Pytel v. Sunrun Inc. et al

Filing 16

ORDER by Judge Haywood S. Gilliam, Jr. Granting 15 Stipulation EXTENDING TIME TO OPPOSE MOTION TO REMAND. (ndrS, COURT STAFF) (Filed on 6/1/2016)

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ANNA ERICKSON WHITE (CA SBN 161385)
[e-mail]
ROBERT L. CORTEZ WEBB (CA SBN 274742)
[e-mail]
SU-HAN WANG (CA SBN 284863)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendants
Sunrun Inc., Lynn Jurich, Bob Komin, Edward Fenster, Jameson
McJunkin, Gerald Risk, Steve Vassallo, Richard Wong, Beau
Peelle, Eren Omer Atesmen, Reginald Norris, William Elmore,
Foundation Capital VI, L.P., and Foundation Capital
Management Co. VI, LLC

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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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JEFFREY L. PYTEL, Individually and on Behalf
of All Others Similarly Situated,

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Plaintiff,
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Case No.

3:16-CV-02566-HSG

STIPULATION EXTENDING
TIME TO OPPOSE MOTION TO
REMAND

v.
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SUNRUN INC., LYNN JURICH, BOB KOMIN,
EDWARD FENSTER, JAMESON MCJUNKIN,
GERALD RISK, STEVE VASSALLO,
RICHARD WONG, BEAU PEELLE, EREN
OMER ATESMEN, REGINALD NORRIS,
WILLIAM ELMORE, FOUNDATION
CAPITAL VI, L.P., FOUNDATION CAPITAL
MANAGEMENT CO. VI, LLC, CREDIT
SUISSE SECURITIES (USA) LLC, GOLDMAN,
SACHS & CO., MORGAN STANLEY & CO.
LLC, MERRILL LYNCH, PIERCE, FENNER &
SMITH INCORPORATED, RBC CAPITAL
MARKETS, LLC, KEYBANC CAPITAL
MARKETS INC., and SUNTRUST ROBINSON
HUMPHREY, INC.,

ORDER GRANTING
STIPULATION
[L.R. CIV. 6-2]

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Defendants.
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STIPULATION EXTENDING TIME TO OPPOSE MOTION; [PROPOSED] ORDER
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Plaintiff Jeffrey L. Pytel (“Plaintiff”), by and through his undersigned counsel, and

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Defendants Sunrun Inc., Lynn Jurich, Bob Komin, Edward Fenster, Jameson McJunkin, Gerald

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Risk, Steve Vassallo, Richard Wong, Beau Peelle, Eren Omer Atesmen, Reginald Norris, William

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Elmore, Foundation Capital VI, L.P., and Foundation Capital Management Co. VI, LLC (the

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“Sunrun Defendants”), as well as Credit Suisse Securities (USA) LLC, Goldman, Sachs & Co.,

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Morgan Stanley & Co. LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, RBC Capital

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Markets, LLC, KeyBanc Capital Markets Inc., and SunTrust Robinson Humphrey, Inc. (the

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“Underwriter Defendants,” collectively with the Sunrun Defendants, “Defendants”), by and

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through their undersigned counsel, hereby stipulate and agree as follows:

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WHEREAS Plaintiff filed a Motion to Remand this action on May 17, 2016;

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WHEREAS, the plaintiffs in five additional actions against Defendants filed motions to

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remand those actions between May 17, 2016, and May 19, 2016;
WHEREAS, pursuant to Local Rule 7-3, Defendants’ opposition to Plaintiff’s motion is

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currently due by May 31, 2016;

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WHEREAS Plaintiff’s reply to Defendants’ opposition is currently due by June 7, 2016;

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WHEREAS Plaintiff’s motion is scheduled to be heard in this Court on July 28, 2016;

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WHEREAS Defendants have moved the Court for an Order relating the six pending

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removed state court securities class actions to the similar securities class action originally filed in

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federal court;

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WHEREAS the plaintiffs in the six removed actions have opposed Defendants’ Motion to

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Relate, and instead requested that the Court relate only the six removed state court securities class

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actions;
WHEREAS Defendants’ motion is currently under submission before the Hon. Charles R.

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Breyer;

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WHEREAS the undersigned parties are currently negotiating with plaintiffs in the five

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additional removed actions regarding coordinated briefing on the pending motions to remand;

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STIPULATION EXTENDING TIME TO OPPOSE MOTION; [PROPOSED] ORDER
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WHEREAS the undersigned parties agree that a short extension of time for Defendants to

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oppose Plaintiff’s Motion to Remand is appropriate in light of the anticipated coordinated briefing

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of the six pending motions to remand;

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WHEREAS this extension will not affect the noticed hearing date;

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WHEREAS, in the interest of efficiency and judicial economy, the parties have previously

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stipulated to defer Defendant’s response to the complaint in this action pending the resolution of

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Plaintiff’s Motion to Remand;

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WHEREAS, other than the dates of the opposition and reply to Plaintiff’s Motion to
Remand, this stipulation will not affect or alter the date of any event or deadline already fixed by
Court order or otherwise affect the schedule of the case;

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NOW THEREFORE, the parties hereby STIPULATE and AGREE as follows:

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1.

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June 2, 2016; and,

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2.

Defendants shall file an opposition to Plaintiff’s Motion to Remand on or before

Plaintiff shall file a reply to Defendants’ opposition on or before June 9, 2016.

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IT IS SO STIPULATED

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STIPULATION EXTENDING TIME TO OPPOSE MOTION; [PROPOSED] ORDER
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Dated: May 31, 2016

Dated:

May 31, 2016

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ROBBINS GELLER RUDMAN & DOWD
LLP

MORRISON & FOERSTER LLP

By:

By:

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/s/ James I. Jaconette

/s/ Anna Erickson White

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Attorney for Plaintiff

Attorneys for the Sunrun Defendants

James I. Jaconette (SBN 179565)
655 W. Broadway, Suite 1900
San Diego, CA 92101-8498
Telephone: [phone]
Facsimile: 619.231.7423

Dated:

SHEARMAN & STERLING LLP
By:

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May 31, 2016

/s/ Patrick D. Robbins

Attorneys for the Underwriter Defendants

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Patrick D. Robbins
535 Mission Street, 25th Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415.616.1199
Email: [e-mail]

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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Dated: June 1, 2016
____________________________________
Hon. Haywood S. Gilliam, Jr.
United States District Judge

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STIPULATION EXTENDING TIME TO OPPOSE MOTION; [PROPOSED] ORDER
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ATTESTATION OF E-FILED SIGNATURE
I, Anna Erickson White, am the ECF User whose ID and password are being used to file
this STIPULATION EXTENDING TIME TO OPPOSE MOTION TO REMAND. In
compliance with General Order 45, X.B., I hereby attest that James I. Jaconette and Patrick D.
Robbins concur in this filing.

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Dated: May 31, 2016

/s/ Anna Erickson White
Anna Erickson White

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STIPULATION EXTENDING TIME TO OPPOSE MOTION; [PROPOSED] ORDER
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CERTIFICATE OF SERVICE

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I hereby certify that on May 31, 2016, I electronically transmitted the attached
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document to the Clerk’s Office using the CM/ECF System for filing and transmittal of a
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Notice of Electronic Filing to all CM/ECF registrants.
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/s/Kenneth L.P. MacCardle
Kenneth L.P. MacCardle

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STIPULATION EXTENDING TIME TO OPPOSE MOTION; [PROPOSED] ORDER
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