Hussey v. Ruckus Wireless, Inc. et al

Filing 47

STIPULATION AND ORDER re 45 Amending Briefing Schedule on Defendants' Motions to Dismiss. Motion Hearing reset for 2/16/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 12/22/16. (bpfS, COURT STAFF) (Filed on 12/22/2016)

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ROBBINS GELLER RUDMAN & DOWD LLP
DAVID T. WISSBROECKER (243867)
EDWARD M. GERGOSIAN (105679)
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: [phone]
619/231-7423 (fax)
[e-mail]
[e-mail]
Lead Counsel for Plaintiff
[Additional counsel appear 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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MIGUEL HUSSEY, Individually and on
Behalf of All Others Similarly Situated,

CLASS ACTION

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Case No.: 3:16-cv-02991-EMC

Plaintiff,
v.
RUCKUS WIRELESS, INC., et al.,

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STIPULATION AND [PROPOSED]
ORDER AMENDING BRIEFING
SCHEDULE ON DEFENDANTS’
MOTIONS TO DISMISS

Defendants.

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1218397_1

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STIP. AND PROPOSED ORDER RE MTD
BRIEFING 3:16-CV-02991-EMC

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Lead Plaintiff City of Pontiac General Employees’ Retirement System (“Lead

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Plaintiff”) and Defendants Brocade Communications Systems, Inc. (“Brocade”), Ruckus

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Wireless, Inc. (“Ruckus”), Selina Y. Lo, Seamus Hennessy, Gaurav Garg, Mohan Gyani,

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Georges Antoun, Richard Lynch, Stewart Grierson, and Barton Burstein (the “Individual

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Defendants” and, together with Ruckus and Brocade, “Defendants”), by and through their

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undersigned counsel, hereby stipulate and agree, subject to Court approval, as follows:

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WHEREAS, this is a putative securities class action, subject to the Private Securities

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Litigation Reform Act of 1995 (“PSLRA”), on behalf of former shareholders of Ruckus, in

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which Lead Plaintiff challenges numerous aspects of the disclosures, process, solicitations, and

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agreements culminating in the Merger by which Ruckus (previously an independent public

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company) became a subsidiary of Brocade in May 2016,

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WHEREAS, on October 24, 2016, Lead Plaintiff filed its Amended Complaint for

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Violations of §§ 14 and 20(a) of the Securities Exchange Act of 1934 and for Breach of

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Fiduciary Duties (the “Amended Complaint,” Dkt. No. 39);

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WHEREAS, on December 8, 2016, Defendants filed a consolidated motion to dismiss
the Amended Complaint (the “Motion to Dismiss”);

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WHEREAS, Lead Plaintiff’s current deadline to respond to the Motion to Dismiss is

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December 29, 2016, Defendants’ deadline to file reply papers is January 12, 2017, and a

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hearing on the Motion to Dismiss and a Case Management Conference are currently scheduled

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for January 26, 2017 at 1:30 p.m.;

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WHEREAS, in light of the holidays and the personal schedules of certain attorneys

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involved in the litigation, Lead Plaintiff and Defendants have agreed to a brief extension of the

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briefing schedule and adjournment of the hearing and Case Management Conference, subject

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to the Court’s approval.

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and
between the undersigned counsel for all parties, subject to Court approval, as follows:

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1218397_1

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1.

Lead Plaintiff’s opposition papers in response to Defendants’ Motion to

Dismiss shall be filed on or before January 5, 2017;
2.

Defendants’ reply papers in further support of their Motion to Dismiss shall be

filed on or before January 26, 2017;
3.

A hearing on Defendants’ Motion to Dismiss and Case Management

Conference shall be held on February 9, 2017 at 1:30 p.m.
IT IS SO STIPULATED.

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Dated: December 21, 2016

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By: s/ Joseph E. Floren
Joseph E. Floren

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Attorneys for Defendants
BROCADE COMMUNICATIONS SYSTEMS,
INC. and RUCKUS WIRELESS, INC.

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Respectfully submitted,
MORGAN, LEWIS & BOCKIUS LLP

Dated: December 21, 2016

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SULLIVAN & CROMWELL LLP
By: s/ Laura Kabler Oswell
Laura Kabler Oswell

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Attorneys for Defendants
BROCADE COMMUNICATIONS SYSTEMS,
INC. and RUCKUS WIRELESS, INC.

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Dated: December 21, 2016

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ROBBINS GELLER RUDMAN & DOWD
LLP
By: s/ David T. Wissbroecker
David T. Wissbroecker

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Attorneys for Lead Plaintiff
CITY OF PONTIAC GENERAL
EMPLOYEES’ RETIREMENT SYSTEM

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1218397_1

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1
CERTIFICATE OF CONCURRENCE IN FILING (Civ. L.R. 5-1(i)(3))

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I, David T. Wissbroecker, am the ECF User whose identification and password are
being used to file this Stipulation and [Proposed] Order. In compliance with Local Rule 51(i)(3), I hereby attest that Joseph E. Floren and Laura Kabler Oswell have concurred in this
filing.

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Dated: December 21, 2016

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s/ David T. Wissbroecker
DAVID T. WISSBROECKER

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ORDER

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Lead Plaintiff’s opposition papers in response to Defendants’ Motion to

Dismiss shall be filed on or before January 5, 2017;
2.

Defendants’ reply papers in further support of their Motion to Dismiss shall be

filed on or before January 26, 2017;
3.

A hearing on Defendants’ Motion to Dismiss and Case Management
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Conference shall be held on February 9, 2017 at 1:30 p.m.
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Dated: December __, 2016

S
UNIT
ED

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RT

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1218397_1

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en

d M. Ch

dwar
Judge E

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Hon. Edward M. Chen
United States District Judge

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COURT ORDERS:

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PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, THE

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D IS T IC T O
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CERTIFICATE OF SERVICE

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I hereby certify that on December 21, 2016, I authorized the electronic filing of the

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foregoing with the Clerk of the Court using the CM/ECF system which will send notification

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of such filing to the e-mail addresses denoted on the attached Electronic Mail Notice List, and

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I hereby certify that I caused to be mailed the foregoing document or paper via the United

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States Postal Service to the non-CM/ECF participants indicated on the attached Manual Notice
List.
I certify under penalty of perjury under the laws of the United States of America that
the foregoing is true and correct. Executed on December 21, 2016.

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s/ David T. Wissbroecker

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DAVID T. WISSBROECKER

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ROBBINS GELLER RUDMAN
& DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101-8498
Telephone: [phone]
619/231-7423 (fax)

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E-mail: [e-mail]

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1218397_1

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STIP. AND PROPOSED ORDER RE MTD
BRIEFING 3:16-CV-02991-EMC

CAND-ECF-

Page 1 of 1

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12/21/2016