Bristow v. SunPower Corporation et al

Filing 54

STIPULATION AND ORDER RE 53 (1) ESTABLISHING MASTER CASE FILE; (2) SETTING DATE FOR FILING OF CONSOLIDATED COMPLAINT AND BRIEFING SCHEDULE; AND (3) CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. Signed by Judge Richard Seeborg on 1/13/17. (cl, COURT STAFF) (Filed on 1/13/2017)

1 Rosemary M. Rivas (Bar No. 209147)
[e-mail]

2 FINKELSTEIN THOMPSON LLP
1 California Street, Suite 900

3 San Francisco, California 94111
Telephone: [phone]

4 Facsimile: [phone]

5 Liaison Counsel for Plaintiff and the Proposed Class
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KENNETH BRISTOW, Individually
11 and On Behalf of All Others Similarly
Situated,
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Plaintiff,
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14 v.
15 SUNPOWER CORPORATION, et al.,
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Defendants.
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JAY PATEL, Individually and On
18 Behalf of All Others Similarly Situated,
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Plaintiff,
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vs.
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22 SUNPOWER CORPORATION, et al.,
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Case No. 16-cv-04710-RS
STIPULATION AND [PROPOSED]
ORDER (1) ESTABLISHING
MASTER CASE FILE; (2) SETTING
DATE FOR FILING OF
CONSOLIDATED COMPLAINT
AND BRIEFING SCHEDULE; AND
(3) CONTINUING INITIAL CASE
MANAGEMENT CONFERENCE
Case No. 16-cv-04915-RS

Defendants.

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Case No. 16-cv-04710-RS

STIPULATION & [PROPOSED] ORDER

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WHEREAS, on December 9, 2016, the Court entered an order consolidating the above

2 actions (“Consolidated Action”) and appointing Brower Priven, A Professional Corporation, as
3 lead counsel, and Finkelstein Thompson LLP, to serve as liaison counsel;
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WHEREAS, the Parties believe that a Master File should be established for the

5 consolidated proceedings, all previously filed documents in either of the consolidated cases should
6 be incorporated into the record, and any subsequently filed actions pertaining to or arising from
7 the same facts and circumstances as those set forth in the above-captioned actions should be
8 consolidated with the Consolidated Action;
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WHEREAS, the Parties have met and conferred about scheduling the filing of a

10 consolidated complaint, the briefing schedule for Defendants’ anticipated motion to dismiss, and
11 the Initial Case Management Conference (“CMC”), which is currently scheduled for January 26,
12 2017;
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WHEREAS, the Parties believe that due to the legal issues presented in the case, the

14 briefing schedule set forth in Local Rule 7-3 should be extended;
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WHEREAS, pursuant to the Private Securities Litigation Reform Act, 15 U.S.C. § 78u-

16 4(b)(3), discovery in this action is stayed pending the resolution of Defendants’ motion to dismiss;
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WHEREAS, the Parties believe that it is in the interests of judicial efficiency and economy

18 that the Initial CMC should be continued pending the resolution of Defendants’ motion to dismiss;
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WHEREAS, subject to the approval of the Court, the parties respectfully request that the

20 January 26, 2017 CMC and related CMC and ADR deadlines be vacated and continued until after
21 a ruling on Defendants’ motion to dismiss;
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ACCORDINGLY, SUBJECT TO THE APPROVAL OF THE COURT, THE PARTIES

23 HEREBY STIPULATE AND AGREE as follows:
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1.

A Master File shall be established for the consolidated proceedings in the

25 Consolidated Action. The docket number for the Master File shall be Master File No. 3:16-cv26 04710-RS. The original of this Order shall be filed by the Clerk in the Master File.
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2.

