Luna et al v. Marvell Technology Group, Ltd. et al

Filing 205

ORDER CONDITIONALLY APPROVING CLASS NOTICE by Judge William Alsup in case 5:15-cv-04881-RMW; granting (204) Stipulation in case 3:15-cv-05447-WHA. (Attachments: # 1 Appendix Notice Plan)Associated Cases: 3:15-cv-05447-WHA, 5:15-cv-04881-RMW(whalc1S, COURT STAFF) (Filed on 11/17/2017)

1 ROBBINS GELLER RUDMAN
& DOWD LLP
2 SHAWN A. WILLIAMS (213113)
JASON C. DAVIS (253370)
3 Post Montgomery Center
One Montgomery Street, Suite 1800
4 San Francisco, CA 94104
Telephone: [phone]
5 415/288-4534 (fax)
[e-mail]
6 [e-mail]
– and –
7 JONAH H. GOLDSTEIN (193777)
SCOTT H. SAHAM (188355)
8 MATTHEW I. ALPERT (238024)
CARISSA J. DOLAN (303887)
9 655 West Broadway, Suite 1900
San Diego, CA 92101
10 Telephone: [phone]
619/231-7423 (fax)
11 [e-mail]
[e-mail]
12 [e-mail]
[e-mail]
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Lead Counsel for Plaintiff
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[Additional counsel appear on signature page.]
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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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DANIEL LUNA, Individually and on Behalf of ) Case No. 3:15-cv-05447-WHA
19 All Others Similarly Situated,
)
) (Consolidated)
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Plaintiff,
)
) CLASS ACTION
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vs.
)
) STIPULATION AND [PROPOSED] ORDER
22 MARVELL TECHNOLOGY GROUP, LTD., ) REGARDING CLASS NOTICE
et al.,
) PROCEDURES
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)
Defendants.
)
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)
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IT IS HEREBY STIPULATED AND AGREED by the parties, through their undersigned

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2 counsel, that, subject to the Court’s approval:
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1.

On October 27, 2017, the Court certified this action as a class action under Rule 23 of

the Federal Rules of Civil Procedure (Dkt. No. 202).

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2.

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The Class consists of:

All persons and entities who purchased or otherwise acquired the common stock of
Marvell Technology Group, Ltd. (“Marvell” or the “Company”) during the period
from February 19, 2015 through December 7, 2015, inclusive (the “Class Period”),
and were damaged thereby. Excluded from the Class are investors who sold all of
their shares prior to September 11, 2015, and Defendants, present or former
executive officers of Marvell and their immediate family members (as defined in 17
C.F.R. §229.404, Instructions (1)(a)(iii) and (1)(b)(ii)).

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3.

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The proposed procedures for giving notice attached hereto as Exhibit C (the “Notice

12 Plan”) to the Class comply with the requirements of due process and with Rule 23 of the Federal
13 Rules of Civil Procedure and constitute the best notice practicable under the circumstances.
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4.

The firm of Gilardi & Co. LLC (“Notice Administrator”) is appointed and authorized

to supervise and administer the notice procedure.

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5.

Within ten (10) calendar days after the Court’s approval and entry of this Stipulation

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and Order, Defendant Marvell Technology Group, Ltd. (“Marvell”) shall instruct its securities

19 transfer agent to produce to the Notice Administrator a list, in electronic form, of all persons who
20 purchased or otherwise acquired Marvell common stock during the Class Period (the “Transfer
21 List”).
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6.

Within fifteen (15) calendar days of its receipt of Marvell’s Transfer List (the “Notice

Date”), the Notice Administrator shall send, by first class mail, the agreed-upon proposed Notice of

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Pendency of Class Action (the “Notice”), substantially in the form attached hereto as Exhibit A, to
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each purchaser or acquirer identified on the Transfer List. For all Notices returned as undeliverable,

27 the Notice of Administrator shall use best efforts to locate updated addresses.
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1324613_1

STIPULATION AND [PROPOSED] ORDER REGARDING
CLASS NOTICE PROCEDURES - 3:15-cv-05447-WHA

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7.

The Notice Administrator shall use reasonable efforts to give notice to brokerage

2 firms, banks, institutions, investment funds, investment companies, investment advisors, investment
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portfolios, mutual fund trusts, mutual investment funds, investment managers, and any other persons
or entities who are or who claim to be nominees that purchased or otherwise acquired Marvell

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common stock during the Class Period for the benefit of another Person (the “Nominees List”).
Such nominees shall be requested to either: (a) send the Notice to all such beneficial owners of

8 Marvell common stock within ten (10) calendar days of receipt of the Notice; or (b) send a list of the
9 names and addresses of such beneficial owners to the Notice Administrator within ten (10) calendar
10 days after receipt of the Notice, in which case the Notice Administrator shall promptly mail the
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Notice to such beneficial owner. Upon full and timely compliance with these directions, such

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nominees may seek reimbursement from the Notice Administrator of their reasonable expenses
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actually incurred by providing the Notice Administrator with proper documentation supporting the

15 expenses for which reimbursement is sought. Any disputes with respect to the reasonableness or
16 documentation of expenses incurred shall be subject to review by the Court. Class Counsel shall
17 then communicate weekly with the brokers and custodians identified on the Nominees List to ensure
18 the Notice is sent to beneficial owners in a timely manner.
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8.

