Newett v. Leapfrog Enterprises, Inc. et al

Filing 99

STIPULATION AND ORDER re 98 STIPULATION WITH PROPOSED ORDER TO RESCHEDULE THE INITIAL CASE MANAGEMENT CONFERENCE filed by KBC Asset Management NV. Case Management Statement due by 1/26/2017. Initial Case Management Conference set for 2/2/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 9/30/16. (bpf, COURT STAFF) (Filed on 9/30/2016)

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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1191373_1

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

1

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 September 2, 2016, the Court previously granted the parties’ stipulated

13 proposed schedule for Lead Plaintiff to file a second amended complaint and a briefing schedule for
14 Defendants’ anticipated motion to dismiss (Dkt. No. 96);
15

WHEREAS, on September 20, 2016, Lead Plaintiff filed the Second Amended Consolidated

16 Class Action Complaint for Violation of the Securities Laws against Defendants (the “Complaint”)
17 (Dkt. No. 97);
18

WHEREAS, Defendants’ anticipated motion to dismiss the Complaint is due on November 4,

19 2016; Lead Plaintiff’s opposition to Defendants’ motion to dismiss the Complaint is due on
20 December 19, 2016; Defendants’ reply in support of their motion to dismiss is due January 19, 2017;
21 and the hearing on Defendants’ motion to dismiss is set for February 2, 2017;
22

WHEREAS, the Initial Case Management Conference is currently set for October 18, 2016,

23 and the Case Management Statement is currently due by October 11, 2016 (Dkt. No. 94);
24

WHEREAS, discovery in this action is presently stayed pursuant to the Private Securities

25 Litigation Reform Act of 1995, 15 U.S.C. §78u-4; and
26

WHEREAS, the parties have conferred and agree that conducting the Initial Case

27 Management Conference before resolution of Defendants’ anticipated motion to dismiss the
28 Complaint would unnecessarily burden the Court and the parties and therefore respectfully request
1191373_1

STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE THE INITIAL CASE
MANAGEMENT CONFERENCE - 3:15-cv-00347-EMC

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1 that the Initial Case Management Conference currently scheduled for October 18, 2016 be
2 rescheduled for a date 30 days after the Court issues an order resolving Defendants’ anticipated
3 motion to dismiss the Complaint;
4

NOW, THEREFORE, the parties hereby agree and stipulate that the Initial Case

5 Management Conference shall be rescheduled from October 18, 2016 until 30 days after the Court
6 issues an order resolving Defendants’ anticipated motion to dismiss the Complaint, with the Case
7 Management Statement due no later than seven days before the Initial Case Management
8 Conference.
9 DATED: September 29, 2016
10
11

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: September 29, 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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1191373_1

STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE THE INITIAL CASE
MANAGEMENT CONFERENCE - 3:15-cv-00347-EMC

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425 Market Street
San Francisco, CA 94105-2482
Telephone: [phone]
416/268-7522 (fax)

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Attorneys for Defendants

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5

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

6 Stipulation and [Proposed] Order to Reschedule the Initial Case Management Conference. In
7 compliance with Civil Local Rule 5-1(i)(3), I hereby attest that Mark R.S. Foster has concurred in
8 this filing.
9

s/ Matthew S.Melamed
MATTHEW S. MELAMED

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IT IS SO ORDERED. The CMC is reset for 2/2/17 at 1:30 p.m. A joint
CMC statement shall be filed by 1/26/17.

RT
U
O

____________________________________
S DIST ICT
THE HONORABLEREDWARD M. CHEN
TE
C
TA
UNITED STATES DISTRICT JUDGE
. Chen

dward M
Judge E

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RT

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ERED
O ORD D
IT IS S
ODIFIE
AS M

NO

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UNIT
ED

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R NIA

DATED: _________________________
9/30/16

S

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ORDER

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D IS T IC T O
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1191373_1

STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE THE INITIAL CASE
MANAGEMENT CONFERENCE - 3:15-cv-00347-EMC

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CERTIFICATE OF SERVICE
I hereby certify that on September 29, 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 29, 2016.
9

s/ Matthew S. Melamed
MATTHEW S. MELAMED

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1191373_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-

Page 1 of 1

Mailing Information for a Case 3:15-cv-00347-EMC In Re: LeapFrog Enterprise, Inc. Securities
Litigation
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9/29/2016