Soontjens v. Dynavax Technologies Corporation et al

Filing 40

ORDER CONSOLIDATING RELATED ACTIONS, APPOINTING LEAD PLAINTIFF AND LEAD COUNSEL by Judge Yvonne Gonzalez Rogers; granting (29) Motion to Appoint Lead Plaintiff and Lead Counsel ; granting (29) Motion to Consolidate Cases in cases 4:16-cv-06690-YGR and 4:16-cv-6707-YGR. The docket in Case 4:16-cv-6690-YGR shall constitute the Master Docket for this action. The Rosen Law Firm P.A. is appointed as Lead Counsel. (fs, COURT STAFF) (Filed on 1/31/2017)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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DAVID SOONTJENS, INDIVIDUALLY
AND ON BEHALF OF ALL OTHERS
SIMILARLY SITUATED,
Plaintiff,
v.
DYNAVAX TECHNOLOGIES
CORPORATION, EDDIE GRAY, and
MICHAEL S. OSTRACH,
Defendants.

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MICHAEL SHUMAKE, INDIVIDUALLY
AND ON BEHALF OF ALL OTHERS
SIMILARLY SITUATED,
Plaintiff,
v.
DYNAVAX
TECHNOLOGIES
CORPORATION, EDDIE GRAY, and
MICHAEL S. OSTRACH,
Defendants.

No. 4:16-cv-06690-YGR
[PROPOSED] ORDER
CONSOLIDATING RELATED
ACTIONS, APPOINTING LEAD
PLAINTIFF AND LEAD
COUNSEL
CLASS ACTION
JUDGE: Hon. Yvonne Gonzalez Rogers
Ctrm: 1-4th Floor (Oakland)

No. 4:16-cv-06707-YGR

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[Proposed] Order Consolidating Related Actions, Appointing Lead Plaintiff and Lead Counsel
No. 4:16-cv-06690-YGR

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WHEREAS, the above-captioned securities class actions (the “Securities Class

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Actions”) have been filed against Dynavax Technologies Corporation, et al. (collectively

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“Defendants”), alleging violations of the federal securities laws;

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WHEREAS, Federal Rule of Civil Procedure 42(a) provides that a court may order all

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actions consolidated if they involve “common issues of law or fact.” The Securities Class

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Actions involve common legal and factual issues; thus, efficiency and consistency will result

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from their consolidation;

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WHEREAS, pursuant to the Private Securities Litigation Reform Act of 1995
(“PSLRA”), 15 U.S.C. § 78u-4(a)(3)(A)(i), on November 18, 2016, plaintiff in the first-filed
action issued a notice to potential class members of the action and informed them of their right
to move to serve as lead plaintiff within 60 days of the date of the issuance of said notice;
WHEREAS, on January 17, 2017, class member Kwok Pang (“Movant”) timely filed a
motion to consolidate the related actions, be appointed as Lead Plaintiff, and to approve of his
selection of The Rosen Law Firm, P.A. as Lead Counsel;

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WHEREAS, the PSLRA provides, inter alia, that the most-adequate plaintiff to serve as

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lead plaintiff is the person or group of persons that has either filed a complaint or has made a

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motion in response to a notice and has the largest financial interest in the relief sought by the

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Class and satisfies the requirements of Fed. R. Civ. P. 23;

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WHEREAS, 15 U.S.C. § 78u-4(a)(3)(B) provides, inter alia, that as soon as practicable

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after the decision on consolidation is rendered, the Court shall appoint the most adequate

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plaintiff as lead plaintiff for the consolidated actions;

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WHEREAS, the Court finding that Movant has the largest financial interest in this
action and prima facie satisfies the typicality and adequacy requirements of Fed. R. Civ. P. 23.
See 15 U.S.C. § 78u-4(a)(3)(B)(iii)(I); and

Further, the motions of other putative class members (Dkt. Nos. 25 and 33)
have been withdrawn and the instant motion is unopposed (Dkt. No. 37 and 38).
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[Proposed] Order Consolidating Related Actions, Appointing Lead Plaintiff and Lead Counsel
No. 4:16-cv-06690-YGR

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IT IS HEREBY ORDERED THAT:

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CONSOLIDATION OF SECURITIES CLASS ACTIONS

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1.

The Securities Class Actions are consolidated for all purposes including, but not

limited to, discovery, pretrial proceedings and trial proceedings pursuant to Fed. R. Civ. P.
42(a).

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MASTER DOCKET AND CAPTION
2. The docket in Case No. 4:16-cv-06690-YGR shall constitute the Master Docket for
this action.
3.

Every pleading filed in the consolidated action shall bear the following caption:

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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-------------------------------------------------------X
Master File No. 4:16-cv-06690-YGR

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In re Dynavax Technologies Corporation

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Securities Litigation

CLASS ACTION

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-------------------------------------------------------X
This Document Relates To:

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4.

The file in civil action no. 4:16-cv-06690-YGR shall constitute a master file for

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every action in the consolidated action. When the document being filed pertains to all actions,

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the phrase “All Actions” shall appear immediately after the phrase “This Document Relates

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To:”. When a pleading applies to some, but not all, of the actions, the document shall list,

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immediately after the phrase “This Document Relates To:”, the docket number for each

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individual action to which the document applies, along with the last name of the first-listed

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plaintiff in said action.

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5.

All Securities Class Actions subsequently filed in, or transferred to, this District

shall be consolidated into this action. This Order shall apply to every such action, absent an
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[Proposed] Order Consolidating Related Actions, Appointing Lead Plaintiff and Lead Counsel
No. 4:16-cv-06690-YGR

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order of the Court. A party objecting to such consolidation, or to any other provisions of this

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Order, must file an application for relief from this Order within ten days after the date on which

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a copy of this Order is mailed to the party’s counsel.
6.

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This Order is entered without prejudice to the rights of any party to apply for

severance of any claim or action, with good cause shown.

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APPOINTMENT OF LEAD PLAINTIFF AND LEAD COUNSEL
7.

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Pursuant to Section 21D(a)(3)(B) of the Exchange Act, 15 U.S.C. §78u-

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4(a)(3)(B), Movant is appointed as Lead Plaintiff of the class, as Movant has the largest

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financial interest in this litigation and otherwise satisfies the requirements of Fed. R. Civ. P.

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23.
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Movant’s choice of counsel is approved, and accordingly, The Rosen Law Firm,

P.A. is appointed as Lead Counsel.
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Lead Counsel, after being appointed by the Court, shall manage the prosecution

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of this litigation. Lead Counsel is to avoid duplicative or unproductive activities and is hereby

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vested by the Court with the responsibilities that include, without limitation, the following: (1)

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to prepare all pleadings; (2) to direct and coordinate the briefing and arguing of motions in

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accordance with the schedules set by the orders and rules of this Court; (3) to initiate and direct

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discovery; (4) prepare the case for trial; and (5) to engage in settlement negotiations on behalf
of Lead Plaintiff and the Class.

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IT IS SO ORDERED.

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Dated: ________ 31 2017
January ___,

____________________________
Hon. Yvonne Gonzalez Rogers
U.S. District Judge

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[Proposed] Order Consolidating Related Actions, Appointing Lead Plaintiff and Lead Counsel
No. 4:16-cv-06690-YGR