Silverman v. Schulman et al

Filing 39

STIPULATION AND ORDER RE 38 REGARDING BRIEFING SCHEDULE FOR MOTIONS TO DISMISS. Signed by Judge Richard Seeborg on 11/13/17. (cl, COURT STAFF) (Filed on 11/13/2017)

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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. BARNES (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 9 10 Attorneys for Nominal Defendant PayPal Holdings, Inc. and Individual Defendants Daniel H. Schulman, John D. Rainey, Patrick L.A. Dupuis, Wences Casares, Jonathan Christodoro, John J. Donahoe, David W. Dorman, Gail J. McGovern, David M. Moffett, Pierre M. Omidyar and Frank D. Yeary 11 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 15 16 IN RE PAYPAL HOLDINGS, INC. SHAREHOLDER DERIVATIVE LITIGATION (Consolidated with No. 3:17-cv-02206-RS; 3:17cv-02428-RS; and 5:17-cv-02446-RS) 17 18 19 20 21 Lead Case No. 3:17-cv-00162-RS This Document Relates To: ALL ACTIONS STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE FOR MOTIONS TO DISMISS Hon. Richard Seeborg Courtroom 3, 17th Floor 22 23 24 25 26 27 28 STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE FOR MOTIONS TO DISMISS - (LEAD CASE NO. 5:17-CV-000162-RS) 1 WHEREAS, on July 31, 2017, in accordance with the Court’s June 30, 2017 2 Consolidation Order, Plaintiffs designated the complaint filed in Liss v. Schulman, et al., Case 3 No. 5:17-cv-02446 as the operative complaint in this Consolidated Derivative Action (the 4 “Operative Complaint”). 5 6 WHEREAS, on September 28, 2017, nominal defendant PayPal Holdings, Inc. (“PayPal”) filed a motion to dismiss Plaintiffs’ Operative Complaint (“Motion to Dismiss”); 7 8 WHEREAS, on September 29, 2017, the Court advanced the hearing on PayPal’s Motion to Dismiss from January 25, 2018 to December 14, 2017; 9 WHEREAS, pursuant to the Consolidation Order, the deadline for Plaintiffs to file 10 response(s) to PayPal’s Motion to Dismiss was November 13, 2017, and the deadline for PayPal’s 11 reply brief(s) was December 4, 2017; 12 WHEREAS, on November 8, 2017, the Court entered an order approving a stipulation 13 extending the deadline for Plaintiffs to file their opposition to PayPal’s Motion to Dismiss to 14 November 16, 2017, and the deadline for PayPal to file its reply brief to December 7, 2017; 15 WHEREAS, as a result of the extension of the briefing schedule, the Court continued the 16 hearing on PayPal’s Motion to Dismiss from December 14, 2017 to December 21, 2017 at 1:30 17 PM; 18 WHEREAS, PayPal’s counsel is unavailable for a hearing on December 21, 2017; 19 WHEREAS, the parties have conferred regarding the date for the hearing on PayPal’s 20 Motion to Dismiss, and in light of PayPal’s counsel’s unavailability on December 21, 2017, have 21 agreed to reschedule the deadline for PayPal’s reply brief to December 4, 2017, and advance the 22 hearing on PayPal’s Motion to Dismiss to December 14, 2017 at 2:30 PM, as previously 23 scheduled prior to the stipulation extended the briefing schedule; 24 25 NOW, THEREFORE, the undersigned parties hereby stipulate and agree, and respectfully request, that the Court enter an order as follows: 26 1. PayPal’s reply brief(s) shall be filed no later than December 4, 2017; 27 2. The hearing on PayPal’s MTD shall be advanced from December 21, 2017 at 1:30 28 PM to December 14, 2017 at 2:30 PM. STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE FOR MOTIONS TO DISMISS - (LEAD CASE NO. 5:17-CV-000162-RS) 1 2 Dated: November 10, 2017 3 JAMES N. KRAMER ALEXANDER K. TALARIDES SUZETTE J. BARNES Orrick, Herrington & Sutcliffe LLP 4 /s/ Alexander K. Talarides ALEXANDER K. TALARIDES 5 Attorneys for Nominal Defendant PayPal Holdings, Inc., and Individual Defendants Daniel H. Schulman, John D. Rainey, Patrick L.A. Dupuis, Wences Casares, Jonathan Christodoro, John J. Donahoe, David W. Dorman, Gail J. McGovern, David M. Moffett, Pierre M. Omidyar and Frank D. Yeary 6 7 8 9 10 11 12 I, Alexander K. Talarides, am the ECF user whose ID and password are being used to file this Stipulation and [Proposed] Order Regarding Briefing Schedule for Motions to Dismiss. In compliance with General Order 45, X.B., I hereby attest that Shane P. Sanders has concurred in this filing. 13 14 15 16 17 Dated: November 10, 2017 BRIAN J. ROBBINS FELIPE J. ARROYO SHANE P. SANDERS SCOTT F. TEMPLETON ROBBINS ARROYO LLP 18 /s/ Shane P. Sanders Shane P. Sanders 19 20 21 Counsel for Plaintiffs Steve Sims and Edith Liss and Co-Lead Counsel for All Plaintiffs 22 23 24 25 26 27 28 -1- STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE FOR MOTIONS TO DISMISS - (LEAD CASE NO. 5:17-CV-000162-RS) 1 *** 2 ORDER 3 Based on the stipulation of the signed parties, and good cause appearing, IT IS HEREBY 4 ORDERED that the Stipulation is approved. 5 It is so ORDERED. 6 7 8 9 10 11/13/17 DATED: _______________________ THE HONORABLE RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE FOR MOTIONS TO DISMISS - (LEAD CASE NO. 5:17-CV-000162-RS)

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