Within ten (10) calendar days after the Notice Date, the Notice Administrator shall:

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(1) cause the Summary Notice, substantially in the form attached hereto as Exhibit B, to be
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published on one occasion in the national edition of Investor’s Business Daily; and (2) cause the

23 Notice to be posted to the Notice Administrator’s case website.
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9.

Within ten (10) calendar days after the Notice Date, Class Counsel shall: (1) issue a

25 press release containing the Summary Notice; (2) post the Notice on the website of Robbins Geller
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Rudman & Dowd LLP.

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STIPULATION AND [PROPOSED] ORDER REGARDING
CLASS NOTICE PROCEDURES - 3:15-cv-05447-WHA

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10.

The Notice shall provide an address for the purpose of receiving requests for

2 exclusion from the Class and requests for additional copies of the Notice. The Notice Administrator
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shall identify and number all exclusion requests received and create copies of those requests for
counsel for all parties. The Notice Administrator shall provide via email weekly reports of exclusion

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requests received to counsel for all parties. The Notice Administrator will maintain original requests
in its files.
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The requests for exclusion from the Class shall be made by submitting a written

9 request for exclusion as set forth in the Notice and shall be postmarked within forty-five (45)
10 calendar days after the Notice Date.
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12.

Within fifteen (15) calendar days following the deadline for requesting exclusion, the

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Notice Administrator shall submit a declaration to the Court setting forth its notification efforts and
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summarizing the exclusion requests that it received.
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Within fifteen (15) calendar days following the deadline for requesting exclusion,

16 Class Counsel shall file all such requests for exclusion with the Court.
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14.

Except for the costs associated with obtaining Marvell’s Transfer List, the costs of the

18 notice process shall be borne by Class Counsel, and not by Defendants.
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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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21 DATED: November 16, 2017
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ROBBINS GELLER RUDMAN
& DOWD LLP
JONAH H. GOLDSTEIN
SCOTT H. SAHAM
MATTHEW I. ALPERT
CARISSA J. DOLAN

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s/ Scott H. Saham
SCOTT H. SAHAM

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STIPULATION AND [PROPOSED] ORDER REGARDING
CLASS NOTICE PROCEDURES - 3:15-cv-05447-WHA

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655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: [phone]
619/231-7423 (fax)

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ROBBINS GELLER RUDMAN
& DOWD LLP
SHAWN A. WILLIAMS
JASON C. DAVIS
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)

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Lead Counsel for Plaintiff

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O’DONOGHUE & O’DONOGHUE LLP
LOUIS P. MALONE
5301 Wisconsin Avenue, N.W., Suite 800
Washington, DC 20015
Telephone: [phone]
202/362-2640 (fax)

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Additional Counsel for Plaintiff

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16 DATED: November 16, 2017
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QUINN, EMANUEL, URQUHART &
SULLIVAN, LLP
HARRY A. OLIVAR, JR.
VALERIE RODDY
ALYSSA L. GREENBERG

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s/ Valerie Roddy
VALERIE RODDY

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865 South Figueroa Street, 10th Floor
Los Angeles, CA 90017-2543
Telephone: [phone]
213/443-3100 (fax)
QUINN, EMANUEL, URQUHART &
SULLIVAN, LLP
DIANE M. DOOLITTLE
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
Telephone: [phone]
650/801-5100 (fax)
Attorneys for Marvell Technology Group, Ltd.
STIPULATION AND [PROPOSED] ORDER REGARDING
CLASS NOTICE PROCEDURES - 3:15-cv-05447-WHA

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1 DATED: November 16, 2017

SKADDEN ARPS, SLATE, MEAGHER
& FLOM, LLP
JASON D. RUSSELL
VIRGINIA MILSTEAD

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s/ Virginia Milstead
VIRGINIA MILSTEAD

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300 South Grand Avenue, Suite 3400
Los Angeles, CA 90071
Telephone: [phone]
213/621-5328 (fax)

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Attorneys for Defendant Sehat Sutardia
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[PROPOSED] O R D E R

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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November 17, 2017.
13 DATED: _________________________
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____________________________________
THE HONORABLE WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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ATTESTATION

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I, Scott H. Saham, am the ECF User whose ID and password are being used to file this

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18 Stipulation and [Proposed] Order Regarding Class Notice Procedures. In compliance with Civil
19 Local Rule 5-1(i)(3), I hereby attest that Valerie Roddy and Virginia Milstead have concurred in this
20 filing.
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s/ Scott H. Saham
SCOTT H. SAHAM

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STIPULATION AND [PROPOSED] ORDER REGARDING
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