Monachelli v. Hortonworks, Inc, et al

Filing 41

ORDER, Motions terminated: #40 STIPULATION WITH PROPOSED ORDER STIPULATION AND [PROPOSED] SCHEDULING ORDER filed by Robert G Bearden, Hortonworks, Inc, Scott J Davidson. Initial Case Management Conference set for 2/24/2017 02:30 PM in Courtroom 1, 17th Floor, San Francisco. Motion Hearing set for 12/9/2016 09:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Susan Illston.. Signed by Judge Susan Illston on 6/22/16. (tfS, COURT STAFF) (Filed on 6/22/2016)

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JORDAN ETH (BAR NO. 121617)
Email: [e-mail]
ANNA ERICKSON WHITE (BAR NO. 161385)
Email: [e-mail]
RYAN M. KEATS (BAR NO. 296463)
Email: [e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone:
415.268.7000
Facsimile:
415.268.7522
Attorneys for Defendants
HORTONWORKS, INC.,
ROBERT G. BEARDEN,
and SCOTT J. DAVIDSON

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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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WILLIAM MONACHELLI, Individually and
on Behalf of All Others Similarly Situated,
Plaintiff,

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Case No. 3:16-cv-00980-SI
STIPULATION AND [PROPOSED]
SCHEDULING ORDER

v.
HORTONWORKS, INC., ROBERT G.
BEARDEN, and SCOTT J. DAVIDSON,
Defendants.

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STIPULATION AND [PROPOSED] SCHEDULING ORDER
3:16-cv-00980-SI
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Judge:
Complaint Filed:
Trial Date:

Hon. Susan Illston
Feb. 29, 2016
None set

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Pursuant to Civil Local Rule 7-12, Defendants Hortonworks, Inc., Robert G. Bearden, and

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Scott J. Davidson (“Defendants”), Lead Plaintiff Randall A. Arvidson, and original Plaintiff

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William Monachelli (together the “Plaintiffs” and collectively, with Defendants, the “Parties”),

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by and through their undersigned counsel of record, submit the following Stipulation and

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Proposed Scheduling Order:

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WHEREAS, the Court scheduled a Case Management Conference (“CMC”) in this action
for June 17, 2016 at 2:30 p.m. (Dkt. No. 7);
WHEREAS, on April 27, 2016, the Court entered an order (Dkt. No. 19) approving the
Parties’ joint stipulation to reschedule the June 17, 2016 CMC to September 16, 2016 and

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extending Defendants’ time to respond to the complaint, providing that, “Within twenty (20) days

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after this Court appoints a Lead Plaintiff, the Lead Plaintiff and Defendants will submit to the

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Court a proposed schedule for (i) Lead Plaintiff’s filing of an Amended Complaint or designation

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of the Complaint as the operative complaint in this action; (ii) Defendants’ time to answer or

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otherwise respond to the operative complaint; (iii) Lead Plaintiff’s time to respond to any motion

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to dismiss; and (iv) Defendants’ time to reply with respect to the same.”;

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WHEREAS, on June 1, 2016, the Court issued a written order granting Randall A.

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Arvidson’s unopposed motion seeking his appointment as Lead Plaintiff and granting his motion

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for appointment of Pomerantz LLP as Lead Counsel. (Dkt No. 39);

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WHEREAS, the Parties have met and conferred and agreed as to a proposed schedule for

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the filing of an amended complaint and for briefing Defendants’ anticipated motion to dismiss

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and further agreed that it would save judicial and Party resources if the CMC is deferred until

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after the Court rules on such motion;

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

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1.

Lead Plaintiff shall file an amended complaint no later than July 28, 2016;

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2.

Defendants’ motion to dismiss the amended complaint shall be filed on or before

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September 12, 2016;

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STIPULATION AND [PROPOSED] SCHEDULING ORDER
3:16-cv-00980-SI
sf-3665878

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3.

Lead Plaintiff’s opposition to Defendants’ motion to dismiss the amended

complaint shall be filed on or before October 27, 2016;
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Defendants’ reply in support of their motion to dismiss shall be filed on or before

November 17, 2016;
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The hearing on Defendants’ motion to dismiss shall be scheduled for December 9,

2016 at 9:00 a.m., or such subsequent date that is convenient for the Court;
6.

The CMC shall be rescheduled to February 24, 2017 at 2:30 p.m., or such

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subsequent date that is convenient for the Court, in Courtroom # 1, 17th Floor, Phillip Burton

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Federal Building, 450 Golden Gate Avenue, San Francisco, CA 94102. In accordance with this

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Court’s Standing Order (Dkt No. 7-2) ¶7, the parties hereto stipulate and agree that their counsel

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may appear at the CMC telephonically.

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STIPULATION AND [PROPOSED] SCHEDULING ORDER
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Dated: June 21, 2016

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MORRISON & FOERSTER LLP
/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
HORTONWORKS, INC.,
ROBERT G. BEARDEN,
and SCOTT J. DAVIDSON

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Dated: June 21, 2016

POMERANTZ LLP

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/s/ Matthew Tuccillo
Jeremy A. Lieberman (Pro Hac Vice)
Matthew L. Tuccillo (Pro Hac Vice)
J. Alexander Hood II (Pro Hac Vice)
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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Lead Counsel for Plaintiffs
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STIPULATION AND [PROPOSED] SCHEDULING ORDER
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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED:

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1.

Lead Plaintiff shall file an amended complaint no later than July 28, 2016;

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2.

Defendants’ motion to dismiss the amended complaint shall be filed on or before

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September 12, 2016;
3.

Plaintiff’s opposition to Defendants’ motion to dismiss the amended complaint

shall be filed on or before October 27, 2016;
4.

Defendants’ reply in support of their motion to dismiss shall be filed on or before

November 17, 2016;
5.

The hearing on Defendants’ motion to dismiss shall be scheduled for December 9,

2016 at 9:00 a.m., or such subsequent date that is convenient for the Court;
6.

The CMC shall be rescheduled to February 24, 2017 at 2:30 p.m., or such

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subsequent date that is convenient for the Court. In accordance with this Court’s Standing Order

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(Dkt No. 7-2) ¶7, the parties’ counsel may appear at the CMC telephonically.

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DATED:

6/22/16
Honorable Judge Susan Illston

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STIPULATION AND [PROPOSED] SCHEDULING ORDER
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ATTESTATION
I, Ryan M. Keats, am the ECF User whose ID and password are being used to file this

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STIPULATION AND [PROPOSED] SCHEDULING ORDER. In compliance with Civil L.R.

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5-1, I hereby attest that Matthew Tuccillo concurred in this filing.

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/s/ Ryan M. Keats

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