Newett v. Leapfrog Enterprises, Inc. et al

Filing 163

STIPULATION AND ORDER re 162 REVISED STIPULATION AND [PROPOSED] ORDER VACATING SCHEDULE. Status reset from 3/1/18 to 2/1/18. Signed by Judge Edward M. Chen on 12/13/17. (bpf, COURT STAFF) (Filed on 12/13/2017)

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JORDAN ETH (CA SBN 121617)
[e-mail]
MARK R.S. FOSTER (CA SBN 223682)
[e-mail]
RYAN M. KEATS (CA SBN 296463)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendants
LEAPFROG ENTERPRISES, INC., JOHN BARBOUR, and
RAYMOND L. ARTHUR

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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 LEAPFROG ENTERPRISES, INC.
SECURITIES LITIGATION

Case No.

3:15-CV-00347-EMC

CLASS ACTION

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This Document Relates To:
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ALL ACTIONS
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STIPULATION AND [PROPOSED] ORDER VACATING SCHEDULE
Case No. 3:15-CV-00347-EMC
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REVISED STIPULATION AND
[PROPOSED] ORDER
VACATING SCHEDULE

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

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Management NV (“Lead Plaintiff”) and defendants LeapFrog Enterprises, Inc., John Barbour,

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and Raymond L. Arthur (“Defendants”) – by and through their undersigned counsel of record,

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submit the following stipulation and proposed order to vacate all deadlines related to class

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certification in light of an agreement-in-principle to settle all claims in this action pending

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negotiation and drafting of documents memorializing the settlement. This Stipulation is based

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on good cause, as demonstrated below.
RECITALS

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A.

On August 30, 2017, the parties participated in a private mediation session before

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the Honorable Judge James Ware (Ret.) of JAMS, but were unable to reach a negotiated

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resolution of the action.

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B.

On September 28, 2017, following the most recent case management conference in

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this action, the Court encouraged the parties to renew efforts to mediate with Judge Ware.

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(Dkt. No. 153.)

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C.

On October 4, 2017, the Court entered a Case Management and Pretrial Order for Jury

Trial setting forth various pretrial deadlines and a trial date of June 10, 2019. (Dkt. No. 154.)

D.

Following the September 28, 2017 Case Management Conference, the parties have

litigated the case pursuant to the parameters set by the Court. (See Dkt. No. 153.)
E.

On November 7, 2017, Plaintiff filed its motion for class certification.

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Defendants’ opposition is presently due December 21, 2017; Plaintiff’s reply brief is due

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February 7, 2018; and the class certification hearing is presently scheduled for March 1, 2018 at

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1:30 p.m.. (Dkt. No. 139.)

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F.

On November 29, 2017, the parties participated in a second mediation session

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before Judge Ware to explore a non-litigated resolution of this matter. Following extensive

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negotiations, the parties reached an agreement-in-principle to resolve all of the claims in this

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action, and desire additional time to conclude and document their efforts.

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G.

On December 5, 2017, the parties filed a stipulation requesting that the Court

vacate all pre-trial deadlines in the case while the parties negotiate and prepare the settlement
STIPULATION AND [PROPOSED] ORDER VACATING SCHEDULE
Case No. 3:15-CV-00347-EMC
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papers. (Dkt. No. 161.)
H.

On December 11, 2017, the Court requested that the parties revise their proposed

stipulation.
I.

To conserve party and judicial resources, and in light of the Court’s request, the

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parties agree that it would be most efficient and economical to vacate just those deadlines related

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to class certification while the parties negotiate and prepare the settlement papers.

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J.

In compliance with Civil Local Rule 6-2(a)(2), the parties disclose that the Court

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has previously granted the parties’ stipulated requests to continue the scheduled Initial Case

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Management Conference so that it was held at the same time as hearings on Defendants’ motions to

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dismiss or to accommodate counsel’s schedule (Dkt. Nos. 49, 69, 96, 99, 108, 130, 144) and has

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extended the class certification deadlines in this action (Dkt. No. 139).

STIPULATION

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NOW, THEREFORE, the undersigned parties stipulate, subject to the Court’s approval, as
follows:
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The Court’s scheduling order entered on August 22, 2017 regarding class

certification (Dkt. No. 139) is hereby vacated pending further order by the Court.
2.

The parties will notify the Court of the status of the settlement documentation

efforts by December 21, 2017.

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DATED: December 12, 2017

ROBBINS GELLER RUDMAN
& DOWD LLP
SHAWN A. WILLIAMS
WILLOW E. RADCLIFFE
MATTHEW S. MELAMED

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/s/ Willow E. Radcliffe
WILLOW E. RADCLIFFE

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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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STIPULATION AND [PROPOSED] ORDER VACATING SCHEDULE
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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: December 12, 2017

MORRISON & FOERSTER LLP
JORDAN ETH
MARK R.S. FOSTER
RYAN M. KEATS

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/s/ Mark R.S. Foster
MARK R.S. FOSTER

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425 Market Street
San Francisco, CA 94105-2482
Telephone: [phone]
415/268-7522 (fax)
Counsel for Defendants

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STIPULATION AND [PROPOSED] ORDER VACATING SCHEDULE
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ORDER

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DATED:

12/13/17

UNIT
ED

UNITED STATES DISTRICT JUDGE

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DERED
SO OR ED
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is reset from 3/1/18 to 2/1/18 at 10:30 a.m.

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The status conference

FO

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D IS T IC T O
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ATTESTATION
I, Mark R.S. Foster, am the ECF User whose ID and password are being used to file this

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STIPULATION AND [PROPOSED] ORDER VACATING SCHEDULE. In compliance

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with Civil L.R. 5-1, I hereby attest that Willow E. Radcliffe concurred in this filing.

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/s/ Mark R.S. Foster
MARK R.S. FOSTER

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STIPULATION AND [PROPOSED] ORDER VACATING SCHEDULE
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