Glore v. SanDisk Corp. et al

Filing 11

AMENDED Order as modified by Hon. Vince Chhabria granting 9 Stipulation to Extend Time to Respond, to Extend Time to File Case Management Statement, and to Continue Case Management Conference.(knm, COURT STAFF) (Filed on 5/22/2015) (Entered: 05/22/2015)

1
2
3
4
5
6
7
8
9
10

BORIS FELDMAN, State Bar No. 128838
KEITH E. EGGLETON, State Bar No. 159842
MICHAEL R. PETROCELLI, State Bar No. 269460
ANNE S. AUFHAUSER, State Bar No. 300952
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants
SanDisk Corporation, Sanjay Mehrotra, and
Judy Bruner

11
12

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14
15
16
17
18
19
20
21
22

TRENTON GLORE, Individually and On Behalf )
of All Others Similarly Situated,
)
)
Plaintiff,
)
)
v.
)
)
SANDISK CORP., SANJAY MEHROTRA, and )
JUDY BRUNER,
)
)
Defendants.
)
)
)
)

23
24
25
26
27
28
STIPULATION
Case No.: 3:15-cv-01455-VC

-1-

CASE NO.: 3:15-cv-01455-VC
CLASS ACTION
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO
RESPOND, TO EXTEND TIME TO
FILE CASE MANAGEMENT
STATEMENT, AND TO CONTINUE
CASE MANAGEMENT
CONFERENCE
AS MODIFIED
AMENDED ORDER

1

Plaintiff Trenton Glore (“Plaintiff”) and defendants SanDisk Corporation, Sanjay

2

Mehrotra, and Judy Bruener (collectively, “Defendants”) in the above-entitled action hereby

3

stipulate:

4
5

WHEREAS, on March 30, 2015, Plaintiff filed the above-captioned securities class
action lawsuit;

6

WHEREAS, this action is subject to the provisions of the Private Securities Litigation

7

Reform Act of 1995 (“Reform Act”), 15 U.S.C. § 78u-4, which, inter alia, requires the Court to

8

appoint a lead plaintiff;

9

WHEREAS, on March 31, 2015, the Court entered an Order setting an initial Case

10

Management Conference (“CMC”) for June 30, 2015, and setting Rule 26(f), CMC, and ADR

11

deadlines for June 9, 2015 and June 23, 2015 (“March 31, 2015 Order”);

12

WHEREAS, Defendants have agreed to waive service of the Complaint;

13

WHEREAS, Defendants’ deadline to respond to the complaint is June 1, 2015;

14

WHEREAS, as of the date of this stipulation, at least one other plaintiff has filed a related

15

action in this District: Glenn Bowers, Individually and On Behalf of Others Similarly Situated v.

16

SanDisk Corporation, Sanjay Mehrotra, and Judy Bruener, Case No. 3:15-cv-02050 (the

17

“Bowers Action”);

18
19
20

WHEREAS, Defendants have not yet been served with the complaint in the Bowers
Action;
WHEREAS, in light of the multiple complaints on file, the potential for additional

21

complaints, and the nature of Plaintiff’s allegations under the Reform Act, Plaintiff has agreed

22

that Defendants need not respond to the complaint pending the appointment of a lead plaintiff

23

and the consolidation of any related actions, including but not limited to the Bowers Action;

24

WHEREAS, in the event that a case or cases in other jurisdictions proceed on a different

25

schedule, the parties agree to revise the terms of this stipulation to ensure that plaintiff in this and

26

related cases in the Northern District of California are not prejudiced;

27
28
STIPULATION
CASE NO.: 3:15-CV-01455-VC

-2-

1

WHEREAS, this stipulation shall not be taken as a waiver of any defenses that

2

Defendants may have to Plaintiff’s Complaint pursuant to Rule 12(b) of the Federal Rules of

3

Civil Procedure or otherwise; and

4

WHEREAS, in light of the current procedural posture, and in particular, the fact that a

5

lead plaintiff has not yet been appointed, the parties respectfully request the CMC and related

6

CMC and ADR deadlines be continued as set forth below.

7
8

NOW, THEREFORE, Plaintiff and Defendants, by and through their respective attorneys
of record, stipulate that, if acceptable to the Court:

9

1. Defendants need not respond to the above-captioned complaint pending the appointment

10

of a lead plaintiff pursuant to 15 U.S.C. § 78u-4(a)(3)(B) and the consolidation of any

11

related actions;

12

2. The CMC is continued pending the appointment of a lead plaintiff and the consolidation

13

of any related actions. Likewise, the deadlines for filing a Joint Case Management

14

Statement or ADR documents pursuant to Civil L.R. 16-8 and ADR L.R. 3-4 are

15

continued accordingly. A case management conference is scheduled for August 18, 2015.
September 29, 2015
IT IS SO STIPULATED.

16
17
18

Dated: May 20, 2015

19
20
21

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
BORIS FELDMAN
KEITH E, EGGLETON
By: /s/ Keith E. Eggleton
Keith E. Eggleton

22

650 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

23
24
25
26

Attorneys for Defendants
SanDisk Corporation, Sanjay Mehrotra, and
Judy Bruner

27
28
STIPULATION
CASE NO.: 3:15-CV-01455-VC

-3-

1

Dated: May 20, 2015

2
3

By: /s/ Jeremy Lieberman
Jeremy Lieberman

4

600 Third Avenue
New York, NY 10016
Telephone: [phone]
[e-mail]

5
6
7

Attorney for Plaintiff
Trenton Glore

8
9
10

POMERANTZ LLP
JEREMY LIEBERMAN

ATTESTATION
I, Keith E. Eggleton, am the ECF user whose identification and password are being used to

11

file this STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND, TO

12

EXTEND TIME TO FILE CASE MANAGEMENT STATEMENT, AND TO CONTINUE CASE

13

MANAGEMENT CONFERENCE. In compliance with General Order 45, X.B., I hereby attest

14

that plaintiffs’ counsel Jeremy Lieberman has concurred in this filing.

15

Dated: May 20, 2015

16
17
18

By: /s/ Keith E. Eggleton
Keith E. Eggleton

19

650 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

20
21
22

Attorneys for Defendants
SanDisk Corporation, Sanjay Mehrotra, and
Judy Bruner
S DISTRIC

UNIT
ED

ERED
O ORD D
IT IS S
FIE
VINCE CHHABRIA DI
AS MO

Dated: May 22, 2015

28

H

ER

LI

-4-

RT

STIPULATION
CASE NO.: 3:15-CV-01455-VC

FO

NO

UNITED STATES DISTRICT JUDGE
hhabr ia
Vi n c e C
J u d ge

A

27

IT IS SO ORDERED.

TC

RT
U
O

26

E
AT
T

R NIA

24

S

23

25

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
BORIS FELDMAN
KEITH E, EGGLETON

C