Newett v. Leapfrog Enterprises, Inc. et al

Filing 130

STIPULATION AND ORDER re 129 TO EXTEND THE MEDIATION DEADLINE AND CONTINUE THE CASE MANAGEMENT CONFERENCE filed by KBC Asset Management NV Case Management Statement due by 9/7/2017. Further Case Management Conference reset for 9/14/2017 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 5/31/17. (bpfS, COURT STAFF) (Filed on 5/31/2017)

1 ROBBINS GELLER RUDMAN
& DOWD LLP
2 SHAWN A. WILLIAMS (213113)
WILLOW E. RADCLIFFE (200087)
3 MATTHEW S. MELAMED (260272)
Post Montgomery Center
4 One Montgomery Street, Suite 1800
San Francisco, CA 94104
5 Telephone: [phone]
415/288-4534 (fax)
6 [e-mail]
[e-mail]
7 [e-mail]
8 MOTLEY RICE LLC
JAMES M. HUGHES (pro hac vice)
9 WILLIAM S. NORTON
CHRISTOPHER F. MORIARTY
10 28 Bridgeside Blvd.
Mount Pleasant, SC 29464
11 Telephone: [phone]
843/216-9450 (fax)
12 [e-mail]
[e-mail]
13 [e-mail]
14 Co-Lead Counsel for Plaintiffs
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

17 In re LEAPFROG ENTERPRISES, INC.
SECURITIES LITIGATION
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19 This Document Relates To:
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ALL ACTIONS.

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1267216_1

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Master File No. 3:15-cv-00347-EMC
CLASS ACTION
STIPULATION AND [PROPOSED] ORDER
TO EXTEND THE MEDIATION
DEADLINE AND CONTINUE THE CASE
MANAGEMENT CONFERENCE

Pursuant to Civil Local Rules 6-2 and 7-12, the parties – lead plaintiff KBC Asset

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2 Management NV (“Lead Plaintiff”) and defendants LeapFrog Enterprises, Inc., John Barbour, and
3 Raymond L. Arthur (“Defendants”) – by and through their undersigned counsel of record, submit the
4 following stipulation and proposed order:
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WHEREAS, on April 6, 2017, the Court directed the parties to complete private mediation

6 and file an updated joint case management statement by July 6, 2017, and scheduled a case
7 management conference for July 13, 2017 at 1:30 p.m. (Dkt. No. 123);
WHEREAS, on multiple occasions the Court has granted the parties’ stipulated request to

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9 continue the scheduled Initial Case Management Conference so that it was held at the same time as
10 hearings on Defendants’ motions to dismiss (Dkt. Nos. 49, 69, 96, 99, 108), and on April 18, 2017,
11 the Court granted the parties stipulated request to extend the deadline to submit a proposed
12 premediation discovery plan (Dkt. No. 124);
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WHEREAS, the parties have agreed to engage the Honorable James Ware (Ret.) to preside

14 over a private mediation of this action;
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WHEREAS, Judge Ware is unavailable during the last two weeks of June and the month of

16 July;
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WHEREAS, the parties and third parties are currently in the process of gathering documents

18 for production in accordance with the Joint Pre-Mediation Discovery Plan submitted on April 27,
19 2017 (Dkt. No. 127);
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WHEREAS, the parties and Judge Ware are available for mediation on August 30, 2017;

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WHEREAS, the parties have conferred and agreed, subject to Court approval, that: (i) the

22 deadline to conduct private mediation should be continued to September 7, 2017; (ii) the deadline to
23 file an updated joint case management statement should be extended to September 7, 2017; and
24 (iii) the case management conference should be continued to September 14, 2017 at 1:30 p.m., or to
25 another time convenient to the Court;
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NOW, THEREFORE, the parties hereby agree and stipulate that:
(i)

the deadline to conduct private mediation is continued to September 7, 2017;

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1267216_1

STIPULATION AND [PROPOSED] ORDER TO EXTEND THE MEDIATION DEADLINE AND
CONTINUE THE CASE MANAGEMENT CONFERENCE - 3:15-cv-00347-EMC

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(ii)

the deadline to file an updated joint case management statement is continued

2 to September 7, 2017; and
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(iii)

the case management conference is continued to September 14, 2017 at

10:30 a.m.

4 1:30 p.m., or to another time convenient to the Court.
5 DATED: May 25, 2017
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ROBBINS GELLER RUDMAN
& DOWD LLP
SHAWN A. WILLIAMS
WILLOW E. RADCLIFFE
MATTHEW S. MELAMED

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s/ Matthew S. Melamed
MATTHEW S. MELAMED

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Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)

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MOTLEY RICE LLC
JAMES M. HUGHES
WILLIAM S. NORTON
CHRISTOPHER F. MORIARTY
28 Bridgeside Blvd.
Mount Pleasant, SC 29464
Telephone: [phone]
843/216-9450 (fax)

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Co-Lead Counsel for Plaintiffs

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DATED: May 25, 2017

MORRISON & FOERSTER
JORDAN ETH
MARK R.S. FOSTER

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s/ Mark R.S. Foster
MARK R.S. FOSTER
425 Market Street
San Francisco, CA 94105-2482
Telephone: [phone]
416/268-7522 (fax)
Attorneys for Defendants

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1267216_1

STIPULATION AND [PROPOSED] ORDER TO EXTEND THE MEDIATION DEADLINE AND
CONTINUE THE CASE MANAGEMENT CONFERENCE - 3:15-cv-00347-EMC

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I, Matthew S. Melamed, am the ECF User whose ID and password are being used to file this

2 Stipulation and [Proposed] Order to Extend the Mediation Deadline and Continue the Case
3 Management Conference. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that Mark
4 R.S. Foster has concurred in this filing.
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s/ Matthew S. Melamed
MATTHEW S. MELAMED

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED. (modified above)
S DISTRIC
5/31/17

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dwar
Judge E

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en

d M. Ch

NO

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RDERE
S SO O IED
IT I
DIF
AS MO

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THE HONORABLE EDWARD M. CHEN
UNITED STATES DISTRICT JUDGE
D

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UNIT
ED

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E
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____________________________________

RT
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11 DATED: _________________________
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D IS T IC T O
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STIPULATION AND [PROPOSED] ORDER TO EXTEND THE MEDIATION DEADLINE AND
CONTINUE THE CASE MANAGEMENT CONFERENCE - 3:15-cv-00347-EMC

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CERTIFICATE OF SERVICE
I hereby certify that on May 25, 2017, I authorized the electronic filing of the foregoing with

3 the Clerk of the Court using the CM/ECF system which will send notification of such filing to the
4 e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I
5 caused to be mailed the foregoing document or paper via the United States Postal Service to the non6 CM/ECF participants indicated on the attached Manual Notice List.
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I certify under penalty of perjury under the laws of the United States of America that the

8 foregoing is true and correct. Executed on May 25, 2017.
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s/ Matthew S. Melamed
MATTHEW S. MELAMED

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1267216_1

ROBBINS GELLER RUDMAN
& DOWD LLP
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)
E-mail: [e-mail]

CAND-ECF-

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Mailing Information for a Case 3:15-cv-00347-EMC In Re: LeapFrog Enterprise, Inc. Securities
Litigation
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