City of Miami General Employees' & Sanitation Employees' Retirement Trust v. RH, Inc. et al

Filing 133

ORDER RE STIPULATED PRELIMINARY APPROVAL SCHEDULE; All pending deadlines are VACATED. Set/Reset Deadlines as to: Lead Plaintiff shall file Motion for Preliminary approval of proposed settlement by 5/6/2019. Any Opposition/Responses filed by 5/2 0/2019. Replies filed by 5/27/2019. Motion for Preliminary Approval of Settlement Hearing set for 6/18/2019 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 3/27/2019. (fs, COURT STAFF) (Filed on 3/27/2019)

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1 2 3 4 5 6 7 8 9 10 11 12 13 JORDAN ETH (CA SBN 121617) JEth@mofo.com MARK R.S. FOSTER (CA SBN 2236822) MFoster@mofo.com AMANDA TRELEAVEN (CA SBN 266934) ATreleaven@mofo.com SU-HAN WANG (CA SBN 284863) SWang@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 ERIK J. OLSON (CA SBN 175815) EJOlson@mofo.com MORRISON & FOERSTER LLP 755 Page Mill Road Palo Alto, California 94304-1018 Telephone: (650) 813-5600 Facsimile: (650) 494-0792 Attorneys for Defendants RH, GARY FRIEDMAN, and KAREN BOONE 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 OAKLAND DIVISION 17 18 Case No. 4:17-cv-00554-YGR 19 20 21 22 IN RE RH, INC. SECURITIES LITIGATION CLASS ACTION STIPULATED PRELIMINARY APPROVAL SCHEDULE AND [PROPOSED] ORDER 23 24 25 26 27 28 STIPULATED PRELIMINARY APPROVAL SCHEDULE AND [PROPOSED] ORDER Case No. 4:17-CV-00554-YGR sf-4007587 1 In accordance with Local Rule 7-12, Lead Plaintiffs Public School Teachers’ Pension & 2 Retirement Fund of Chicago and Arkansas Teacher Retirement System (“Lead Plaintiffs”) and 3 Defendants RH, Gary Friedman, and Karen Boone (“Defendants” and collectively with Lead 4 Plaintiffs, the “Parties”), by and through their undersigned counsel, submit the following stipulation 5 and proposed order: 6 WHEREAS, on March 1, 2019, the Parties participated in an all-day mediation before the 7 former United States District Judge Layn R. Phillips and thereafter engaged in further settlement 8 negotiations culminating in an agreement in principle to a class-wide settlement, the basic terms of 9 which are set forth in a fully executed Memorandum of Understanding dated March 21, 2019; 10 11 12 13 WHEREAS, the proposed settlement, if approved by the Court, will fully resolve all pending claims in the action; NOW, THEREFORE, the Parties hereby stipulate and agree as follows, and respectfully request that the Court enter the [Proposed] Order: 14 1. All pending deadlines shall be vacated; 15 2. Lead Plaintiffs shall file a motion for preliminary approval of the proposed 16 17 18 19 20 21 22 settlement on or before May 6, 2019; 3. Any opposition to the motion for preliminary approval shall be filed on or before May 20, 2019; 4. Lead Plaintiffs’ reply in support of preliminary approval shall be filed on or before May 27, 2019; 5. Lead Plaintiffs shall notice the hearing on their motion for preliminary approval for June 18, 2019 at 2:00 p.m. 23 24 25 26 27 28 STIPULATED PRELIMINARY APPROVAL SCHEDULE AND [PROPOSED] ORDER Case No. 4:17-CV-00554-YGR sf-4007587 1 1 Dated: March 25, 2019 MORRISON & FOERSTER LLP 2 3 By: 4 /s/ Mark R.S. Foster Mark R.S. Foster Attorneys for Defendants RH, Gary Friedman, and Karen Boone 5 6 7 8 Dated: March 25, 2019 BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP 9 10 11 12 13 By: /s/ Jonathan D. Uslaner Jonathan D. Uslaner Attorneys for Lead Plaintiffs Public School Teachers’ Pension & Retirement Fund of Chicago and Arkansas Teacher Retirement System and Lead Counsel for the Class 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PRELIMINARY APPROVAL SCHEDULE AND [PROPOSED] ORDER Case No. 4:17-CV-00554-YGR sf-4007587 2 1 ORDER 2 3 PURSUANT TO STIPULATION, IT IS SO ORDERED. 4 5 Dated: March 27, 2019 6 7 8 9 HONORABLE YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PRELIMINARY APPROVAL SCHEDULE AND [PROPOSED] ORDER Case No. 4:17-CV-00554-YGR sf-4007587 3 1 2 3 ATTESTATION (CIVIL LOCAL RULE 5-1(i)(3)) In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this document has been obtained from the signatories. 4 5 6 7 8 Dated: March 25, 2019 MORRISON & FOERSTER LLP /s/ Mark R.S. Foster Mark R.S. Foster 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PRELIMINARY APPROVAL SCHEDULE AND [PROPOSED] ORDER Case No. 4:17-CV-00554-YGR sf-4007587 4

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