Barnes v. Energy Recovery, Inc. et al

Filing 27

STIPULATION AND ORDER re: 26 . Deadlines extended re: 14 Motion for Return of Property Modifying Briefing Schedule. Plaintiff's Reply due by 3/9/2016. Defendant's Responses due by 3/2/2016. Hearing date is not changed. Signed by Judge Edward M. Chen on 2/25/2016. (afmS, COURT STAFF) (Filed on 2/25/2016)

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CHRIS BAKER, State Bar No. 181557
[e-mail]
BAKER & SCHWARTZ, P.C.
44 Montgomery Street, Suite 3520
San Francisco, CA 94104
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff
DAVID BARNES

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. 16-cv-00477-EMC
DAVID BARNES

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STIPULATION AND [PROPOSED]
ORDER TO MODIFY BRIEFING
SCHEDULE

Plaintiff,
vs.
ENERGY RECOVERY, INC., a Delaware
Corporation; THOMAS ROONEY, an individual;
and JOEL GAY, an individual
Defendants.

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STIPULATION

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Pursuant to Local Rule 7-1 and Judge Chen’s Standing Orders, the parties hereby submit

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this Stipulation and [Proposed] Order to modify the briefing schedule regarding Defendant

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Energy Recovery, Inc.’s Motion For Order Directing Plaintiff’s Counsel To Return Defendant

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Energy Recovery, Inc.’s Documents.

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WHEREAS, on January 27, 2016, Plaintiff David Barnes (“Plaintiff”) filed his Complaint
in this case with the Northern District of California;

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WHEREAS, on February 9, 2016, this case was reassigned to Judge Edward Chen after a

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finding that it was related to a securities litigation matter involving Energy Recovery, Inc., which

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STIPULATION AND [PROPOSED] ORDER TO MODIFY BRIEFING SCHEDULE

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is currently pending before Judge Chen (In re Energy Recovery, Inc. Securities Litigation, Case

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No. 3:15-cv-00265-EMC);

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WHEREAS, on February 16, 2016 defendant Energy Recovery, Inc. (“Defendant ERI”)

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filed a motion styled “Motion for Order Directing Plaintiff and Plaintiff’s Counsel to Return

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Defendant Energy Recovery, Inc.’s Documents.”

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WHEREAS, March 1, 2016 is the current deadline for Plaintiff to file his Opposition to
Defendant ERI’s Motion to Return Documents;
WHEREAS, Plaintiff’s Counsel has (and has had) other business and personal matters
scheduled through March 1, 2016, including a hearing in Sacramento Superior Court on February
29, 2016.
WHEREAS, March 8, 2016, is the current deadline for Defendant ERI to file any Reply
Brief in support of its Motion to Return Documents.
WHEREAS, March 24, 2016 at 1:30PM is the current hearing on Defendant ERI’s
Motion to Return Documents

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NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

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1.

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Plaintiff’s deadline for filing an opposition to Defendant’s motion is extended one

day, to March 2, 2016.
2.

Defendant’s deadline for filing a reply in support of its motion is likewise

extended one day, to March 9, 2016.

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-2STIPULATION AND [PROPOSED] ORDER TO MODIFY BRIEFING SCHEDULE

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The hearing date of March 24, 2016 will remain the same.

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Dated: February 24, 2016

BAKER & SCHWARTZ P.C.

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By:------------------S-----------------------Chris Baker
Attorney for Plaintiff
DAVID BARNES

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Dated: February 24, 2016

LEWIS RICE LLC and FISHER & PHILLIPS LLP

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By:----------------S-----------------------David W. Gearhart
Attorney for Defendant
ENERGY RECOVERY, INC.

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-3STIPULATION AND [PROPOSED] ORDER TO MODIFY BRIEFING SCHEDULE

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED:
The Court, having read and considered the Parties’ Stipulation to Modify Briefing

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Schedule, and finding good cause in support thereof, hereby orders that the filing

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deadline and the hearing date is continued as follows:

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1. Plaintiff’s deadline to file an opposition to Defendant’s Motion to Return
Documents is continued to March 2, 2016;
2. Defendant’s deadline to file any reply in support of its Motion to Return
Documents is continued to March 9, 2016.
3. This Order does not change the current hearing date.

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February 25, 2016
DATED:___________________

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HON. EDWARD CHEN

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UNITED STATES DISTRICT JUDGE

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-4STIPULATION AND [PROPOSED] ORDER TO MODIFY BRIEFING SCHEDULE