Sabatino v. Rooney et al

Filing 94

STIPULATION AND ORDER re 93 STIPULATION WITH PROPOSED ORDER TO ADJOURN CASE MANAGEMENT CONFERENCE filed by Henry Low Case Management Statement due by 7/21/2016. Initial Case Management Conference set for 7/28/2016 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 3/11/16. (bpf, COURT STAFF) (Filed on 3/11/2016)

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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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[Additional Counsel Listed on Signature Page]

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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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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
Hon. Edward M. Chen

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STIPULATION

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

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WHEREAS, on October 9, 2015, Lead Plaintiff Henry Low (“Plaintiff”) filed the Amended

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

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“Complaint”);

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WHEREAS, Defendants Energy Recovery, Inc., Thomas Rooney, and Audrey Bold
(collectively, “Defendants”) filed a motion to dismiss the Complaint on November 9, 2015; and
WHEREAS, the Court granted in part and denied in part Defendants’ motion to dismiss on
January 27, 2016, granting Plaintiff leave to amend;
WHEREAS, Plaintiff anticipates filing an amended complaint, which is currently due on or
before May 29, 2016 pursuant to the Court’s Order dated February 11, 2016;
WHEREAS, Defendants anticipate moving to dismiss Plaintiff’s forthcoming amended
complaint;
WHEREAS, Plaintiff is currently seeking to intervene in the related action styled Barnes v.

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Energy Recovery, Inc., et al., Case No. 16-cv-00477-EMC (the “Barnes Action”), and oppose

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Energy Recovery, Inc.’s, Motion for Order Directing Plaintiff and Plaintiff’s Counsel to Return

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Defendant Energy Recovery, Inc.’s Documents;

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WHEREAS, the Court in the Barnes Action referred Energy Recovery, Inc.’s, motion and

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Plaintiff’s motion to intervene to Magistrate Judge Laurel Beeler pursuant to its Order dated March

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7, 2016;

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WHEREAS, Magistrate Judge Laurel Beeler has not yet set a hearing date for the pending
motions in the Barnes Action;

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STIPULATION

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WHEREAS, the Court has set a Case Management Conference to be held on March 17,

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2016, at 9:30 a.m., and has directed the parties to file a Case Management Statement on or before

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March 10, 2016 (ECF No. 79);

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WHEREAS, in light of Plaintiff’s forthcoming amended complaint and Defendants’

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anticipated motion to dismiss, the parties respectfully submit that it would be premature to set a case

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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.
NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE, subject to
the Court’s approval, that:
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The Case Management Conference, currently set for March 17, 2016 at 9:30 a.m.,

shall be taken off calendar.
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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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IT IS SO STIPULATED.

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Dated: March 10, 2016

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

By: s/ Adam Apton
Adam M. Apton
PUNZALAN LAW, P.C.
MARK PUNZALAN
600 Allerton St., Suite 201
Redwood City, CA 94063
Attorneys for Lead Plaintiff Henry Low and
Lead Counsel for Class

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STIPULATION

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Dated: March 10, 2016

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

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By: s/ James Lindfelt
James M. Lindfelt

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Attorneys for Defendant Energy Recovery, Inc.,
Thomas Rooney Jr. and Audrey Bold

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STIPULATION

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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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1.

The Case Management Conference, currently set for March 17, 2016 at 9:30 a.m., is

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resolution of challenges to the pleadings. is reset for July 28,2016 at 9:30 a.m. An updated joint
CMC statement shall be filed by July 21, 2016.

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4831-9865-9883, v. 1

D

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. Chen

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______________________________________
HON. EDWARD RED
ORDE M. CHEN
IS SO STATESD
UNITED
IT
IFIE DISTRICT JUDGE

NO

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UNIT
ED

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3/11/16

DATED: _________________

S DISTRICT
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IT IS SO ORDERED.

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

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2.

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taken off the calendar.

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F
D IS T IC T O
R

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[PROPOSED] ORDER

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