Cho v. PayPal Holdings, Inc. et al
Filing
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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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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
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Attorneys for Defendants
PayPal Holdings, Inc., Daniel H. Schulman,
John D. Rainey, and Patrick L.A. Dupuis
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[additional counsel appear on following page]
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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SHECK KWAI CHO, Individually and on
Behalf of All Others Similarly Situated,
Plaintiff,
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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.
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STIPULATION AND [PROPOSED] ORDER
REGARDING RELATED CASES AND CONTINUING
DATE UPON WHICH RESPONSIVE PLEADING IS DUE
OHSUSA:766326691.1
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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
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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
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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
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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
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-1OHSUSA:766326691.1
STIPULATION AND [PROPOSED] ORDER
REGARDING RELATED CASES AND CONTINUING
DATE UPON WHICH RESPONSIVE PLEADING IS DUE
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The parties to the above-referenced action stipulate, and the Court hereby orders, as
follows:
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CONSOLIDATION OF POTENTIAL RELATED CASES
1.
Pursuant to Fed. R. Civ. P. 42(a), all subsequent actions filed in, or transferred to,
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this District which are related actions within the meaning of Civil L.R. 3-12 shall be consolidated
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into this action for pretrial purposes. Except as provided in paragraph 5, this Order shall apply to
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every such related action, absent order of the Court.
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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:
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(a)
place a copy of this Order in the separate file for such action;
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(b)
serve on plaintiff’s counsel in the new case a copy of this Order;
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(c)
direct that this Order be served upon defendants in the new case; and
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(d)
make the appropriate entry in the Master Docket.
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3.
A party that objects to such consolidation, or to any other provision of this Order,
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must file an application for relief from this Order within thirty (30) days after the date on which a
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copy of the Order is mailed to the party’s counsel.
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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
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brought purportedly on behalf of Defendants PayPal Holdings, Inc. or eBay, Inc., including the
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action captioned Silverman v. Schulman, et al., Case No. 5:17-cv-00162-HRL (N.D. Cal., filed on
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Jan. 12, 2017). Although any such shareholder derivative action may be deemed related to this
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action, it shall not be consolidated with this action.
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MASTER DOCKET AND CAPTION
6.
The docket in Civil Action No. 3:16-cv-07371 shall constitute the Master Docket
for this action.
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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
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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In re PAYPAL HOLDINGS, INC. SECURITIES
LITIGATION
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Master File No.
3:16-cv-07371
_____________________________________
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This Document Relates To:
_____________________________________
CLASS ACTION
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8.
The file in Civil Action No. 3:16-cv-07371 shall constitute a Master File for every
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action in the consolidated action. When the document being filed pertains to all actions, the
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phrase “All Actions” shall appear immediately after the phrase “This Documents Relates To.”
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When a pleading applies only to some, not all, of the actions, the document shall list, immediately
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after the phrase “This Documents Relates To:”, the docket number for each individual action to
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which the document applies, along with the last name of the first-listed plaintiff in said action.
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PLEADINGS AND MOTIONS
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9.
Defendants acknowledge that they have been properly served with the summons
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and complaint in this action. Defendants are not required to respond to the instant complaint, or
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to any complaint in any action consolidated into this action, until the lead plaintiff and lead
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plaintiff’s counsel have been designated pursuant to 15 U.S.C. §78u 4(a)(3)(B), and have filed a
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Consolidated Complaint. The Consolidated Complaint shall supersede all complaints filed in any
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of the actions consolidated herein.
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10.
Lead plaintiff’s counsel shall have authority to speak for, and enter into
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agreements on behalf of, plaintiffs in all matters regarding pretrial procedures, discovery, and
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settlement negotiations. Defendants’ counsel may rely upon agreements made with lead
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plaintiff’s counsel and such agreements shall be binding on all plaintiffs.
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-3OHSUSA:766326691.1
STIPULATION AND [PROPOSED] ORDER
REGARDING RELATED CASES AND CONTINUING
DATE UPON WHICH RESPONSIVE PLEADING IS DUE
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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.
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Defendants’ time to respond to the Consolidated Complaint shall be within forty-
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five (45) days from the date on which all defendants are served with the Consolidated Complaint,
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unless otherwise agreed upon by the parties. If defendants file any motions directed at the
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Consolidated Complaint, the opposition shall be filed within forty-five (45) days from the date on
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which lead plaintiff is served with such motions directed at the Consolidated Complaint, and any
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reply briefs shall be filed within thirty (30) days from the date on which all defendants are served
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with the opposition, unless otherwise agreed upon by the parties.
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Dated: January 26, 2017
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JAMES N. KRAMER
ALEXANDER K. TALARIDES
SUZETTE J. PRINGLE
Orrick, Herrington & Sutcliffe LLP
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/s/ Alexander K. Talarides
ALEXANDER K. TALARIDES
Attorneys for Defendants
PayPal Holdings, Inc., Daniel H. Schulman, John D.
Rainey, and Patrick L.A. Dupuis
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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.
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Dated: January 26, 2017
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JOHN C. DWYER
JESSICA VALENZUELA SANTAMARIA
COOLEY LLP
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/s/ Jessica Valenzuela Santamaria
JESSICA VALENZUELA SANTAMARIA
Attorney for Defendants
eBay Inc., John J. Donahoe, and Robert H. Swan
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-4OHSUSA:766326691.1
STIPULATION AND [PROPOSED] ORDER
REGARDING RELATED CASES AND CONTINUING
DATE UPON WHICH RESPONSIVE PLEADING IS DUE
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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.
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Dated: January 26, 2017
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JENNIFER PAFITI
JEREMY A. LIEBERMAN
J. ALEXANDER HOOD II
MARC GORRIE
PATRICK V. DAHLSTROM
POMERANTZ LLP
PERETZ BRONSTEIN
BRONSTEIN, GEWIRTZ & GROSSMAN, LLC
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/s/ J. Alexander Hood II
J. ALEXANDER HOOD II
Attorneys for Individual and Representative Plaintiff
Sheck Kwai Cho
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***
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ORDER
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Based on the stipulation of the signed parties, and good cause appearing, IT IS HEREBY
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ORDERED that the Stipulation is approved.
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It is so ORDERED.
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2/2/17
DATED: _______________________
THE HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE
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-5OHSUSA:766326691.1
STIPULATION AND [PROPOSED] ORDER
REGARDING RELATED CASES AND CONTINUING
DATE UPON WHICH RESPONSIVE PLEADING IS DUE
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