Silverman v. Schulman et al

Filing 37

STIPULATION AND ORDER RE 35 Modifying Briefing Schedule for Motion to Dismiss. Signed by Judge Richard Seeborg on 11/8/17. (cl, COURT STAFF) (Filed on 11/8/2017)

1 ROBBINS ARROYO LLP
BRIAN J. ROBBINS (190264)
2 FELIPE J. ARROYO (163803)
SHANE P. SANDERS (237146)
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SCOTT F. TEMPLETON (246872)
4 600 B Street, Suite 1900
San Diego, CA 92101
5 Telephone: [phone]
Facsimile: [phone]
6 E-mail: brobbins@ robbinsarroyo.com
farroyo@ robbinsarroyo.com
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[e-mail]
[e-mail]
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9 Co-Lead Counsel for Plaintiffs
[Additional Counsel on Signature Page]
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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IN RE PAYPAL HOLDINGS, INC.
SHAREHOLDER DERIVATIVE
LITIGATION

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Lead Case No. 3:17-cv-00162-RS
(Consolidated with Nos. 3:17-cv-02206;
3:17-cv-02428; and 5:17-cv-02446)

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This Document Relates To:

STIPULATION AND [PROPOSED]
ORDER MODIFYING BRIEFING
SCHEDULE FOR MOTION TO DISMISS

ALL ACTIONS.
Hon. Richard Seeborg
Courtroom 3, 17th Floor

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STIPULATION & [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE FOR MOTION TO DISMISS

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WHEREAS, on July 31, 2017, in accordance with the Court's June 30, 2017, Consolidation

2 Order, Plaintiffs designated the complaint filed in Liss v. Schulman, et al., Case No. 5:17-cv-024463
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as the operative complaint in this Consolidated Derivative Action (the "Operative Complaint");
WHEREAS, on September 28, 2017, nominal defendant PayPal Holdings, Inc. ("PayPal")

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filed a motion to dismiss Plaintiffs' Operative Complaint ("MTD"), along with a request for judicial
notice in support thereof ("RJN");
WHEREAS, pursuant to the Consolidation Order, the deadline for Plaintiffs to file

9 response(s) to PayPal's MTD and RJN is November 13, 2017;
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WHEREAS, the parties have conferred regarding the current briefing schedule for Plaintiffs'
response(s) to PayPal's MTD and RJN and, in light of certain unanticipated scheduling issues on the

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part of Plaintiffs' counsel, have agreed to a short extension of time for Plaintiffs' response(s); and
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WHEREAS, should the Court not enter an order consistent with this stipulation, defendants

15 will not argue that Plaintiffs failed to timely file their response brief(s), to the extent Plaintiffs are
16 relying on the parties' agreement in this stipulation;
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NOW, THEREFORE, the undersigned parties hereby stipulate and agree, and respectfully

18 request that the Court enter an order as follows:
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1.

Plaintiffs' response(s) to PayPal's MTD and RJN shall be filed no later than

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November 16, 2017.
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2.

PayPal's reply brief(s) shall be filed no later than December 7, 2017.

3.

The hearing on PayPal's MTD shall remain set for December 14, 2017.

24 Dated: November 8, 2017
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ROBBINS ARROYO LLP
BRIAN J. ROBBINS
FELIPE J. ARROYO
SHANE P. SANDERS
SCOTT F. TEMPLETON

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/s/ Shane P. Sanders
SHANE P. SANDERS

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STIPULATION & [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE FOR MOTION TO DISMISS

600 B Street, Suite 1900
San Diego, CA 92101
Telephone: [phone]
Facsimile [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]
[e-mail]

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PROFY PROMISLOFF & CIARLANTO, P.C.
JEFFREY J. CIARLANTO
JOSEPH M. PROFY
DAVID M. PROMISLOFF
100 N. 22nd Street, Unit 105
Philadelphia, PA 19103
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]

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Co-Lead Counsel for Plaintiffs

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ORRICK, HERRINGTON & SUTCLIFFE LLP
JAMES N. KRAMER
ALEXANDER K. TALARIDES
SUZETTER J. PRINGLE

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/s/ Alexander K. Talarides
ALEXANDER K. TALARIDES

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The Orrick Building
405 Howard Street
San Francisco, CA
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]

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Counsel for Defendants

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-2STIPULATION & [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE FOR MOTION TO DISMISS

SIGNATURE ATTESTATION

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I, Shane P. Sanders, am the ECF user whose identification and password are being used to
file the foregoing Stipulation and [Proposed] Order Modifying Briefing Schedule for Motion to
Dismiss. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that concurrence in the filing of this

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document has been obtained.
Dated: November 8, 2017

/s/ Shane P. Sanders
SHANE P. SANDERS

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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. The hearing is hereby continued to 12/21/2017 at 1:30 pm.
It is so ORDERED.

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17 DATED: ________________________
11/8/17
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______________________________________
THE HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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-3STIPULATION & [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE FOR MOTION TO DISMISS