Cooper v. Thoratec Corporation et al

Filing 21

ORDER by Judge Claudia Wilken Granting 11 Motion to Appoint Lead Plaintiff and Lead Counsel. (ndr, COURT STAFF) (Filed on 4/21/2014)

1
2
3
4
5
6
7
8
9
10
11
12
13
14

Lionel Z. Glancy (SBN #134180)
Michael Goldberg (SBN #188669)
GLANCY BINKOW & GOLDBERG LLP
1925 Century Park East, Suite 2100
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Jeremy A. Lieberman
Matthew L. Tuccillo
Lesley F. Portnoy
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, New York 10016
Telephone: [phone]
Facsimile: [phone]
Patrick V. Dahlstrom
POMERANTZ LLP
Ten South La Salle Street, Suite 3505
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: [phone]

15
16

Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

17
18
19

BRADLEY COOPER, Individually and On
Behalf of All Others Similarly Situated,

20

Plaintiffs,

21
22
23
24
25

v.
THORATEC CORPORATION, GERHARD F.
BURBACH, TAYLOR C. HARRIS, and
ROXANNE OULMAN,

Case No. 4:14-cv-00360-CW
[PROPOSED] ORDER
DATE: May 1, 2014
TIME: 2:00 p.m.
JUDGE: Honorable Claudia Wilken
CTRM: 2 − 4th Floor

Defendants.

26
27
28
PROPOSED ORDER
Case No. 4:14-cv-00360-CW

1
2
3

WHEREAS, the Court has considered the competing motions for Appointment of Lead
Plaintiff and Approval of Lead Counsel,
IT IS HEREBY ORDERED THAT:

4

APPOINTING LEAD PLAINTIFF AND
APPROVAL OF SELECTION OF LEAD AND LIAISON COUNSEL

5
6
7
8

1.

Having reviewed all pending Motions and accompanying Memoranda of Law, the Court

hereby appoints Bradley Cooper as Lead Plaintiff. Lead Plaintiff satisfies the requirements for Lead
Plaintiff pursuant to Section 21D(a)(3)(B)(iii) of the PSLRA.

9
10

2.

Lead Plaintiff, pursuant to Section 21D(a)(3)(B)(v) of the PSLRA, has selected and

11

retained the law firm of Pomerantz LLP as Lead Counsel and Glancy Binkow & Goldberg as Liaison

12

Counsel in this consolidated action, and the Court hereby approves these selections.

13
14
15

3.

Plaintiffs’ Lead Counsel shall have the following responsibilities and duties, to be

carried out either personally or through counsel whom Lead Counsel shall designate:
(a)

to coordinate the briefing and argument of motions;

(b)

to coordinate the conduct of discovery proceedings;

18

(c)

to coordinate the examination of witnesses in depositions;

19

(d)

to coordinate the selection of counsel to act as a spokesperson at pretrial
conferences;

(e)

to call meetings of the plaintiff’s counsel as they deem necessary and appropriate
from time to time;

(f)

to coordinate all settlements negotiations with counsel for defendants;

(g)

to coordinate and direct the pretrial discovery proceedings and the preparation for
trial and the trial of this matter and to delegate work responsibilities to selected
counsel as may be required; and

(h)

to supervise any other matters concerning the prosecution, resolution or
settlement of the Consolidated Action.

16
17

20
21
22
23
24
25
26
27
28

PROPOSED ORDER
Case No. 4:14-cv-00360-CW
1

1

4.

No motion, request for discovery, or other pretrial proceedings shall be initiated or filed

2

by any plaintiff without the approval of Lead Counsel, so as to prevent duplicative pleadings or

3

discovery by plaintiffs. No settlement negotiations shall be conducted without the approval of Lead

4

Counsel.

5

5.

Counsel in any related action that is consolidated with this action shall be bound by this

6
7
8
9
10
11
12
13
14

organization of plaintiffs’ counsel.
6.

Lead Counsel shall have the responsibility of receiving and disseminating Court orders

and notices.
7.

Lead Counsel shall be the contact between plaintiffs’ counsel and defendants’ counsel,

as well as the spokesperson for plaintiffs’ counsel, and shall direct and coordinate the activities of
plaintiffs’ counsel.
8.

Defendants shall effect service of papers on plaintiffs by serving a copy of same on Lead

15

Counsel by overnight mail service, electronic or hand delivery. Plaintiffs shall effect service of papers

16

on defendants by serving a copy of same on defendants’ counsel by overnight mail service, electronic

17
18
19
20

or hand delivery.
9.

During the pendency of this litigation, or until further order of this Court, the parties

shall take reasonable steps to preserve all documents within their possession, custody, or control,

21

including computer-generated and stored information, and materials such as computerized data and

22

electronic mail, containing information which is relevant or which may lead to the discovery of

23

information relevant to the subject matter of the pending litigation.

24
25
26
27
28
PROPOSED ORDER
Case No. 4:14-cv-00360-CW
2

1

SO ORDERED.

2
3

April 21, 2014
Dated: _________________, 2014

4
5
6
7

_________________________________
Honorable Claudia Wilken
United States District Judge
Northern District of California

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PROPOSED ORDER
Case No. 4:14-cv-00360-CW
3