Shenwick v. Twitter, Inc. et al

Filing 80

STIPULATION AND ORDER re 77 STIPULATION WITH PROPOSED ORDER RE: SCHEDULING AND REQUEST TO ASSOCIATE ADDITIONAL COUNSEL filed by KBC Asset Management NV. Signed by Judge Jon S. Tigar on January 18, 2017. (wsn, COURT STAFF) (Filed on 1/18/2017)

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BLEICHMAR FONTI & AULD LLP
LESLEY E. WEAVER
1999 Harrison Street, Suite 670
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]

MOTLEY RICE LLC
GREGG S. LEVIN (admitted pro hac vice)
28 Bridgeside Blvd.
Mt. Pleasant, SC 29464
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]

Liaison Counsel

Lead Counsel for the Class

[Additional counsel appear on signature page]

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
:
:
:
Plaintiff,
:
:
v.
::
:
TWITTER, INC., et al.,
:
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Defendants.
:
:
CLAIRE DEGENHARDT, Individually and on :
:
Behalf of All Others Similarly Situated,
:
:
Plaintiff,
:
:
v.
:
:
TWITTER, INC., RICHARD COSTOLO and :
ANTHONY NOTO,
:
:
Defendants.
:
:
DORIS SHENWICK, et al.,

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STIPULATION AND [PROPOSED] SCHEDULING ORDER
CASE NO. 3:16-CV-05314-JST

Case No. 3:16-cv-05314-JST
STIPULATION AND [PROPOSED]
SCHEDULING ORDER AND REQUEST
TO ASSOCIATE ADDITIONAL COUNSEL

Case No. 3:16-cv-05439-JST

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Pursuant to Civil Local Rule 7-12, the parties, lead plaintiff KBC Asset Management NV

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(“KBC” or “Lead Plaintiff”) and defendants Twitter, Inc., Richard Costolo, and Anthony Noto

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(collectively, “Defendants”), by and through their undersigned counsel of record, submit the following

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stipulation and proposed order:

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WHEREAS, on December 22, 2016, the Court held a hearing on pending motions to appoint
Lead Plaintiff and Lead Counsel and to consolidate two related securities fraud cases, ECF No. 71;

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WHEREAS, on the same day, the Court issued a written order granting KBC’s motion for

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appointment as Lead Plaintiff, approving its selection of Motley Rice LLC (“Motley Rice”) as Lead

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Counsel and Bleichmar Fonti & Auld LLP as liaison counsel, and consolidating Shenwick v. Twitter,

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No. 3:16-cv-05314, with Degenhardt v. Twitter, No. 3:16-cv-05439, ECF No. 72;

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WHEREAS, during the December 22, 2016 hearing, the Court ordered the parties to submit by

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January 13, 2017 a stipulated or competing proposed case schedule(s), said schedule(s) to include a date

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for an initial case management conference (“CMC”), and to address Lead Plaintiff’s intent to associate

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certain counsel, ECF No. 71;

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WHEREAS, the parties have met, conferred, and agreed on a proposed schedule;

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NOW THEREFORE, the parties hereby agree and stipulate to the following:

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1.

Lead Plaintiff shall file a Consolidated Amended Complaint no later than March 2, 2017;

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2.

An initial CMC shall be scheduled for April 19, 2017 at 2:00 p.m.;

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3.

Defendants’ Motion to Dismiss Plaintiffs’ Consolidated Amended Complaint (“Motion

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to Dismiss”) shall be filed on or before May 2, 2017;
4.

Lead Plaintiff’s opposition to Defendants’ Motion to Dismiss shall be filed on or before

June 21, 2017;
5.

Defendants’ Reply Memorandum in support of their Motion to Dismiss shall be filed on

or before August 7, 2017; and
6.

The hearing on Defendants’ anticipated Motion to Dismiss shall be scheduled for

Thursday, September 14, 2017 at 2:00 p.m.

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STIPULATION AND [PROPOSED] SCHEDULING ORDER
CASE NO. 3:16-CV-05314-JST

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OTHER MATTERS

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During the December 22, 2016 hearing, Lead Counsel mentioned its intent to associate Robbins

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Geller Rudman & Dowd LLP (“Robbins Geller”) in this case to work at Lead Plaintiff and Lead

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Counsel’s direction in light of Robbins Geller’s extensive investigation and development of the case

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which work product would be needlessly duplicative and expensive to replicate. Lead Counsel’s

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association of additional counsel will not increase fees or costs potentially borne by the putative class.

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Defendants take no position on Lead Counsel’s request to associate Robbins Geller.
Dated: January 13, 2017

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Respectfully submitted,
BLEICHMAR FONTI & AULD LLP

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By: /s/ Lesley E. Weaver
Lesley E. Weaver
1999 Harrison Street, Suite 670
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]

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Joseph A. Fonti (admitted pro hac vice)
7 Times Square, 27th Floor
New York, NY 10036
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]

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Liaison Counsel

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MOTLEY RICE LLC

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Gregg S. Levin (admitted pro hac vice)
28 Bridgeside Blvd.
Mt. Pleasant, SC 29464
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]

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Lead Counsel for the Class

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Dated: January 13, 2017

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SIMPSON THACHER & BARTLETT LLP
By: /s/ Simona G. Strauss
Simona G. Strauss

STIPULATION AND [PROPOSED] SCHEDULING ORDER
CASE NO. 3:16-CV-05314-JST

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2475 Hanover Street
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]

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SIMPSON THACHER & BARTLETT LLP
Jonathan K. Youngwood (admitted pro hac vice)
425 Lexington Ave
New York, NY 10017-3954
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]

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Attorneys for Defendants Twitter, Inc., Anthony
Noto, and Richard Costolo

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I, Lesley E. Weaver, am the ECF User whose ID and password are being used to file this

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Stipulation and [Proposed] Scheduling Order and Request to Associate Additional Counsel.

In

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compliance with Civil Local Rule 5-1(i)(3), I hereby attest that Simona G. Strauss has concurred in this

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filing.
/s/ Lesley E. Weaver
Lesley E. Weaver

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Pursuant to Stipulation, the foregoing schedule is adopted by the Court. In addition, the Court
approves Lead Counsel’s association of Robbins Geller Rudman & Dowd LLP.
IT IS SO ORDERED.

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January 18, 2017
DATED: ___________________

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________________________________
THE HONORABLE JON S. TIGAR
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] SCHEDULING ORDER
CASE NO. 3:16-CV-05314-JST

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