Mazzaferro v. Aruba Networks Inc et al

Filing 57

ORDER REQUIRING ADDITIONAL INFORMATION; CONTINUING HEARING SCHEDULED FOR SEPTEMBER 3, 2013; AND REQUESTING PERSPECTIVES RE PENDING PRO HAC VICE APPLICATIONS. Set/Reset Deadlines as to 38 MOTION to Appoint Lead Plaintiff and Lead Counsel < /i>, 23 MOTION to Appoint Lead Plaintiff and Lead Counsel , 15 MOTION to Appoint Lead Plaintiff and Lead Counsel (1) Appointment as Lead Plaintiff and (2) Approval of Selection of Lead Counsel; Memorandum of Points and Authorities in Support Thereof, 26 MOTION to Appoint Lead Plaintiff and Lead Counsel . Motion Hearing set for 9/3/2013 is CONTINUED TO 9/10/2013 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 8/29/2013. (fs, COURT STAFF) (Filed on 8/29/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PAUL MAZZAFERRO, Individually and On
Behalf of All Others Similarly Situated,
Plaintiffs,

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United States District Court
Northern District of California

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vs.
ARUBA NETWORKS, INC., DOMINIC P.
ORR, MICHAEL M. GALVIN, and KEERTI
MELKOTE,

Case No.: 13-cv-02342-YGR
ORDER REQUIRING ADDITIONAL
INFORMATION FROM GOLD BENNETT CERA
& SIDENER LLP AND CERTIFICATION FROM
PAR INVESTMENT PARTNERS, L.P.;
CONTINUING HEARING SCHEDULED FOR
SEPTEMBER 3, 2013; AND REQUESTING
PERSPECTIVES REGARDING PENDING PRO
HAC VICE APPLICATIONS

Defendants.

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Six motions to appoint lead plaintiff and lead counsel were filed with the Court. (Dkt. Nos.

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15, 16, 23, 26, 33 & 38.) The motions filed by (i) John Wheeler, Erhan Erdem, and Obie Nevels

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(The Aruba Investor Group) and (ii) Employees’ Retirement System of the Government of the

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Virgin Islands and District No. 9, I.A. of M. & A.W. Pension Trust (Pension Funds) have been

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withdrawn. (See Dkt. Nos. 44 & 53, respectively.) As such, this Order terminates Dkt. Nos. 16 &

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33.

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Two proposed lead plaintiffs filed non-oppositions to all of the competing motions. (See

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Dkt. No. 45 [filed by Construction Laborers Pension Trust of Greater St. Louis] and Dkt. No. 43

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[filed by Oklahoma Law Enforcement Retirement System and Oklahoma Firefighters Pension and

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Retirement System].) The Arkansas Teacher Retirement System filed a non-opposition to PAR

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Investment Partners, L.P.’s motion. (Dkt. No. 47.)

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The Court hereby ORDERS that proposed lead counsel for PAR Investment Partners, L.P.,

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Gold Bennett Cera & Sidener LLP (“Gold Bennett”), provide additional information to the Court

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regarding its experience and expertise in securities litigation. The information shall include

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substantiation of Gold Bennett’s “long history of prosecuting cases such as this case.” Gold

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Bennett shall also identify which attorneys will be principally responsible on this matter.

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In addition, the Court ORDERS PAR Investment Partners, L.P. to provide a certification that
complies with Civ. L.R. 3-7(c).

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The hearing scheduled for September 3, 2013 is hereby CONTINUED to September 10, 2013

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at 2:00 p.m. The additional information from Gold Bennett and certification from PAR Investment

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United States District Court
Northern District of California

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Partners shall be filed by September 3, 2013.
Finally, the Court notes that motions for leave to appear pro hac vice have been filed by two

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attorneys representing The Arkansas Teacher Retirement System. The Court requests the

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perspectives of proposed lead plaintiffs, if any, on whether it is necessary to allow pro hac

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admission of counsel in light of The Arkansas Teacher Retirement System’s non-opposition to

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PAR Investment Partner’s motion. Such information shall be filed by September 3, 2013.

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This Order terminates Dkt. Nos. 16 & 33.

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IT IS SO ORDERED.

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Dated: August 29, 2013

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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