Cho v. PayPal Holdings, Inc. et al

Filing 17

STIPULATION AND ORDER REGARDING RELATED CASES AND CONTINUING DATE UPON WHICH RESPONSIVE PLEADING IS DUE. Signed by Judge Richard Seeborg on 2/2/17. (cl, COURT STAFF) (Filed on 2/2/2017)

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1 2 3 4 5 6 JAMES N. KRAMER (SBN 154709) jkramer@orrick.com ALEXANDER K. TALARIDES (SBN 268068) atalarides@orrick.com SUZETTE J. PRINGLE (SBN 273116) springle@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: (415) 773-5700 Facsimile: (415) 773-5759 7 8 Attorneys for Defendants PayPal Holdings, Inc., Daniel H. Schulman, John D. Rainey, and Patrick L.A. Dupuis 9 [additional counsel appear on following page] 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN JOSE DIVISION 14 15 16 SHECK KWAI CHO, Individually and on Behalf of All Others Similarly Situated, Plaintiff, 17 18 19 20 21 v. Case No. 3:16-cv-07371-RS STIPULATION AND [PROPOSED] ORDER REGARDING RELATED CASES AND CONTINUING DATE UPON WHICH RESPONSIVE PLEADING IS DUE PAYPAL HOLDINGS, INC., DANIEL H. SCHULMAN, JOHN D. RAINEY, PATRICK L.A. DUPUIS, EBAY INC., JOHN J. DONAHOE, and ROBERT H. SWAN, Defendants. 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER REGARDING RELATED CASES AND CONTINUING DATE UPON WHICH RESPONSIVE PLEADING IS DUE OHSUSA:766326691.1 1 2 3 4 5 6 7 8 9 10 JOHN C. DWYER (STATE BAR NO. 136533) dwyerjc@cooley.com JESSICA VALENZUELA SANTAMARIA (SBN 220934) jvs@cooley.com COOLEY LLP 3175 Hanover Street Palo Alto, CA 94304 Telephone: (650) 843-5228 Facsimile: (650) 849-7400 Attorney for Defendants eBay Inc., John J. Donahoe, and Robert H. Swan JENNIFER PAFITI (SBN 282790) jpafiti@pomlaw.com POMERANTZ LLP 468 North Camden Drive Beverly Hills, CA 90210 Telephone: (818) 532-6449 Attorney for Individual and Representative Plaintiff Sheck Kwai Cho 11 12 13 14 15 16 17 JEREMY A. LIEBERMAN jalieberman@pomlaw.com J. ALEXANDER HOOD II ahood@pomlaw.com MARC GORRIE mgorrie@pomlaw.com POMERANTZ LLP 600 Third Avenue, 20th Floor New York, New York 10016 Telephone: (212) 661-1100 Facsimile: (212) 661-8665 Attorneys for Individual and Representative Plaintiff Sheck Kwai Cho 18 19 20 21 22 PATRICK V. DAHLSTROM pdahlstrom@pomlaw.com POMERANTZ LLP 10 South La Salle Street, Suite 3505 Chicago, Illinois 60603 Telephone: (312) 377-1181 Facsimile: (312) 377-1184 Attorney for Individual and Representative Plaintiff Sheck Kwai Cho 23 24 25 26 27 PERETZ BRONSTEIN peretz@bgandg.com BRONSTEIN, GEWIRTZ & GROSSMAN, LLC 60 East 42 Street, Suite 4600 New York, NY 10165 Telephone: (212) 697-6484 Facsimile: (212) 697-7396 Attorney for Individual and Representative Plaintiff Sheck Kwai Cho 28 -1OHSUSA:766326691.1 STIPULATION AND [PROPOSED] ORDER REGARDING RELATED CASES AND CONTINUING DATE UPON WHICH RESPONSIVE PLEADING IS DUE 1 2 The parties to the above-referenced action stipulate, and the Court hereby orders, as follows: 3 4 CONSOLIDATION OF POTENTIAL RELATED CASES 1. Pursuant to Fed. R. Civ. P. 42(a), all subsequent actions filed in, or transferred to, 5 this District which are related actions within the meaning of Civil L.R. 3-12 shall be consolidated 6 into this action for pretrial purposes. Except as provided in paragraph 5, this Order shall apply to 7 every such related action, absent order of the Court. 8 9 10 2. Upon becoming aware that a case that should be consolidated into this action is filed in, or transferred to, this District, the plaintiff shall file a Notice of Related Cases pursuant to Civil L.R. 3-12. If the Court determines that the case is related, the clerk shall: 11 (a) place a copy of this Order in the separate file for such action; 12 (b) serve on plaintiff’s counsel in the new case a copy of this Order; 13 (c) direct that this Order be served upon defendants in the new case; and 14 (d) make the appropriate entry in the Master Docket. 15 3. A party that objects to such consolidation, or to any other provision of this Order, 16 must file an application for relief from this Order within thirty (30) days after the date on which a 17 copy of the Order is mailed to the party’s counsel. 18 19 20 4. This Order is entered without prejudice to the rights of any party to apply for severance of any claim or action, for good cause shown. 5. This Order shall not apply to any related shareholder derivative action that may be 21 brought purportedly on behalf of Defendants PayPal Holdings, Inc. or eBay, Inc., including the 22 action captioned Silverman v. Schulman, et al., Case No. 5:17-cv-00162-HRL (N.D. Cal., filed on 23 Jan. 12, 2017). Although any such shareholder derivative action may be deemed related to this 24 action, it shall not be consolidated with this action. 25 26 27 28 MASTER DOCKET AND CAPTION 6. The docket in Civil Action No. 3:16-cv-07371 shall constitute the Master Docket for this action. 