Oswald v. Humphreys, et al

Filing 24

ORDER granting re 23 STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order Continuing Hearing Date and Setting Briefing Schedule on Nominal Defendant Identiv, Inc.'s Motion to Dismiss filed by Ryan Oswald. Reset Deadl ines as to 22 MOTION to Dismiss . Responses due by 9/1/2016. Replies due by 9/30/2016. Motion to Dismiss Hearing reset for 10/14/2016 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Signed by Judge Charles R. Breyer on 8/8/2016. (beS, COURT STAFF) (Filed on 8/8/2016)

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ROBERT C. SCHUBERT 62684
WILLEM F. JONCKHEER 178748
SCHUBERT JONCKHEER & KOLBE LLP
Three Embarcadero Center, Suite 1650
San Francisco, CA 94111
[phone]

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ROBERT I. HARWOOD
MATTHEW M. HOUSTON
BENJAMIN I. SACHS-MICHAELS
HARWOOD FEFFER LLP
488 Madison Avenue
New York, NY 10022
[phone]

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RYAN OSWALD, Derivatively on Behalf of
Nominal Defendant IDENTIV, INC.,

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Plaintiff,

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vs.
STEVEN HUMPHREYS, JASON HART,
JAMES OUSLEY, GARY KREMEN, SAAD
ALAZEM, DANIEL S. WENZEL, and BRIAN
NELSON,

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STIPULATION AND ORDER
CONTINUING HEARING DATE AND
SETTING BRIEFING SCHEDULE ON
NOMINAL DEFENDANT IDENTIV,
INC.’S MOTION TO DISMISS
Judge: Hon. Charles R. Breyer
Courtroom: 6

Defendants,

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CASE NO. 3:16-CV-00241-CRB

and
IDENTIV, INC.,
Nominal Defendant.

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CASE NO. 3:16-CV-00241-CRB
STIPULATION AND [PROPOSED] ORDER
REGARDING MTD HEARING & BRIEFING
SCHEDULE

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WHEREAS, this action is a shareholder derivative action filed on January 14, 2016;

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WHEREAS, this action is factually related to a putative class action alleging violations of

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federal securities laws that is also pending before this Court: Rok v. Identiv, et al., Case No. 15-

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cv-05775-CRB (the “Securities Class Action”);

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WHEREAS, on March 3, 2016, the Parties filed a Stipulation and Proposed Order

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regarding a temporary stay of this action and setting a schedule for filing Plaintiff’s Amended

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Complaint and Identiv, Inc.’s (“Identiv”) response to that complaint (Docket No. 14), which the

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Court approved on March 8, 2016 (Docket No. 15);

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WHEREAS, on June 17, 2016, Plaintiff filed his Amended Complaint (Docket No. 21);

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WHEREAS, on August 1, 2016, Identiv filed its Motion to Dismiss and noticed a hearing
on the Motion for September 16, 2016 (Docket No. 22);

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WHEREAS, Plaintiff’s response to the Motion to Dismiss is currently due August 15,
2016;

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WHEREAS, in light of the short period of time for Plaintiff to respond to the Motion to

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Dismiss under the current briefing schedule and Plaintiff counsel’s pre-existing summer schedule,

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as well as the Court’s current availability, Plaintiff has requested that Identiv agree to an

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extension of the current briefing schedule and a continuance of the current hearing date;

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WHEREAS, Identiv has no objection to this request; and

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NOW, THEREFORE the Parties respectfully request that the Court enter an Order as

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follows:

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1.

Plaintiff’s response in opposition to the Motion to Dismiss is due September 1,

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2.

Defendants’ reply in further support of the Motion to Dismiss is due September

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30, 2016.

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3.

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2016.

A hearing on the Motion to Dismiss will be held on October 14, 2016, or at

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another date and time as the Court may order.

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IT IS SO STIPULATED.

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CASE NO. 3:16-CV-00241-CRB
STIPULATION AND [PROPOSED] ORDER
REGARDING MTD HEARING &
BRIEFING SCHEDULE

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Dated: August 4, 2016

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SCHUBERT JONCKHEER & KOLBE LLP
Robert C. Schubert
Willem F. Jonckheer

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By: /s/ Willem F. Jonckheer
WILLEM F. JONCKHEER

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Robert I. Harwood
Matthew M. Houston
Benjamin I. Sachs-Michaels
HARWOOD FEFFER LLP

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Attorneys for Plaintiff Ryan Oswald

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DATED: August 4, 2016

PAUL HASTINGS LLP

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By: /s/ Christopher H. McGrath
CHRISTOPHER H. MCGRATH

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Attorneys for Nominal Defendant Identiv, Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: August 8, 2016

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HONORABLE CHARLES R. BREYER

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CASE NO. 3:16-CV-00241-CRB
STIPULATION AND [PROPOSED] ORDER
REGARDING MTD HEARING &
BRIEFING SCHEDULE