Hakimi v. Passport Capital LLC et al
Filing
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Order by Hon. William Alsup granting 30 Stipulation.(whalc1, COURT STAFF) (Filed on 7/14/2017)
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FOLGER LEVIN LLP
Roger B. Mead (CSB No. 093251, rmead@folgerlevin.com)
199 Fremont Street, 20th Floor
San Francisco, CA 94105
Telephone: 415.625.1050
Facsimile: 415.625.1091
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SCHULTE ROTH & ZABEL LLP
Minji Reem (Pro Hac Vice, minji.reem@srz.com)
Michael Swartz (Pro Hac Vice, michael.swartz@srz.com)
Randall Adams (Pro Hac Vice, randall.adams@srz.com)
919 Third Avenue
New York, NY 10022
Telephone: 212.756.2000
Facsimile: 212.593.5955
Attorneys for Defendants
PASSPORT CAPITAL, LLC,
PASSPORT HOLDINGS, LLC,
PASSPORT SPECIAL OPPORTUNITIES MASTER FUND, L.P., and
JOHN H. BURBANK ill.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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Case No. 3:17-cv-02448-WHA
TODD HAKIMI,
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Plaintiff,
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AMENDED STIPULATION AND
[PROPOSED] SCHEDULING ORDER
v.
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PASSPORT CAPITAL, LLC,
PASSPORT HOLDINGS, LLC,
PASSPORT SPECIAL
OPPORTUNITIES MASTER FUND,
L.P., and JOHN H. BURBANK Ill,
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Defendants,
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and
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HORTONWORK.S, INC.,
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Nominal Defendant.
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FOLGER LEVIN LLP
A 'ITOKNB'rS AT LAW
STIPULATION AND [PROPOSED] SCHEDULING
ORDER; CASE NO. 3:17-CV-02448-WHA
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IT IS HEREBY STIPULATED by and between Plaintiff TODD HAKIMI ("Plaintiff'),
through his attorneys of record, Defendants PASSPORT CAPITAL, LLC, PASSPORT
HOLDINGS, LLC, PASSPORT SPECIAL OPPORTUNITIES MASTER FUND, L.P., and
JOHN H. BURBANK III, and Nominal Defendant HORTONWORKS, INC. (collectively
referred to as the "Parties"), through their attorneys of record, as follows:
WHEREAS, the Parties filed a Stipulation and Proposed Scheduling Order on July 13,
2017 (Dkt. No. 22) (the "Proposed Order'') requesting that the Court approve an enlarged briefing
schedule and modified deadlines;
WHEREAS, on July 14, 2017 the Court issued an Order denying the Proposed Order
(Dkt. No. 26) (the "Order'') noting that, "[i]f, pursuant to Civil Local Rule 6-l(a), the parties
stipulate to enlarge the time within which to respond to the complaint, their briefmg schedule
shall comply with Civil Local Rules 7-2 and 7-3";
WHEREAS, the Parties submit this Amended Stipulation and Proposed Order amending
the proposed briefing schedule to comply with Civil Local Rules 7-2 and 7-3;
WHEREAS, all defendants other than nominal defendant Hortonworks, Inc. (the "Moving
Defendants") anticipate filing a motion to dismiss the Complaint (the "Motion") and the Parties
anticipate briefmg with respect to the Motion;
WHEREAS, the deadline for the Moving Defendants to bring the Motion is July 17, 2017,
which is the original deadline that has not yet been extended or modified;
WHEREAS, certain parties are engaged in settlement discussions which may bring
resolution to this matter and obviate the need for the Motion or further litigation;
NOW, THEREFORE, the Parties have agreed, subject to Court approval, to the following
deadlines:
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The Moving Defendants shall move to dismiss the Complaint by August 31, 2017;
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Plaintiff shall file any opposition by September 14,2017, and the Moving
Defendants shall file any reply by September 21,2017.
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Nominal defendant Hortonworks, Inc. shall not be required to answer, move or
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FOLGER LEVIN LLP
A 'ITOKNB'rS AT LAW
-1-
STIPULATION AND [PROPOSED] SCHEDULING
ORDER; CASE NO. 3:17-CV-02448-WHA
the motion to dismiss
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otherwise respond to the Complaint until any Motion brought by the Moving Defendants is
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resolved and the deadline shall be on the first day that any Moving Defendant is thereafter
required to answer or otherwise respond to the Complaint.
The Parties respectfully request that the Court approve the schedule set forth above.
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PURSUANT TO STIPULATION IT IS SO ORDERED.
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Dated: July 14, 2017.
________________________________
William Alsup
UNITED STATES DISTRICT JUDGE
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FOLGER LEVIN LLP
A 'ITOKNB'rS AT LAW
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STIPULATION AND [PROPOSED] SCHEDULING
ORDER; CASE NO. 3:17-CV-02448-WHA
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SCHULTE ROTH & ZABEL LLP
Dated: July 14, 2017
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Is/ Minji Reem
MinjiReem
Attorneys for Defendants
PASSPORT CAPITAL, LLC, PASSPORT
HOLDINGS, LLC, PASSPORT SPECIAL
OPPORTUNITIES MASTER FUND, L.P., and JOHN
H. BURBANK III.
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Dated: July 14, 2017
GLENN OSTRAGER
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Is/ Glenn Ostrager
Glenn Ostrager
Attorney for Plaintiff
TODDHAKIMI
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MORRISON & FOERSTER LLP
Dated: July 14, 2017
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Is/ Anna E. White
Anna E. White
Attorneys for Defendant
HORTONWORK.S, INC.
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I, Minji Reem, am the ECF User whose ID and password are being used to file this Stipulation.
In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that I have on file the concurrences
for any signatures indicated by a "conformed" signature (/sf) within this e-filed document.
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Dated: July 14, 2017
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Is/ Minji Reem
MinjiReem
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FOLGER LEVIN LLP
A 'ITOKNB'rS AT LAW
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STIPULATION AND [PROPOSED] SCHEDULING
ORDER; CASE NO. 3:17-CV-02448-WHA
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