Hakimi v. Passport Capital LLC et al

Filing 31

Order by Hon. William Alsup granting 30 Stipulation.(whalc1, COURT STAFF) (Filed on 7/14/2017)

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1 2 3 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 4 5 6 7 8 9 10 11 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. 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 15 Case No. 3:17-cv-02448-WHA TODD HAKIMI, 16 Plaintiff, 17 AMENDED STIPULATION AND [PROPOSED] SCHEDULING ORDER v. 18 19 20 PASSPORT CAPITAL, LLC, PASSPORT HOLDINGS, LLC, PASSPORT SPECIAL OPPORTUNITIES MASTER FUND, L.P., and JOHN H. BURBANK Ill, 21 Defendants, 22 and 23 HORTONWORK.S, INC., 24 Nominal Defendant. 25 26 27 28 FOLGER LEVIN LLP A 'ITOKNB'rS AT LAW STIPULATION AND [PROPOSED] SCHEDULING ORDER; CASE NO. 3:17-CV-02448-WHA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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: 1. The Moving Defendants shall move to dismiss the Complaint by August 31, 2017; 2. Plaintiff shall file any opposition by September 14,2017, and the Moving Defendants shall file any reply by September 21,2017. 3. Nominal defendant Hortonworks, Inc. shall not be required to answer, move or 28 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 1 otherwise respond to the Complaint until any Motion brought by the Moving Defendants is 2 3 4 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. 5 6 PURSUANT TO STIPULATION IT IS SO ORDERED. 7 8 9 Dated: July 14, 2017. ________________________________ William Alsup UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FOLGER LEVIN LLP A 'ITOKNB'rS AT LAW -2- STIPULATION AND [PROPOSED] SCHEDULING ORDER; CASE NO. 3:17-CV-02448-WHA 1 SCHULTE ROTH & ZABEL LLP Dated: July 14, 2017 2 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. 3 4 5 6 7 Dated: July 14, 2017 GLENN OSTRAGER 8 Is/ Glenn Ostrager Glenn Ostrager Attorney for Plaintiff TODDHAKIMI 9 10 11 MORRISON & FOERSTER LLP Dated: July 14, 2017 12 Is/ Anna E. White Anna E. White Attorneys for Defendant HORTONWORK.S, INC. 13 14 16 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. 17 Dated: July 14, 2017 15 Is/ Minji Reem MinjiReem 18 19 20 21 22 23 24 25 26 27 28 FOLGER LEVIN LLP A 'ITOKNB'rS AT LAW -3- STIPULATION AND [PROPOSED] SCHEDULING ORDER; CASE NO. 3:17-CV-02448-WHA

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