February 27, 2017
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DATED:
DERED
SO OR ED
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DIFI
AS MO
HON. EDWARD M. CHEN
UNITED STATES DISTRICT JUDGE
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M. Che
Edward
Judge
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May 11, 2017
10:30 a.m.
continued to ____________________________ at ___________.
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The Case Management Conference currently set for March 2, 2017 shall be
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-5Case No. 3:15-cv-00265-EMC
Stipulation and [Proposed] Order to Continue Case
Management Conference
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