Newett v. Leapfrog Enterprises, Inc. et al

Filing 96

STIPULATION AND SCHEDULING ORDER re 95 filed by KBC Asset Management NV. Motion to Dismiss Hearing set for 2/2/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 9/2/16. (bpf, COURT STAFF) (Filed on 9/2/2016)

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
15

UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA

17 In re LEAPFROG ENTERPRISES, INC.
SECURITIES LITIGATION
18
19 This Document Relates To:
20

ALL ACTIONS.

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Master File No. 3:15-cv-00347-EMC
CLASS ACTION
STIPULATION AND [PROPOSED]
SCHEDULING ORDER

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Pursuant to Civil Local Rule 7-12, the parties – lead plaintiff KBC Asset Management NV

2 (“Lead Plaintiff”) and defendants LeapFrog Enterprises, Inc., John Barbour, and Raymond L. Arthur
3 (“Defendants”) – by and through their undersigned counsel of record, submit the following
4 stipulation and proposed order:
5

WHEREAS, on May 26, 2015, the Court previously granted the parties’ stipulated request to

6 continue the scheduled case management conference from September 24, 2015 to October 8, 2015
7 (Dkt. No. 49);
8

WHEREAS, on November 9, 2015, the Court previously granted the parties’ stipulated

9 request to continue the scheduled case management conference from January 14, 2016 to March 24,
10 2016, and entered the proposed schedule for Lead Plaintiff to file an amended complaint and a
11 briefing schedule for Defendants anticipated motion to dismiss (Dkt. No. 69);
12

WHEREAS, on December 4, 2015, Lead Plaintiff filed the First Amended Consolidated

13 Class Action Complaint for Violation of the Federal Securities Laws against Defendants
14 (“Complaint”) (Dkt. No. 70);
15

WHEREAS, on January 15, 2016, Defendants moved to dismiss the Complaint (Dkt. No.

16 72);
17

WHEREAS, on August 2, 2016, the Court entered an Order Granting Defendants’ Motion to

18 Dismiss (“MTD Order”) and permitting Lead Plaintiff to file a second amended complaint within 30
19 days (Dkt. No. 88);
20

WHEREAS, on August 19, 2016, Lead Plaintiff filed Lead Plaintiff’s Notice of Motion and

21 Motion for Leave to File a Motion for Reconsideration concerning certain aspects of the MTD Order
22 (Dkt. No. 90);
23

WHEREAS, on August 31, 2016, the Court entered an Order Denying Plaintiffs’ Motion for

24 Leave to File a Motion for Reconsideration (“Reconsideration Order”), in which it stated that
25 reconsideration at this time “would not comport with ‘conservation of judicial resources’” in light of
26 the anticipated second amended complaint and ability to address the issues Lead Plaintiff raised in
27 the anticipated next round of motion to dismiss briefing (Dkt. No. 93);
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STIPULATION AND [PROPOSED] SCHEDULING ORDER - 3:15-cv-00347-EMC

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WHEREAS, the second amended complaint must be filed within 30 days of the MTD Order

2 (Dkt. No. 88);
3

WHEREAS, Lead Plaintiff requests time to analyze the Reconsideration Order; and

4

WHEREAS, the parties have met and conferred and have agreed to a schedule whereby:

5

1.

If Lead Plaintiff decides to file a second amended complaint, it shall do so no later

6 than September 20, 2016;
7

2.

Defendants’ motion to dismiss a second amended complaint shall be due on or before

8 November 4, 2016, and shall be noticed for hearing on February 2, 2017;
9

3.

Lead Plaintiff’s opposition to Defendants’ motion to dismiss shall be due on

10 December 19, 2016; and
11

4.

Defendants’ reply in support of their motion to dismiss shall be due on January 20,

12 2017.
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NOW, THEREFORE, the parties hereby agree and stipulate that:

14

1.

Lead Plaintiff shall have until September 20, 2016 to file a second amended

15 complaint;
16

2.

Defendants’ motion to dismiss a second amended complaint shall be due on or before

17 November 4, 2016, and shall be noticed for hearing on February 2, 2017;
18

3.

Lead Plaintiff’s opposition to Defendants’ motion to dismiss shall be due on

19 December 19, 2016; and
20

4.

19
Defendants’ reply in support of their motion to dismiss shall be due on January 20,

21 2017.
22 DATED: September 1, 2016
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24

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

25
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s/ Matthew S.Melamed
MATTHEW S. MELAMED

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STIPULATION AND [PROPOSED] SCHEDULING ORDER - 3:15-cv-00347-EMC

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1
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)

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3
4

8

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)

9

Co-Lead Counsel for Plaintiffs

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DATED: September 1, 2016

MORRISON & FOERSTER
JORDAN ETH
MARK R.S. FOSTER

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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]
416/268-7522 (fax)

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I, Matthew S. Melamed, am the ECF User whose ID and password are being used to file this
Stipulation and [Proposed] Scheduling Order. In compliance with Civil Local Rule 5-1(i)(3), I
hereby attest that Mark R.S. Foster has concurred in this filing.

21

s/ Matthew S.Melamed
MATTHEW S. MELAMED

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____________________________________
THE HONORABLE EDWARD M. CHEN
UNITED STATES DISTRICT JUDGE
ED
ORDER
IT IS SO DIFIED
AS MO

. Chen

NO

ward M
Judge Ed

ER

A

H

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DATED: _________________________
9/2/2016

S DISTRICT
TE
C
TA

RT
U
O

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PURSUANT TO STIPULATION, IT IS SO ORDERED. (as modified on p. 2,
line 20)
S

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ORDER

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UNIT
ED

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R NIA

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FO

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Attorneys for Defendants

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F
D IS T IC T O
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STIPULATION AND [PROPOSED] SCHEDULING ORDER - 3:15-cv-00347-EMC

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CERTIFICATE OF SERVICE
I hereby certify that on September 1, 2016, I authorized the electronic filing of the foregoing

3 with the Clerk of the Court using the CM/ECF system which will send notification of such filing to
4 the 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.
7

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 September 1, 2016.
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1182428_1

s/ Matthew S. Melamed
MATTHEW S. MELAMED
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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Litigation
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8/31/2016