Robb v. Fitbit Inc. et al

Filing 57

ORDER, Motions terminated: 56 STIPULATION WITH PROPOSED ORDER CONTINUING APRIL 15, 2016 CASE MANAGEMENT CONFERENCE filed by Brian H. Robb. Initial Case Management Conference set for 6/10/2016 02:30 PM in Courtroom 1, 17th Floor, San Francisco.. Signed by Judge Susan Illston on 4/13/16. (tfS, COURT STAFF) (Filed on 4/14/2016)

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POMERANTZ LLP
Jennifer Pafiti (SBN 282790)
468 North Camden Drive
Beverly Hills, CA 90210
Telephone: [phone]
E-mail: [e-mail]

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Counsel for Plaintiff
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[Additional counsel 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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BRIAN H. ROBB, Individually and on Behalf
of All Others Similarly Situated,
Plaintiff,

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v.

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FITBIT INC., JAMES PARK, and
WILLIAM R. ZERELLA,

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Defendants.

No. 3:16-cv-00151-SI
JOINT STIPULATION AND
[PROPOSED] ORDER CONTINUING
APRIL 15, 2016 CASE MANAGEMENT
CONFERENCE
JUDGE:
DATE:
TIME:
CTRM:

Hon. Susan Illston
April 15, 2016
2:30 PM
1 – 17th Floor

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STIP AND [PROP.] ORDER CONTINUING APRIL 15, 2016 CMC
No. 3:16-cv-00151-SI
{00199016;1 }

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Pursuant to Civil Local Rule 7-12, Defendants Fitbit Inc., James Park, and William R.

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Zerella (“Defendants”) and Plaintiff Brian H. Robb (“Plaintiff” and collectively, with Defendants,

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the “Parties”), by and through their undersigned counsel of record, submit the following

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stipulation and proposed order:

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WHEREAS, Defendants waived service of the Summons and Complaint in this action on
April 5, 2016;
WHEREAS, as a federal securities class action governed by the provisions of the Private

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Securities Litigation Reform Act of 1995, 15 U.S.C. §78u-4, et seq. (“PSLRA”), this Action is

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subject to a mandatory stay of all discovery and other proceedings pending determination of any

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motion to dismiss;
WHEREAS, competing motions for appointment as Lead Plaintiff and approval of Lead

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Counsel for the putative Class in this action pursuant to the PSLRA were filed on March 11, 2016

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and are currently pending before the Court;

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WHEREAS, the Court has scheduled a Case Management Conference (“CMC”) in this
Action for April 15, 2016 at 2:30 p.m. (Dkt. No. 5);
WHEREAS, the Parties believe it would save judicial and Party resources if the Case

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Management Conference (“CMC”) is deferred until after this Court has appointed a Lead Plaintiff

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and approved Lead Plaintiff’s selection of Lead Counsel for the Class and after an Amended

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Complaint, if any, has been filed by Lead Plaintiff;

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between
the undersigned Parties that:

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1.

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such subsequent date that is convenient for the Court.

The April 15, 2016 CMC shall be rescheduled to June 3, 2016, at 2:30 p.m., or

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STIP AND [PROP.] ORDER CONTINUING APRIL 15, 2016 CMC
No. 3:16-cv-00151-SI
{00199016;1 }

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Dated: April 12, 2016

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POMERANTZ LLP
/s/ J. Alexander Hood II
Jeremy A. Lieberman (Pro Hac Vice)
J. Alexander Hood II (Pro Hac Vice)
Marc C. Gorrie
600 Third Avenue, 20th Floor
New York, New York 10016
Telephone: [phone]
Facsimile: 212-661-8665

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POMERANTZ LLP
Jennifer Pafiti (SBN 282790)
468 North Camden Drive
Beverly Hills, CA 90210
Telephone: [phone]
E-mail: [e-mail]

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POMERANTZ LLP
Patrick V. Dahlstrom
10 South LaSalle Street, Suite 3505
Chicago, IL 60603
Telephone: [phone]
Facsimile: 312-377-1184

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Counsel for Plaintiff

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MORRISON & FOERSTER LLP

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/s/ Ryan M. Keats
Jordan Eth
Anna Erickson White
Ryan M. Keats
425 Market Street
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415-268-7522

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Counsel for Defendants
FITBIT INC., JAMES PARK,
and WILLIAM R. ZERELLA

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STIP AND [PROP.] ORDER CONTINUING APRIL 15, 2016 CMC
No. 3:16-cv-00151-SI
{00199016;1 }

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED:
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June 10
The April 15, 2016 CMC shall be rescheduled to _________, 2016, at 2:30 p.m.

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DATED:

4/13/16
Honorable Judge Susan Illston

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STIP AND [PROP.] ORDER CONTINUING APRIL 15, 2016 CMC
No. 3:16-cv-00151-SI
{00199016;1 }

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CERTIFICATE OF SERVICE
I hereby certify that on April 12, 2016, a copy of the foregoing was filed electronically
and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent
by e-mail to all parties by operation of the Court’s electronic filing system or by mail to anyone
unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may
access this filing through the Court’s CM/ECF System.

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/s/

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{00199016;1 }

J. Alexander Hood II
J. Alexander Hood II