Park v. GoPro, Inc. et al

Filing 66

STIPULATION AND ORDER re 63 Setting Schedule for Filing Response to Consolidated Complaint and Continuing Case Management Conference and Associated Deadlines filed by GoPro, Inc., Nicholas Woodman, Brian McGee. Case Management Statement due by 9/13/2018. Further Case Management Conference set for 9/20/2018 01:30 PM in San Francisco, Courtroom 05, 17th Floor. Signed by Judge Edward M. Chen on 5/11/18. (bpfS, COURT STAFF) (Filed on 5/11/2018)

1
2
3
4
5
6
7
8
9

SUSAN S. MUCK (CSB No. 126930)
[e-mail]
CATHERINE D. KEVANE (CSB No. 215501)
[e-mail]
MARIE C. BAFUS (CSB No. 258417)
[e-mail]
VINCENT BARREDO (CSB No. 275518)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone:
415.875.2300
Facsimile:
415.281.1350
Attorneys for Defendants GoPro, Inc., Nicholas D.
Woodman and Brian T. McGee
UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

SAN FRANCISCO

12
ATTORNEYS AT LAW

F ENWICK & W EST LLP

11

13
14

JONG MIN PARK, Individually and on Behalf
of All Others Similarly Situated,

15

Plaintiff,

16
17
18
19

v.
GOPRO, INC., NICHOLAS D. WOODMAN
AND BRIAN T. MCGEE,
Defendants.

Master File No.: 3:18-cv-00193-EMC
CLASS ACTION
(modified)

STIPULATION AND [PROPOSED]
ORDER SETTING SCHEDULE FOR
FILING RESPONSE TO
CONSOLIDATED COMPLAINT AND
CONTINUING CASE MANAGEMENT
CONFERENCE AND ASSOCIATED
DEADLINES
Date Action Filed: January 11, 2018

20
21
22
23
24
25
26
27
28
STIP. AND [PROP.] ORDER

Master File No.: 3:18-cv-00193-EMC

1

WHEREAS, this action is a proposed class action alleging violations of the federal

2

securities laws against GoPro, Inc. (“GoPro” or the “Company”), Nicholas Woodman and Brian

3

McGee (collectively, “Defendants”);

4

WHEREAS, pursuant to the Private Securities Litigation Reform Act of 1995, Pub. L. No.

5

104-67, 109 Stat. 737 (1995) (the “Reform Act”), which sets forth specialized procedures for the

6

administration of securities class actions, on April 19, 2018, this Court issued a Minute Order

7

conditionally appointing Lead Plaintiffs and Lead Counsel and ordering that the Consolidated

8

Amended Complaint be filed within 60 days (i.e., June 18, 2018) (Dkt. No. 58);

9
10

Wiegand and Michael Birlenbach as Lead Plaintiffs (Dkt. No. 62);
WHEREAS, following appointment of Lead Plaintiffs and their counsel, the parties have

SAN FRANCISCO

12
ATTORNEYS AT LAW

F ENWICK & W EST LLP

11

WHEREAS, on April 26, 2018 the Court gave final approval of the appointment of Julie

met and conferred and agreed on a schedule for Defendants’ responses to the Consolidated

13

Amended Complaint;

14

WHEREAS, pursuant to the proposed briefing schedule, the parties respectfully submit

15

that good cause exists to vacate the July 12, 2018 initial case management conference and

16

associated ADR deadlines until such time as the Court has the opportunity to rule on Defendants’

17

anticipated motion to dismiss; and

18
19
20

IT IS ACCORDINGLY STIPULATED, pursuant to Civil L.R. 7-12, by and between the
undersigned counsel for the parties, that:
1.

Defendants shall answer, move or otherwise respond to the Consolidated Amended
12

21
22

Complaint on or before August 17, 2018;
2.

In the event that Defendants file a motion to dismiss, Lead Plaintiffs shall file an
August 23,

23

opposition to the motion on or before October 1, 2018;
September 6

24
25

3.

Defendants shall file any reply on or before November 1, 2018;

4.

Defendants’ anticipated motion to dismiss shall be noticed for hearing on

September 20

26
27
28

December 6, 2018 at 1:30 p.m.; and
5.

Pursuant to Civil L.R. 16-2, the initial case management conference scheduled for

July 12, 2018 shall be vacated, along with any associated deadlines under the Federal Rules of
STIP. AND [PROP.] ORDER

1

Master File No.: 3:18-cv-00193-EMC

September 20, 2018 at 1:30 p.m.

1

Civil Procedure and Local Rules, to be rescheduled for a date after the Court rules on Defendants’

2

anticipated motion to dismiss, as the Court determines to be appropriate; and all associated ADR

3

Multi-Option Program deadlines likewise be deferred.

4
5
6

6.

Neither Plaintiffs nor Defendants waive their rights to seek from each other or the

Court adjournments or extensions of the above deadlines.
Dated: May 2, 2018

7

By: /s/ Catherine D. Kevane
Catherine D. Kevane

8

Attorneys for Defendants GoPro, Inc., Nicholas D.
Woodman and Brian T. McGee

9
10

Dated: May 2, 2018

Co-Lead Counsel for Lead Plaintiffs Julie Wiegand and
Michael Birlenbach

13
Dated: May 2, 2018

15

POMERANTZ LLP
By: /s/ Leigh H. Smollar
Leigh H. Smollar

16

Co-Lead Counsel for Lead Plaintiffs Julie Wiegand and
Michael Birlenbach

17
18

Pursuant to Civil Local Rule 5-1(i)(3), all signatories concur in filing this stipulation.

20 Dated: May 2, 2018
21

***

22
23

[PROPOSED] ORDER
(modified)

Dated:

May 11, 2018

DERED

The Honorable Edward O ORIFIED
IT IS S M. Chen
AS Judge
United States DistrictMOD

27

ard M.

NO

28

RT

2

ER

H

STIP. AND [PROP.] ORDER

dw
Judge E

R NIA

26

ISTRIC
ES D
TC
AT
T

RT
U
O

S

25

Chen

FO

PURSUANT TO STIPULATION, IT IS SO ORDERED.

LI

24

By: /s/ Catherine D. Kevane
Catherine D. Kevane

A

19

UNIT
ED

SAN FRANCISCO

THE ROSEN LAW FIRM, P.A.
By: /s/ Jacob Goldberg
Jacob Goldberg

12
ATTORNEYS AT LAW

F ENWICK & W EST LLP

11

14

FENWICK & WEST LLP

C

N
Master File No.: 3:18-cv-00193-EMC
OF
D

IS T RIC T