7. Every pleading filed in the consolidated action shall bear the following caption: -2- OHSUSA:766326691.1 STIPULATION AND [PROPOSED] ORDER REGARDING RELATED CASES AND CONTINUING DATE UPON WHICH RESPONSIVE PLEADING IS DUE 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 5 In re PAYPAL HOLDINGS, INC. SECURITIES LITIGATION ) Master File No. 3:16-cv-07371 _____________________________________ ) ) ) ) ) ) ) 6 7 8 This Document Relates To: _____________________________________ CLASS ACTION 9 10 8. The file in Civil Action No. 3:16-cv-07371 shall constitute a Master File for every 11 action in the consolidated action. When the document being filed pertains to all actions, the 12 phrase “All Actions” shall appear immediately after the phrase “This Documents Relates To.” 13 When a pleading applies only to some, not all, of the actions, the document shall list, immediately 14 after the phrase “This Documents Relates To:”, the docket number for each individual action to 15 which the document applies, along with the last name of the first-listed plaintiff in said action. 16 PLEADINGS AND MOTIONS 17 9. Defendants acknowledge that they have been properly served with the summons 18 and complaint in this action. Defendants are not required to respond to the instant complaint, or 19 to any complaint in any action consolidated into this action, until the lead plaintiff and lead 20 plaintiff’s counsel have been designated pursuant to 15 U.S.C. §78u 4(a)(3)(B), and have filed a 21 Consolidated Complaint. The Consolidated Complaint shall supersede all complaints filed in any 22 of the actions consolidated herein. 23 10. Lead plaintiff’s counsel shall have authority to speak for, and enter into 24 agreements on behalf of, plaintiffs in all matters regarding pretrial procedures, discovery, and 25 settlement negotiations. Defendants’ counsel may rely upon agreements made with lead 26 plaintiff’s counsel and such agreements shall be binding on all plaintiffs. 27 28 -3OHSUSA:766326691.1 STIPULATION AND [PROPOSED] ORDER REGARDING RELATED CASES AND CONTINUING DATE UPON WHICH RESPONSIVE PLEADING IS DUE 1 2 3 11. Lead plaintiff shall file a Consolidated Complaint within forty-five (45) days after the filing of the order designating the lead plaintiff, unless otherwise agreed upon by the parties. 12. Defendants’ time to respond to the Consolidated Complaint shall be within forty- 4 five (45) days from the date on which all defendants are served with the Consolidated Complaint, 5 unless otherwise agreed upon by the parties. If defendants file any motions directed at the 6 Consolidated Complaint, the opposition shall be filed within forty-five (45) days from the date on 7 which lead plaintiff is served with such motions directed at the Consolidated Complaint, and any 8 reply briefs shall be filed within thirty (30) days from the date on which all defendants are served 9 with the opposition, unless otherwise agreed upon by the parties. 10 Dated: January 26, 2017 11 12 JAMES N. KRAMER ALEXANDER K. TALARIDES SUZETTE J. PRINGLE Orrick, Herrington & Sutcliffe LLP 13 /s/ Alexander K. Talarides ALEXANDER K. TALARIDES Attorneys for Defendants PayPal Holdings, Inc., Daniel H. Schulman, John D. Rainey, and Patrick L.A. Dupuis 14 15 16 17 18 I, Alexander K. Talarides, am the ECF user whose ID and password are being used to file this Stipulation and [Proposed] Order Regarding Related Cases and Continuing Date Upon Which Responsive Pleading is Due. In compliance with General Order 45, X.B., I hereby attest that Jessica Valenzuela Santamaria has concurred in this filing. 19 Dated: January 26, 2017 20 JOHN C. DWYER JESSICA VALENZUELA SANTAMARIA COOLEY LLP 21 22 /s/ Jessica Valenzuela Santamaria JESSICA VALENZUELA SANTAMARIA Attorney for Defendants eBay Inc., John J. Donahoe, and Robert H. Swan 23 24 25 26 27 28 -4OHSUSA:766326691.1 STIPULATION AND [PROPOSED] ORDER REGARDING RELATED CASES AND CONTINUING DATE UPON WHICH RESPONSIVE PLEADING IS DUE 1 3 I, Alexander K. Talarides, am the ECF user whose ID and password are being used to file this Stipulation and [Proposed] Order Regarding Related Cases and Continuing Date Upon Which Responsive Pleading is Due. In compliance with General Order 45, X.B., I hereby attest that J. Alexander Hood II has concurred in this filing. 4 Dated: January 26, 2017 2 5 6 7 JENNIFER PAFITI JEREMY A. LIEBERMAN J. ALEXANDER HOOD II MARC GORRIE PATRICK V. DAHLSTROM POMERANTZ LLP PERETZ BRONSTEIN BRONSTEIN, GEWIRTZ & GROSSMAN, LLC 8 9 /s/ J. Alexander Hood II J. ALEXANDER HOOD II Attorneys for Individual and Representative Plaintiff Sheck Kwai Cho 10 11 12 13 *** 14 ORDER 15 Based on the stipulation of the signed parties, and good cause appearing, IT IS HEREBY 16 ORDERED that the Stipulation is approved. 17 It is so ORDERED. 18 19 20 2/2/17 DATED: _______________________ THE HONORABLE RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 -5OHSUSA:766326691.1 STIPULATION AND [PROPOSED] ORDER REGARDING RELATED CASES AND CONTINUING DATE UPON WHICH RESPONSIVE PLEADING IS DUE

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