Every pleading filed in the Consolidated Action shall bear the following caption:

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Case No. 3:16-cv-04710-RS

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STIPULATION & [PROPOSED] ORDER

1
IN RE SUNPOWER CORPORATION
2 SECURITIES LITIGATION
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3.

Master File No. 3:16-cv-04710-RS

All documents previously filed to date in any of the cases consolidated herein are

5 deemed a part of the record in the Consolidated Action.
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4.

This Order shall govern all subsequently filed actions pertaining to or arising from

7 the same facts and circumstances as those set forth in the above-captioned actions and that
8 properly belong as part of the Consolidated Action.
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5.

Plaintiffs shall file the consolidated complaint by March 9, 2017.

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6.

Defendants shall file a response to the complaint by May 8, 2017.

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7.

Should Defendants filed a motion to dismiss on or before May 8, 2017, Plaintiffs

12 shall have 60 days to file an opposition, and Defendants shall have 30 days to file a reply brief.
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8.

The Parties shall meet and confer as to an appropriate hearing date.

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9.

The Initial Case Management Conference shall be continued until after a ruling on

15 Defendants’ motion to dismiss, to such date and time as the Court may order.
16 DATED: January 11, 2017

FINKELSTEIN THOMPSON LLP

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By: /s/ Rosemary M. Rivas
Rosemary M. Rivas

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Liaison Counsel for Plaintiff

20 DATED: January 11, 2017

WILSON SONSINI GOODRICH & ROSATI

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By: /s/ Diane Marie Walters
Steven Mark Schatz
Diane Marie Walters

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Counsel for Defendants

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Case No. 3:16-cv-04710-RS

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STIPULATION & [PROPOSED] ORDER

[PROPOSED] ORDER

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Based on the foregoing stipulation and good cause being shown, the Court hereby

3 GRANTS the parties’ Stipulation. The Court hereby orders as follows:
4
1.
A Master File shall be established for the consolidated proceedings in the
5 Consolidated Action. The docket number for the Master File shall be Master File No. 3:16-cv6 04710-RS. The original of this Order shall be filed by the Clerk in the Master File.
7

2.

Every pleading filed in the Consolidated Action shall bear the following caption:

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9 IN RE SUNPOWER CORPORATION
SECURITIES LITIGATION
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3.

Master File No. 3:16-cv-04710-RS

This Order shall govern all subsequently filed actions pertaining to or arising from

12 the same facts and circumstances as those set forth in the above-captioned actions and that
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properly belong as part of the Consolidated Action.

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4.

When a case that properly belongs as part of the Consolidated Action is hereafter

16 filed in the Court, this Court requests the assistance of counsel in calling to the attention of the
17 Court the filing of any case which might properly be consolidated as part of the Consolidated
18 Action, and counsel are to assist in assuring that counsel in subsequent actions receive notice of
19 this Order.
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5.

Plaintiffs shall file the consolidated complaint by March 9, 2017.

6.

Defendants shall file a response to the complaint by May 8, 2017.

7.

Should Defendants file a motion to dismiss on or before May 8, 2017, Plaintiffs

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24 shall have 60 days to file an opposition, and Defendants shall have 30 days to file a reply brief.
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8.

The Parties shall meet and confer as to an appropriate hearing date.

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Case No. 3:16-cv-04710-RS

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STIPULATION & [PROPOSED] ORDER

1

9.

The Initial CMC and related CMC and ADR deadlines are continued until after

2 the Court’s ruling on Defendants’ motion(s) to dismiss, to such date and time as the Court may
3 order.
4 IT IS SO ORDERED.
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1/13/17
6 Date:_____________

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________________________________________
HON. RICHARD SEEBORG
United States District Court Judge

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FILER’S ATTESTATION

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Pursuant to Civil Local Rule 5-1 regarding signatures, I attest under penalty of perjury that

11 the concurrence in the filing of this document has been obtained from all signatories.
/s/ Rosemary M. Rivas
Rosemary M. Rivas

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Case No. 3:16-cv-04710-RS

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STIPULATION & [PROPOSED] ORDER