Sabatino v. Rooney et al

Filing 44

STIPULATION AND ORDER RESETTING CMC. Case Management Conference REset for 12/3/2015 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Case Management Statement due by 11/25/2015. Signed by Judge Edward M. Chen on 7/8/15. (bpf, COURT STAFF) (Filed on 7/8/2015)

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PUNZALAN LAW, P.C.
Mark Punzalan (SBN: 247599)
600 Allerton Street, Suite 201
Redwood City, California 94063
Tel: [phone]
Fax: [phone]
[e-mail]
LEVI & KORSINSKY LLP
Nicholas I. Porritt (admitted pro hac vice)
Email: [e-mail]
1101 30th Street N.W., Suite 115
Washington, D.C. 20007
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Lead Plaintiff Henry Low
and Lead Counsel for Class
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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 CONTINUE
SCHEDULING CONFERENCE
Judge: Hon. Edward M. Chen
Case Management Conference: July 16, 2015

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STIPULATION AND [PROPOSED] ORDER
TO CONTINUE SCHEDULING CONFERENCE

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STIPULATION

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

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WHEREAS, Section 21D(b)(3)(B) of the Exchange Act, 15 U.S.C. §78u-4(b)(3)(B),

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provides for a mandatory and automatic stay of “all discovery and other proceedings” during the

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pendency of any motion to dismiss brought in this matter; and

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WHEREAS, the Court has set a Case Management Conference to be held on July 16, 2015,

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at 9:30 a.m., and has directed the parties to file a Case Management Statement on or before July 9,

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2015 (see Dkt. No. 39); and

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WHEREAS, in light of the mandatory discovery stay that will be in effect during the

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pendency of any motions to dismiss, the parties respectfully submit that it would be premature to set

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a case schedule or develop a discovery plan at this stage of the proceedings; and

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WHEREAS, the parties therefore respectfully request that the Court continue the Case
Management Conference to take place only after challenges to the pleadings are resolved.

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NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE, subject to
the Court’s approval, that:

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1.

The Case Management Conference, currently set for July 16, 2015 at 9:30 a.m., shall

be taken off calendar.

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2.

The Case Management Conference will be rescheduled by the Court following the

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resolution of challenges to the pleadings.

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STIPULATION AND [PROPOSED] ORDER
TO CONTINUE SCHEDULING CONFERENCE

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IT IS SO STIPULATED.
Dated: July 7, 2015

PUNZALAN LAW, P.C.

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By: /s/ Mark Punzalan
Mark Punzalan

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600 Allerton St., Suite 201
Redwood City, CA 94063

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LEVI & KORSINSKY LLP
Nicholas I. Porritt
1101 30th Street N.W., Suite 115
Washington, D.C. 20007
Tel: [phone]
Fax: [phone]

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Attorneys for Lead Plaintiff Henry Low
and Lead Counsel for Class

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Dated: July 7, 2015

PILLSBURY WINTHROP SHAW PITTMAN LLP
By: /s/ David M. Furbush
David M. Furbush

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2550 Hanover Street
Palo Alto, CA 94304-1115

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Attorneys for Defendant Energy Recovery, Inc.

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ECF ATTESTATION

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I, Mark Punzalan, am the ECF User whose ID and Password are being used to file the

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foregoing document. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that David M.

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Furbush has concurred in this filing.

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DATED: July 7, 2015

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PUNZALAN LAW, P.C.
By: /s/ Mark Punzalan
Mark Punzalan

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STIPULATION AND [PROPOSED] ORDER
TO CONTINUE SCHEDULING 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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3.

resolution of challenges to the pleadings.

is reset for 12/3/15 at 9:30 a.m. A joint
cmc statement shall be filed by 11/25/15.

IT IS SO ORDERED.

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______________________________________
HON. EDWARD M. CHENERED
O ORD JUDGE
UNITED STATES DISTRICTD
IT IS S
IFIE

NO

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DATED: _________________

UNIT
ED

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7/8/15

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The Case Management Conference will be rescheduled by the Court following the

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4.

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taken off the calendar.

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The Case Management Conference, currently set for July 16, 2015 at 9:30 a.m., is

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F
D IS T IC T O
R

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STIPULATION AND [PROPOSED] ORDER
TO CONTINUE SCHEDULING CONFERENCE

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